Bill Text: TX HB2519 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to matters regarding educators, including the composition of the State Board for Educator Certification, the issuance of certain sanctions by the board, and requiring a school district to notify a teacher regarding the submission of certain complaints to the board.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [HB2519 Detail]
Download: Texas-2021-HB2519-Enrolled.html
H.B. No. 2519 |
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relating to matters regarding educators, including the composition | ||
of the State Board for Educator Certification, the issuance of | ||
certain sanctions by the board, and requiring a school district to | ||
notify a teacher regarding the submission of certain complaints to | ||
the board. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.033, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) At least two of the members appointed under Subsection | ||
(a)(1), (2), or (3) must be from a school district eligible for an | ||
allotment under Section 48.101. | ||
SECTION 2. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.065 to read as follows: | ||
Sec. 21.065. NOTICE TO TEACHER REGARDING SUSPENSION OF | ||
CERTIFICATE OR PERMIT. (a) In this section, "teacher" means a | ||
superintendent, principal, supervisor, classroom teacher, school | ||
counselor, paraprofessional, or other full-time professional | ||
employee who is required to hold a certificate issued under this | ||
subchapter. | ||
(b) Except as provided by Subsection (c), on the suspension | ||
of a teacher's certificate or permit issued under this subchapter, | ||
the board shall promptly notify the teacher of the suspension. The | ||
notice must include: | ||
(1) the basis for the suspension; and | ||
(2) information regarding the method in which the | ||
teacher may respond to the suspension. | ||
(c) Subsection (b) does not apply to the suspension of a | ||
teacher's certificate or permit by an agreed order. | ||
SECTION 3. Section 21.105, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(c) Subject to Subsections (e) and (f), on [ |
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complaint by the employing district, the State Board for Educator | ||
Certification may impose sanctions against a teacher employed under | ||
a probationary contract who: | ||
(1) resigns; | ||
(2) fails without good cause to comply with Subsection | ||
(a) or (b); and | ||
(3) fails to perform the contract. | ||
(d) If a school district submits a complaint regarding a | ||
teacher to the State Board for Educator Certification under | ||
Subsection (c), the district shall promptly notify the teacher of | ||
the complaint. The notice must include: | ||
(1) the basis of the complaint; | ||
(2) information regarding how the teacher may contact | ||
the State Board for Educator Certification; and | ||
(3) a reminder that the teacher should verify that the | ||
teacher's mailing address on file with the State Board for Educator | ||
Certification is current. | ||
(e) Before imposing sanctions against a teacher under | ||
Subsection (c), the State Board for Educator Certification: | ||
(1) must consider any mitigating factors relevant to | ||
the teacher's conduct; and | ||
(2) may consider alternatives to sanctions, including | ||
additional continuing education or training. | ||
(f) If a teacher fails to timely file a written resignation | ||
as required by Subsection (a) but files a written resignation in the | ||
manner provided by that subsection not later than the 30th day | ||
before the first day of instruction of the following school year, | ||
the State Board for Educator Certification may not suspend or | ||
revoke the teacher's certificate under Subsection (c). | ||
SECTION 4. Section 21.160, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(c) Subject to Subsections (e) and (f), on [ |
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complaint by the employing district, the State Board for Educator | ||
Certification may impose sanctions against a teacher who is | ||
employed under a continuing contract that obligates the district to | ||
employ the person for the following school year and who: | ||
(1) resigns; | ||
(2) fails without good cause to comply with Subsection | ||
(a) or (b); and | ||
(3) fails to perform the contract. | ||
(d) If a school district submits a complaint regarding a | ||
teacher to the State Board for Educator Certification under | ||
Subsection (c), the district shall promptly notify the teacher of | ||
the complaint. The notice must include: | ||
(1) the basis of the complaint; | ||
(2) information regarding how the teacher may contact | ||
the State Board for Educator Certification; and | ||
(3) a reminder that the teacher should verify that the | ||
teacher's mailing address on file with the State Board for Educator | ||
