Bill Text: TX HB19 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to hearings on public school educator contracts.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-06-27 - Postponed [HB19 Detail]
Download: Texas-2011-HB19-Introduced.html
| 82S10104 CAS-D | ||
| By: Aycock | H.B. No. 19 | |
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| relating to hearings on public school educator contracts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 21, Education Code, is | ||
| amended by adding Section 21.1041 to read as follows: | ||
| Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A | ||
| teacher is entitled to: | ||
| (1) a hearing as provided by Subchapter F, if the | ||
| teacher is protesting proposed action under Section 21.104; or | ||
| (2) a hearing in a manner provided under Section | ||
| 21.207 for nonrenewal of a term contract or a hearing provided by | ||
| Subchapter F, as determined by the board of trustees of the | ||
| district, if the teacher is protesting proposed action to terminate | ||
| a probationary contract before the end of the contract period on the | ||
| basis of a financial exigency declared under Section 44.011 that | ||
| requires a reduction in personnel. | ||
| SECTION 2. Section 21.159(b), Education Code, is amended to | ||
| read as follows: | ||
| (b) A teacher who notifies the board of trustees within the | ||
| time prescribed by Subsection (a) is entitled to: | ||
| (1) a hearing as provided by Subchapter F, if the | ||
| teacher is protesting proposed action under Section 21.156; or | ||
| (2) a hearing in a manner provided under Section | ||
| 21.207 for nonrenewal of a term contract or a hearing provided by | ||
| Subchapter F, as determined by the board, if the teacher is | ||
| protesting proposed action under Section 21.157 or proposed action | ||
| to terminate a term contract at any time on the basis of a financial | ||
| exigency declared under Section 44.011 that requires a reduction in | ||
| personnel. | ||
| SECTION 3. Section 21.207, Education Code, is amended by | ||
| adding Subsection (b-1) and amending Subsection (c) to read as | ||
| follows: | ||
| (b-1) The board of trustees may designate an attorney | ||
| licensed to practice law in this state to hold the hearing on behalf | ||
| of the board, to create a hearing record for the board's | ||
| consideration and action, and to recommend an action to the board. | ||
| The attorney serving as the board's designee may not be employed by | ||
| a school district and neither the designee nor a law firm with which | ||
| the designee is associated may be serving as an agent or | ||
| representative of a school district, of a teacher in a dispute | ||
| between a district and a teacher, or of an organization of school | ||
| employees, school administrators, or school boards of trustees. | ||
| Not later than the 15th day after the completion of the hearing | ||
| under this subsection, the board's designee shall provide to the | ||
| board a record of the hearing and the designee's recommendation of | ||
| whether the contract should be renewed or not renewed. The board | ||
| shall consider the record of the hearing and the designee's | ||
| recommendation at the first board meeting for which notice can be | ||
| posted in compliance with Chapter 551, Government Code, following | ||
| the receipt of the record and recommendation from the board's | ||
| designee, unless the parties agree in writing to a different date. | ||
| At the meeting, the board shall consider the hearing record and the | ||
| designee's recommendation and allow each party to present an oral | ||
| argument to the board. The board by written policy may limit the | ||
| amount of time for oral argument. The policy must provide equal time | ||
| for each party. The board may obtain advice concerning legal | ||
| matters from an attorney who has not been involved in the | ||
| proceedings. The board may accept, reject, or modify the designee's | ||
| recommendation. The board shall notify the teacher in writing of | ||
| the board's decision not later than the 15th day after the date of | ||
| the meeting. | ||
| (c) At the hearing before the board or the board's designee, | ||
| the teacher may: | ||
| (1) be represented by a representative of the | ||
| teacher's choice; | ||
| (2) hear the evidence supporting the reason for | ||
| nonrenewal; | ||
| (3) cross-examine adverse witnesses; and | ||
| (4) present evidence. | ||
| SECTION 4. Section 21.251, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 21.251. APPLICABILITY. (a) This subchapter applies | ||
| if a teacher requests a hearing after receiving notice of the | ||
| proposed decision to: | ||
| (1) terminate the teacher's continuing contract at any | ||
| time, except as provided by Subsection (b)(3); | ||
| (2) terminate the teacher's probationary or term | ||
| contract before the end of the contract period, except as provided | ||
| by Subsection (b)(3); or | ||
| (3) suspend the teacher without pay. | ||
| (b) This subchapter does not apply to: | ||
| (1) a decision to terminate a teacher's employment at | ||
| the end of a probationary contract; [ |
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| (2) a decision not to renew a teacher's term contract, | ||
| unless the board of trustees of the employing district has decided | ||
| to use the process prescribed by this subchapter for that purpose; | ||
| or | ||
| (3) a decision, on the basis of a financial exigency | ||
| declared under Section 44.011 that requires a reduction in | ||
| personnel, to terminate a probationary or term contract before the | ||
| end of the contract period or to terminate a continuing contract at | ||
| any time, unless the board of trustees has decided to use the | ||
| process prescribed by this subchapter for that purpose. | ||
| SECTION 5. Subchapter A, Chapter 44, Education Code, is | ||
| amended by adding Section 44.011 to read as follows: | ||
| Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees | ||
| of a school district may adopt a resolution declaring a financial | ||
| exigency for the district. The declaration expires at the end of the | ||
| fiscal year during which the declaration is made unless the board | ||
| adopts a resolution before the end of the fiscal year declaring | ||
| continuation of the financial exigency for the following fiscal | ||
| year. | ||
| (b) The board is not limited in the number of times the board | ||
| may adopt a resolution declaring continuation of the financial | ||
| exigency. | ||
| (c) A board may terminate a financial exigency declaration | ||
| at any time if the board considers it appropriate. | ||
| (d) Each time the board adopts a resolution under this | ||
| section, the board must notify the commissioner. The commissioner | ||
| by rule shall prescribe the time and manner in which notice must be | ||
| given to the commissioner under this subsection. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
