By: Parker S.B. No. 395
A BILL TO BE ENTITLED
AN ACT
1-1 relating to school employee rights.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter C, Chapter 13, Education Code, is
1-4 amended by amending Sections 13.103, 13.107, 13.108, 13.111,
1-5 13.112, 13.113, 13.114, 13.115, 13.116, 13.117 and 13.118 to read
1-6 as follows:
1-7 SUBCHAPTER C. TEACHERS' EMPLOYMENT CONTRACTS
1-8 (a) Section 13.103. Probationary Contract: Termination.
1-9 The board of trustees of any school district may terminate the
1-10 employment of any teacher holding a probationary contract at the
1-11 end of the contract period, if in their judgment the best interests
1-12 of the school district will be served thereby; provided, that
1-13 notice of intention to terminate the employment shall be given by
1-14 the board of trustees to the teacher on or before April 1,
1-15 preceding the end of the employment term fixed in the contract. In
1-16 event of failure to give such notice of intention to terminate
1-17 within the time above specified, the board of trustees shall
1-18 thereby elect to employ such probationary teacher in the same
1-19 professional capacity, and under probationary contract status for
1-20 the succeeding school year if the teacher has been employed by such
1-21 district for less than three successive school years, or in a
1-22 continuing contract position if such teacher has been employed
1-23 during three consecutive school years.
2-1 (b) Section 13.107. Status Under Continuing Contract. Each
2-2 teacher with whom a continuing contract has been made as herein
2-3 provided shall be entitled to continue in his <position or a
2-4 position with the school district,> same professional capacity, at
2-5 a salary authorized by the board of trustees of said district
2-6 complying with the minimum salary provisions of the foundation aid
2-7 law, for future school years without the necessity for annual
2-8 nomination or reappointment, until such time as the person:
2-9 (1) resigns, or retires under the teacher retirement
2-10 system;
2-11 (2) is released from employment by the school district
2-12 at the end of a school year because of necessary reduction of
2-13 personnel as herein defined;
2-14 (3) is discharged for lawful cause, as defined in
2-15 Section 13.109 of this code and in accordance with the procedures
2-16 hereinafter provided;
2-17 (4) is dismissed at the end of a school year for any
2-18 reason as set out in Section 13.110 of this code and pursuant to
2-19 the procedures hereinafter provided in such case; <or>
2-20 (5) is returned to probationary status, as authorized
2-21 in Section 13.110 of this code<.>; or
2-22 (6) is changed to a different professional capacity in
2-23 accordance with Section 13.111 of this code.
2-24 (c) Section 13.108. Administrative Personnel. The board of
2-25 trustees may grant to a person who has served as superintendent,
3-1 principal, supervisor, or other person employed in any
3-2 administrative position for which certification is required, at the
3-3 completion of his service in such professional capacity, a
3-4 continuing contract to serve as a teacher, and the period of
3-5 service in such other professional capacity shall be construed as
3-6 contract service as a teacher within the meaning of this
3-7 subchapter.
3-8 (d) Section 13.111. CHANGE OF PROFESSIONAL CAPACITY. The
3-9 professional capacity of a teacher, whether employed under a
3-10 probationary contract or a continuing contract, may not be changed
3-11 during a school year nor at the end of a school year, except for
3-12 just cause.
3-13 (e) <Section 13.111.> Section 13.112. Notice. (a) Before
3-14 any teacher shall be discharged during the year for any of the
3-15 causes mentioned in Section 13.109 of this code, or before any
3-16 probationary contract teacher shall be dismissed at the end of a
3-17 school year before the end of the term fixed in his contract, or
3-18 before any teacher holding a continuing contract shall be dismissed
3-19 or returned to probationary contract status at the end of a school
3-20 year for any of the reasons mentioned in Section 13.110 of this
3-21 code, or before the professional capacity of any teacher shall be
3-22 changed, he shall be notified in writing by the board of trustees
3-23 or under its direction of the proposed action and of the grounds
3-24 assigned therefor.
3-25 (b) In the event the grounds for the proposed action relate
4-1 to the inability or failure of the teacher to perform his assigned
4-2 duties, the action shall be based upon the written recommendation
4-3 by the superintendent of schools, filed with the board of trustees.
4-4 Any teacher so discharged or dismissed or returned to probationary
4-5 contract status or whose professional capacity is changed shall be
4-6 entitled, as a matter of right, to a copy of each and every
4-7 evaluation report, or any other memorandum in writing which has
4-8 been made touching or concerning the fitness or conduct of such
4-9 teacher, by requesting in writing a copy of the same.
4-10 (f) <Section 13.112.> Section 13.113. Hearing. (a) If,
4-11 upon written notification of the proposed action, the teacher
4-12 desires to contest the same, he shall notify the board of trustees
4-13 in writing within 10 days after the date of receipt by him of the
4-14 official notice above prescribed, of his desire to be heard<, and
4-15 he shall be given a public hearing if he wishes or if the board of
4-16 trustees determines that a public hearing is necessary in the
4-17 public interest>.
