Bill Text: TX HB2519 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
87R17332 ANG-D | |||
By: Darby, Huberty, Murr, Dutton, Talarico | H.B. No. 2519 | ||
Substitute the following for H.B. No. 2519: | |||
By: Dutton | C.S.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 a public school teacher's | ||
notification of resignation from employment. | ||
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) On the suspension of a teacher's certificate or permit | ||
issued under this subchapter, the board shall promptly notify the | ||
teacher of the suspension by certified mail. 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. | ||
SECTION 3. Section 21.105, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (d) and (e) | ||
to read as follows: | ||
(a) A teacher employed under a probationary contract for the | ||
following school year may relinquish the position and leave the | ||
employment of the district at the end of a school year without | ||
penalty by filing with the board of trustees or its designee a | ||
written resignation not later than the 30th [ |
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first day of instruction of the following school year. A written | ||
resignation mailed by prepaid certified or registered mail to the | ||
president of the board of trustees or the board's designee at the | ||
post office address of the district is considered filed at the time | ||
of mailing. | ||
(c) Subject to Subsection (e), on [ |
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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. | ||
SECTION 4. Section 21.160, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (d) and (e) | ||
to read as follows: | ||
(a) A teacher employed under a continuing contract may | ||
relinquish the position and leave the employment of the district at | ||
the end of a school year without penalty by filing with the board of | ||
trustees or its designee a written resignation not later than the | ||
30th [ |
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school year. A written resignation mailed by prepaid certified or | ||
registered mail to the president of the board of trustees or the | ||
board's designee at the post office address of the district is | ||
considered filed at time of mailing. | ||
(c) Subject to Subsection (e), on [ |
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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. | ||
SECTION 5. Section 21.210, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (d) and (e) | ||
to read as follows: | ||
(a) A teacher employed under a term contract with a school | ||
district may relinquish the teaching position and leave the | ||
employment of the district at the end of a school year without | ||
penalty by filing a written resignation with the board of trustees | ||
or the board's designee not later than the 30th [ |
||
the first day of instruction of the following school year. A written | ||
resignation mailed by prepaid certified or registered mail to the | ||
president of the board of trustees or the board's designee at the | ||
post office address of the district is considered filed at the time | ||
of mailing. | ||
(c) Subject to Subsection (e), on [ |
||
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. | ||
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(a), 21.160(a), and | ||
21.210(a), Education Code, as amended by this Act, apply beginning | ||
with the written resignation required to be filed by a teacher who | ||
intends to leave employment with a school district at the end of the | ||
2021-2022 school year. | ||
(b) 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. | ||
(c) Sections 21.105(e), 21.160(e), and 21.210(e), 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. |