73R7725 ESH-D
By Hochberg H.B. No. 2415
Substitute the following for H.B. No. 2415:
By Sadler C.S.H.B. No. 2415
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension of a public school teacher without pay.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 13.109, Education Code, is amended to
1-5 read as follows:
1-6 Sec. 13.109. DISCHARGE DURING YEAR; SUSPENSION WITHOUT PAY.
1-7 (a) Any teacher, whether employed under a probationary contract or
1-8 a continuing contract, may be discharged during the school year for
1-9 one or more of the following reasons, which shall constitute lawful
1-10 cause for discharge:
1-11 (1) immorality;
1-12 (2) conviction of any felony or other crime involving
1-13 moral turpitude;
1-14 (3) drunkenness;
1-15 (4) repeated failure to comply with official
1-16 directives and established school board policy;
1-17 (5) physical or mental incapacity preventing
1-18 performance of the contract of employment; and
1-19 (6) repeated and continuing neglect of duties.
1-20 (b) In the manner provided by Section 13.113 of this code, a
1-21 school district may suspend a teacher without pay for a reason
1-22 specified in Subsection (a) of this section:
1-23 (1) pending discharge of the teacher; or
1-24 (2) in lieu of discharging the teacher.
2-1 SECTION 2. Section 13.111(a), Education Code, is amended to
2-2 read as follows:
2-3 (a) Before any teacher shall be discharged during the year
2-4 or suspended without pay for any of the causes mentioned in Section
2-5 13.109 of this code, or before any probationary contract teacher
2-6 shall be dismissed at the end of a school year before the end of
2-7 the term fixed in his contract, or before any teacher holding a
2-8 continuing contract shall be dismissed or returned to probationary
2-9 contract status at the end of a school year for any of the reasons
2-10 mentioned in Section 13.110 of this code, he shall be notified in
2-11 writing by the board of trustees or under its direction of the
2-12 proposed action and of the grounds assigned therefor.
2-13 SECTION 3. Section 13.113, Education Code, is amended to
2-14 read as follows:
2-15 Sec. 13.113. PROCEDURE FOR SUSPENSION WITHOUT PAY. A <If
2-16 the proposed action be discharge of the teacher for any of the
2-17 reasons set forth in Section 13.109 of this code, the> teacher may
2-18 be suspended without pay by order of the board of trustees, or by
2-19 the superintendent of schools if such power has been delegated to
2-20 him by express regulation previously adopted by the board of
2-21 trustees, but in such event the hearing shall not be delayed for
2-22 more than 15 days after request for hearing, unless by written
2-23 consent of the teacher.
2-24 SECTION 4. Section 13.115(a), Education Code, is amended to
2-25 read as follows:
2-26 (a) If the board of trustees discharges a <shall order the>
2-27 teacher <discharged> during the school year under Section 13.109(a)
3-1 <13.109> of this code or suspends a teacher without pay in lieu of
3-2 discharge under Section 13.109(b)(2) of this code, the teacher
3-3 shall have the right to appeal such action to the commissioner of
3-4 education, for review by him, provided notice of such appeal is
3-5 filed with the board of trustees and a copy thereof mailed to the
3-6 commissioner within 15 days after written notice of the action
3-7 taken by the board of trustees shall be given to the teacher; or,
3-8 the teacher may challenge the legality of such action by suit
3-9 brought in the district court of any county in which such school
3-10 district lies within 30 days after such notice of the action taken
3-11 by the board of trustees has been given to the teacher.
3-12 SECTION 5. This Act takes effect September 1, 1993.
3-13 SECTION 6. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.