Bill Text: TX HB1513 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to hearings on certain public school employee employment decisions before the board of trustees of a school district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-02 - Referred to Public Education [HB1513 Detail]
Download: Texas-2011-HB1513-Introduced.html
82R7870 CAS-D | ||
By: Dutton | H.B. No. 1513 |
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relating to hearings on certain public school employee employment | ||
decisions before the board of trustees of a school district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.1511, Education Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) In adopting a process under Subsection (b)(13) | ||
through which school district personnel may obtain a hearing from | ||
the board of trustees regarding a complaint, the hearing must allow | ||
the employee to: | ||
(1) be represented by a representative of the | ||
employee's choice; | ||
(2) as applicable, cross-examine adverse witnesses; | ||
and | ||
(3) present evidence. | ||
SECTION 2. Section 21.258, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) At the meeting, the board of trustees or board | ||
subcommittee shall consider the hearing examiner's recommendation | ||
and shall, unless the teacher requests a full hearing before the | ||
board in accordance with Subsection (b-1), allow each party to | ||
present an oral argument to the board or subcommittee. The board by | ||
written policy may limit the amount of time for oral argument. The | ||
policy must provide equal time for each party. | ||
(b-1) If the teacher requests a full hearing before the | ||
board for consideration of the hearing examiner's recommendation, | ||
each party may: | ||
(1) be represented by a representative of the party's | ||
choice; | ||
(2) hear the evidence supporting the hearing | ||
examiner's recommendation; | ||
(3) cross-examine adverse witnesses; and | ||
(4) present evidence. | ||
SECTION 3. Section 21.259(a), Education Code, is amended to | ||
read as follows: | ||
(a) Not later than the 10th day after the date of the board | ||
meeting under Section 21.258, the board of trustees or board | ||
subcommittee shall announce a decision that: | ||
(1) includes findings of fact and conclusions of law; | ||
(2) complies with Subsections (b), (c), and (d), | ||
unless the board conducted a full hearing as provided by Section | ||
21.258(b-1); and | ||
(3) [ |
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SECTION 4. Section 21.301(c), Education Code, is amended to | ||
read as follows: | ||
(c) The commissioner shall review the record of the hearing | ||
before the hearing examiner and, as applicable, the oral argument | ||
before the board of trustees or board subcommittee or the hearing | ||
before the board. Except as provided in Section 21.302, the | ||
commissioner shall consider the appeal solely on the basis of the | ||
local record and may not consider any additional evidence or issue. | ||
The commissioner, on the motion of a party or on the commissioner's | ||
motion, may hear oral argument. The commissioner shall accept | ||
written argument. | ||
SECTION 5. Section 21.302(a), Education Code, is amended to | ||
read as follows: | ||
(a) If a party alleges that procedural irregularities that | ||
are not reflected in the local record occurred at the hearing before | ||
the hearing examiner or before the board of trustees, the | ||
commissioner may hold a hearing for the presentation of evidence on | ||
that issue. The party alleging that procedural irregularities | ||
occurred shall identify the specific alleged defect and its claimed | ||
effect on the board's or board subcommittee's decision. The | ||
commissioner may make appropriate orders consistent with rules | ||
adopted by the commissioner. The commissioner's determination on | ||
any alleged procedural irregularities is final and may not be | ||
appealed. | ||
SECTION 6. Section 21.303(b), Education Code, is amended to | ||
read as follows: | ||
(b) If the board of trustees terminated a teacher's | ||
probationary, continuing, or term contract during the contract term | ||
or suspended a teacher without pay, the commissioner may not | ||
substitute the commissioner's judgment for that of the board | ||
unless: | ||
(1) if the board accepted the hearing examiner's | ||
findings of fact without modification, the decision is arbitrary, | ||
capricious, or unlawful or is not supported by substantial | ||
evidence; [ |
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(2) if the board modified the hearing examiner's | ||
findings of fact, the decision is arbitrary, capricious, or | ||
unlawful or the hearing examiner's original findings of fact are | ||
not supported by substantial evidence; or | ||
(3) if the board held a hearing under Section | ||
21.258(b-1), the board's decision following the hearing is | ||
arbitrary, capricious, or unlawful or is not supported by | ||
substantial evidence. | ||
SECTION 7. (a) The board of trustees of a school district | ||
shall adopt a process for a hearing in accordance with Section | ||
11.1511(b-1), Education Code, as added by this Act, as soon as | ||
practicable after the effective date of this Act. | ||
(b) Section 21.258, Education Code, as amended by this Act, | ||
applies only to the decision of the board of trustees of a school | ||
district described by Section 21.251, Education Code, made on or | ||
after the effective date of this Act. A decision of the board of | ||
trustees described by Section 21.251, Education Code, made before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the decision was made, and that law is continued in effect | ||
for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2011. |