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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 issuance of |
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certain sanctions by the board, and requiring a school district to |
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notify a teacher regarding the submission of certain complaints to |
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the board. |
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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 eligible for an |
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allotment under Section 48.101. |
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SECTION 2. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.065 to read as follows: |
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Sec. 21.065. NOTICE TO TEACHER REGARDING SUSPENSION OF |
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CERTIFICATE OR PERMIT. (a) In this section, "teacher" means a |
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superintendent, principal, supervisor, classroom teacher, school |
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counselor, paraprofessional, 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) Except as provided by Subsection (c), on the suspension |
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of a teacher's certificate or permit issued under this subchapter, |
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the board shall promptly notify the teacher of the suspension by |
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certified mail. The notice must include: |
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(1) the basis for the suspension; and |
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(2) information regarding the method in which the |
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teacher may respond to the suspension. |
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(c) Subsection (b) does not apply to the suspension of a |
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teacher's certificate or permit by an agreed order. |
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SECTION 3. Section 21.105, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Subject to Subsections (e) and (f), on [On] written |
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complaint by the employing district, the State Board for Educator |
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Certification may impose sanctions against a teacher employed under |
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a 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 school district submits a complaint regarding a |
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teacher to the State Board for Educator Certification under |
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Subsection (c), the district shall promptly notify the teacher of |
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the complaint. The notice must include: |
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(1) the basis of the complaint; |
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(2) information regarding how the teacher may contact |
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the State Board for Educator Certification; and |
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(3) a reminder that the teacher should verify that the |
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teacher's mailing address on file with the State Board for Educator |
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Certification is current. |
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(e) Before imposing sanctions against a teacher under |
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Subsection (c), the State Board for Educator Certification: |
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(1) must consider any mitigating factors relevant to |
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the teacher's conduct; and |
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(2) may consider alternatives to sanctions, including |
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additional continuing education or training. |
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(f) If a teacher fails to timely file a written resignation |
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as required by Subsection (a) but files a written resignation in the |
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manner provided by that subsection not later than the 30th day |
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before the first day of instruction of the following school year, |
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the State Board for Educator Certification may not suspend or |
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revoke the teacher's certificate under Subsection (c). |
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SECTION 4. Section 21.160, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Subject to Subsections (e) and (f), on [On] written |
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complaint by the employing district, the State Board for Educator |
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Certification may impose sanctions against a teacher who is |
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employed under a continuing contract that obligates the district to |
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employ the 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 school district submits a complaint regarding a |
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teacher to the State Board for Educator Certification under |
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Subsection (c), the district shall promptly notify the teacher of |
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the complaint. The notice must include: |
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(1) the basis of the complaint; |
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(2) information regarding how the teacher may contact |
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the State Board for Educator Certification; and |
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(3) a reminder that the teacher should verify that the |
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teacher's mailing address on file with the State Board for Educator |
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Certification is current. |
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(e) Before imposing sanctions against a teacher under |
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Subsection (c), the State Board for Educator Certification: |
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(1) must consider any mitigating factors relevant to |
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the teacher's conduct; and |
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(2) may consider alternatives to sanctions, including |
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additional continuing education or training. |
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(f) If a teacher fails to timely file a written resignation |
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as required by Subsection (a) but files a written resignation in the |
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manner provided by that subsection not later than the 30th day |
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before the first day of instruction of the following school year, |
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the State Board for Educator Certification may not suspend or |
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revoke the teacher's certificate under Subsection (c). |
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SECTION 5. Section 21.210, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Subject to Subsections (e) and (f), on [On] written |
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complaint by the employing district, the State Board for Educator |
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Certification may impose sanctions against a teacher who is |
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employed under a term contract that obligates the district to |
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employ the 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 school district submits a complaint regarding a |
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teacher to the State Board for Educator Certification under |
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Subsection (c), the district shall promptly notify the teacher of |
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the complaint. The notice must include: |
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(1) the basis of the complaint; |
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(2) information regarding how the teacher may contact |
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the State Board for Educator Certification; and |
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(3) a reminder that the teacher should verify that the |
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teacher's mailing address on file with the State Board for Educator |
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Certification is current. |
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(e) Before imposing sanctions against a teacher under |
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Subsection (c), the State Board for Educator Certification: |
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(1) must consider any mitigating factors relevant to |
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the teacher's conduct; and |
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(2) may consider alternatives to sanctions, including |
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additional continuing education or training. |
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(f) If a teacher fails to timely file a written resignation |
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as required by Subsection (a) but files a written resignation in the |
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manner provided by that subsection not later than the 30th day |
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before the first day of instruction of the following school year, |
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the State Board for Educator Certification may not suspend or |
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revoke the teacher's certificate under Subsection (c). |
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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 eligible for an |
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allotment under Section 48.101, does not affect the entitlement of |
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members described by those subdivisions serving on the board |
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immediately before the effective date of this Act to continue to |
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carry out the members' duties for the remainder of the members' |
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terms. The governor shall appoint members who meet the |
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requirements under Section 21.033(a-1), Education Code, as added by |
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this Act, if necessary, on the first two vacancies that occur after |
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the effective date of this Act of a board position held by a member |
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under Subsection (a)(1), (2), or (3) of that section. |
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SECTION 7. Section 21.065, Education Code, as added by this |
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Act, applies only to a suspension of a teacher's certificate or |
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permit by the State Board for Educator Certification occurring on |
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or after the effective date of this Act. |
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SECTION 8. (a) Sections 21.105(d), 21.160(d), and |
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21.210(d), Education Code, as added by this Act, apply only to a |
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complaint submitted to the State Board for Educator Certification |
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on or after the effective date of this Act. |
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(b) Sections 21.105(e) and (f), 21.160(e) and (f), and |
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21.210(e) and (f), Education Code, as added by this Act, apply only |
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to a disciplinary proceeding initiated by the State Board for |
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Educator Certification on or after the effective date of this Act. |
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A disciplinary proceeding commenced before the effective date of |
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this Act is governed by the law in effect immediately before that |
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date, and the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2021. |
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* * * * * |