| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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 [45th] day before 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 [On] written 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. |
|
|
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 [45th] day before 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 time of mailing. |
|
|
(c) Subject to Subsection (e), on [On] written 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. |
|
|
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 [45th] day before |
|
|
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 [On] written 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. |
|
|
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. |