Certification is current. | ||
(e) Before imposing sanctions against a teacher under | ||
Subsection (c), the State Board for Educator Certification: | ||
(1) must consider any mitigating factors relevant to | ||
the teacher's conduct; and | ||
(2) may consider alternatives to sanctions, including | ||
additional continuing education or training. | ||
(f) If a teacher fails to timely file a written resignation | ||
as required by Subsection (a) but files a written resignation in the | ||
manner provided by that subsection not later than the 30th day | ||
before the first day of instruction of the following school year, | ||
the State Board for Educator Certification may not suspend or | ||
revoke the teacher's certificate under Subsection (c). | ||
SECTION 5. Section 21.210, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(c) Subject to Subsections (e) and (f), on [ |
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complaint by the employing district, the State Board for Educator | ||
Certification may impose sanctions against a teacher who is | ||
employed under a term contract that obligates the district to | ||
employ the person for the following school year and who: | ||
(1) resigns; | ||
(2) fails without good cause to comply with Subsection | ||
(a) or (b); and | ||
(3) fails to perform the contract. | ||
(d) If a school district submits a complaint regarding a | ||
teacher to the State Board for Educator Certification under | ||
Subsection (c), the district shall promptly notify the teacher of | ||
the complaint. The notice must include: | ||
(1) the basis of the complaint; | ||
(2) information regarding how the teacher may contact | ||
the State Board for Educator Certification; and | ||
(3) a reminder that the teacher should verify that the | ||
teacher's mailing address on file with the State Board for Educator | ||
Certification is current. | ||
(e) Before imposing sanctions against a teacher under | ||
Subsection (c), the State Board for Educator Certification: | ||
(1) must consider any mitigating factors relevant to | ||
the teacher's conduct; and | ||
(2) may consider alternatives to sanctions, including | ||
additional continuing education or training. | ||
(f) If a teacher fails to timely file a written resignation | ||
as required by Subsection (a) but files a written resignation in the | ||
manner provided by that subsection not later than the 30th day | ||
before the first day of instruction of the following school year, | ||
the State Board for Educator Certification may not suspend or | ||
revoke the teacher's certificate under Subsection (c). | ||
SECTION 6. Section 21.033(a-1), Education Code, as added by | ||
this Act, requiring that at least two members of the State Board for | ||
Educator Certification appointed under Subsection (a)(1), (2), or | ||
(3) of that section be from a school district eligible for an | ||
allotment under Section 48.101, does not affect the entitlement of | ||
members described by those subdivisions serving on the board | ||
immediately before the effective date of this Act to continue to | ||
carry out the members' duties for the remainder of the members' | ||
terms. The governor shall appoint members who meet the | ||
requirements under Section 21.033(a-1), Education Code, as added by | ||
this Act, if necessary, on the first two vacancies that occur after | ||
the effective date of this Act of a board position held by a member | ||
under Subsection (a)(1), (2), or (3) of that section. | ||
SECTION 7. Section 21.065, Education Code, as added by this | ||
Act, applies only to a suspension of a teacher's certificate or | ||
permit by the State Board for Educator Certification occurring on | ||
or after the effective date of this Act. | ||
SECTION 8. (a) Sections 21.105(d), 21.160(d), and | ||
21.210(d), Education Code, as added by this Act, apply only to a | ||
complaint submitted to the State Board for Educator Certification | ||
on or after the effective date of this Act. | ||
(b) Sections 21.105(e) and (f), 21.160(e) and (f), and | ||
21.210(e) and (f), Education Code, as added by this Act, apply only | ||
to a disciplinary proceeding initiated by the State Board for | ||
Educator Certification on or after the effective date of this Act. | ||
A disciplinary proceeding commenced before the effective date of | ||
this Act is governed by the law in effect immediately before that | ||
date, and the former law is continued in effect for that purpose. | ||
SECTION 9. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2519 was passed by the House on April | ||
21, 2021, by the following vote: Yeas 143, Nays 5, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2519 on May 28, 2021, by the following vote: Yeas 133, Nays 11, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2519 was passed by the Senate, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |