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A BILL TO BE ENTITLED
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AN ACT
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relating to matters regarding educators, including the composition |
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of the State Board for Educator Certification, the board's |
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disciplinary proceedings, and a public school teacher's |
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notification of resignation from employment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.033, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) At least two of the members appointed under Subsection |
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(a)(1), (2), or (3) must be from a school district with fewer than |
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999 students in membership for purposes of average daily |
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attendance. |
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SECTION 2. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Sections 21.065, 21.066, and 21.067 to read as |
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follows: |
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Sec. 21.065. FINDINGS OF FACT. In adopting findings of fact |
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in a disciplinary proceeding initiated under this chapter to |
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suspend or revoke a certificate or permit, the board must include in |
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the findings any available information regarding the respondent's |
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response to the allegations on which the proceeding is based. |
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Sec. 21.066. ALTERNATIVES TO SUSPENSION. Before suspending |
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a certificate or permit issued under this subchapter, including for |
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a reason related to contract abandonment, the board must consider |
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requiring additional continuing education or training as an |
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alternative to suspension. |
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Sec. 21.067. NOTICE TO TEACHER REGARDING SUSPENSION OR |
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REVOCATION OF CERTIFICATE OR PERMIT. (a) In this section, |
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"teacher" means a superintendent, principal, supervisor, classroom |
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teacher, school counselor, or other full-time professional |
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employee who is required to hold a certificate issued under this |
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subchapter. |
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(b) On the suspension or revocation of a teacher's |
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certificate or permit issued under this subchapter, the board shall |
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promptly notify the teacher of the suspension or revocation by |
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certified mail and, if available, e-mail. The notice must include |
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the basis for the suspension or revocation. |
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SECTION 3. Section 21.105, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) A teacher employed under a probationary contract for the |
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following school year may relinquish the position and leave the |
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employment of the district at the end of a school year without |
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penalty by filing with the board of trustees or its designee a |
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written resignation not later than the 30th [45th] day before the |
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first day of instruction of the following school year. A written |
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resignation mailed by prepaid certified or registered mail to the |
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president of the board of trustees or the board's designee at the |
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post office address of the district is considered filed at the time |
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of mailing. |
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(c) Subject to Subsection (d), on [On] written complaint by |
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the employing district, the State Board for Educator Certification |
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may impose sanctions against a teacher employed under a |
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probationary contract who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(d) If a teacher fails to timely file a written resignation |
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as required by Subsection (a), the State Board for Educator |
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Certification may not revoke the teacher's certificate under |
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Subsection (c) if the teacher: |
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(1) has no disciplinary history with the board; and |
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(2) demonstrates that the notice of resignation given |
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was reasonable under the circumstances. |
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SECTION 4. Section 21.160, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) A teacher employed under a continuing contract may |
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relinquish the position and leave the employment of the district at |
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the end of a school year without penalty by filing with the board of |
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trustees or its designee a written resignation not later than the |
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30th [45th] day before the first day of instruction of the following |
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school year. A written resignation mailed by prepaid certified or |
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registered mail to the president of the board of trustees or the |
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board's designee at the post office address of the district is |
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considered filed at time of mailing. |
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(c) Subject to Subsection (d), on [On] written complaint by |
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the employing district, the State Board for Educator Certification |
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may impose sanctions against a teacher who is employed under a |
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continuing contract that obligates the district to employ the |
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person for the following school year and who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(d) If a teacher fails to timely file a written resignation |
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as required by Subsection (a), the State Board for Educator |
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Certification may not revoke the teacher's certificate under |
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Subsection (c) if the teacher: |
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(1) has no disciplinary history with the board; and |
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(2) demonstrates that the notice of resignation given |
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was reasonable under the circumstances. |
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SECTION 5. Section 21.210, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) A teacher employed under a term contract with a school |
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district may relinquish the teaching position and leave the |
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employment of the district at the end of a school year without |
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penalty by filing a written resignation with the board of trustees |
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or the board's designee not later than the 30th [45th] day before |
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the first day of instruction of the following school year. A written |
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resignation mailed by prepaid certified or registered mail to the |
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president of the board of trustees or the board's designee at the |
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post office address of the district is considered filed at the time |
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of mailing. |
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(c) Subject to Subsection (d), on [On] written complaint by |
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the employing district, the State Board for Educator Certification |
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may impose sanctions against a teacher who is employed under a term |
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contract that obligates the district to employ the person for the |
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following school year and who: |
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(1) resigns; |
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(2) fails without good cause to comply with Subsection |
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(a) or (b); and |
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(3) fails to perform the contract. |
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(d) If a teacher fails to timely file a written resignation |
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as required by Subsection (a), the State Board for Educator |
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Certification may not revoke the teacher's certificate under |
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Subsection (c) if the teacher: |
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(1) has no disciplinary history with the board; and |
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(2) demonstrates that the notice of resignation given |
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was reasonable under the circumstances. |
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SECTION 6. Section 21.033(a-1), Education Code, as added by |
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this Act, requiring that at least two members of the State Board for |
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Educator Certification appointed under Subsection (a)(1), (2), or |
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(3) of that section be from a school district with fewer than 999 |
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students in membership for purposes of average daily attendance, |
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does not affect the entitlement of members described by those |
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subdivisions serving on the board immediately before the effective |
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date of this Act to continue to carry out the members' duties for |
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the remainder of the members' terms. The governor shall appoint |
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members who meet the requirements under Section 21.033(a-1), |
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Education Code, as added by this Act, if necessary, on the first two |
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vacancies that occur after the effective date of this Act of a board |
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position held by a member under Subsection (a)(1), (2), or (3) of |
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that section. |
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SECTION 7. Sections 21.065, 21.066, 21.105(d), 21.160(d), |
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and 21.210(d), Education Code, as added by this Act, apply only to a |
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disciplinary proceeding initiated by the State Board for Educator |
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Certification on or after the effective date of this Act. A |
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disciplinary proceeding commenced before the effective date of this |
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Act is governed by the law in effect immediately before that date, |
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and the former law is continued in effect for that purpose. |
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SECTION 8. Section 21.067, Education Code, as added by this |
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Act, applies only to a suspension or revocation of a teacher's |
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certificate or permit by the State Board for Educator Certification |
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occurring on or after the effective date of this Act. |
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SECTION 9. Sections 21.105(a), 21.160(a), and 21.210(a), |
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Education Code, as amended by this Act, apply beginning with the |
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written resignation required to be filed by a teacher who intends to |
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leave employment with a school district at the end of the 2021-2022 |
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school year. |
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SECTION 10. This Act takes effect September 1, 2021. |