Enrolled Bill Summary

            Senate Bill 893 amends Education Code provisions relating to procedures in a hearing on a teacher's suspension or contract termination. The bill requires a teacher requesting a hearing to provide the commissioner of education with a copy of the notice of the proposed action, and it allows the teacher and the district to agree in writing to extend the deadline for filing a request by up to 10 days. The bill allows the district and teacher to select a hearing examiner from a list maintained by the commissioner or a person who is not certified as an examiner but who is licensed to practice law in this state; if the parties agree on an examiner, they must notify the commissioner in writing before the date the commissioner may assign an examiner. If an examiner is not selected, the commissioner must assign an examiner within six to 10 business days after receiving a hearing request. The bill allows the parties to agree to reject, for any reason, an examiner assigned by the commissioner.

            The bill extends by 15 days the deadline for an examiner to complete the hearing and make a recommendation, and it allows both parties to agree in writing to extend by up to 45 days the right to a recommendation by the examiner. The bill also allows a party to file a request for rehearing not later than 20 days after the party or the party's representative receives notice of the commissioner's decision. If either party files a request for a rehearing, the bill allows a judicial appeal of the commissioner's decision to be perfected within 30 days after the commissioner denies that request.