4-18 (b) Upon any charges based upon grounds of inability or
4-19 failure of the teacher to perform his assigned duties, the board of
4-20 trustees may in its discretion establish a committee of classroom
4-21 teachers and administrators, and the teacher may request a hearing
4-22 before this committee prior to hearing of the matter by the <board
4-23 of trustees> independent hearing officer.
4-24 (c) <Within 10 days after request for hearing made by the
4-25 teacher, the board of trustees shall fix a time and place of
5-1 hearing, which> The hearing shall be held not less than forty-five
5-2 days nor more than sixty days after the board receives written
5-3 notice from the teacher requesting a hearing, unless the teacher
5-4 and the administration agree otherwise. The hearing shall be held
5-5 before the proposed action shall be effective. Such hearing shall
5-6 be public unless the teacher requests in writing that it be
5-7 private.
5-8 (d) The hearing shall be conducted by an independent hearing
5-9 officer. The independent hearing officer shall be chosen from a
5-10 list of five individuals certified by the commissioner of
5-11 education. The State Board of Education shall establish by rule
5-12 the criteria for certification. The individuals certified by the
5-13 commissioner of education shall not be current or former agents,
5-14 representatives, or employees of any school district, school
5-15 employee organization, or school board organization. Both the
5-16 administration and the teacher shall have one opportunity each to
5-17 reject the entire list, and to receive another list of five
5-18 individuals certified by the commissioner. Both the administration
5-19 and the teacher shall alternately strike two individuals each from
5-20 the list of five, beginning with the administration. The
5-21 individual remaining on the list shall serve as the independent
5-22 hearing officer.
5-23 (e) The Texas Rules of Civil Procedure and the Texas Rules
5-24 of Civil Evidence shall apply to the hearing and prehearing
5-25 process. The independent hearing officer shall have the power to
6-1 issue subpoenas for the attendance of witnesses and the production
6-2 of documents at depositions and the hearing, effective within the
6-3 State of Texas, and to swear witnesses. The hearing and any
6-4 depositions shall be held within the geographical boundaries of the
6-5 school district. The hearing shall be reported by a certified
6-6 court reporter.
6-7 <(d)> (f) At such hearing, the teacher may employ counsel,
6-8 if desired, and shall have the right to hear the evidence upon
6-9 which the charges are based, to cross-examine all adverse
6-10 witnesses, and to present evidence in opposition thereto, or in
6-11 extenuation.
6-12 (g) At the hearing, the administration shall have the burden
6-13 of proof by a preponderance of the evidence. The independent
6-14 hearing officer shall make a written recommendation which shall
6-15 include findings of fact and conclusions of law. The independent
6-16 hearing officer's recommendation shall be issued within twenty days
6-17 of the close of the hearing.
6-18 <(e)> (h) The board shall take such action as it deems
6-19 lawful and appropriate and shall notify the teacher in writing of
6-20 that action within 15 days following the <conclusion of the
6-21 hearing.> issuance of the independent hearing officer's
6-22 recommendation. The board shall make its decision based on a
6-23 review of the record and the recommendation developed by the
6-24 independent hearing officer, and on oral argument before the board
6-25 by the teacher or the teacher's representative and the
7-1 administration's representative. The board shall either accept or
7-2 reject the independent hearing officer's recommendation. The board
7-3 may reject the recommendation only if it is arbitrary, capricious,
7-4 unlawful or not supported by substantial evidence.
7-5 (g) <Sec. 13.113.> Sec. 13.114. Suspension Without Pay. If
7-6 the proposed action be discharge of the teacher for any of the
7-7 reasons set forth in Section 13.109 of this code, the teacher may
7-8 be suspended without pay by order of the board of trustees, or by
7-9 the superintendent of schools if such power has been delegated to
7-10 him by express regulation previously adopted by the board of
7-11 trustees, but in such event the hearing shall not be delayed for
7-12 more than 15 days after request for hearing, unless by written
7-13 consent of the teacher.
7-14 (h) <Section 13.114.> Section 13.115. Decision of Board.
7-15 If the teacher upon notification of any such proposed action fails
7-16 to request a hearing within 10 days thereafter, or after a hearing
7-17 as hereinabove provided, the board of trustees shall take such
7-18 action and shall enter such order as it deems lawful and
7-19 appropriate. If the teacher is reinstated, he shall immediately be
7-20 paid any compensation withheld during any period of suspension
7-21 without pay. No order adverse to the teacher shall be entered
7-22 except upon majority vote of the full membership of the board of
7-23 trustees.
7-24 (i) <Section 13.115.> Section 13.116. Appeals. (a) If the
7-25 board of trustees shall order the teacher discharged during the
8-1 school year under Section 13.109 of this code, the teacher shall
8-2 have the right to appeal such action to the commissioner of
8-3 education<, for review by him, provided notice of such appeal is
8-4 filed with the board of trustees and a copy thereof mailed to the
8-5 commissioner within 15 days after written notice of the action
8-6 taken by the board of trustees shall be given to the teacher>; or,
8-7 the teacher may challenge the legality of such action by suit
8-8 brought in the district court of any county in which such school
8-9 district lies within 30 days after such notice of the action taken
8-10 by the board of trustees has been given to the teacher.
8-11 (b) If the board of trustees shall order the continuing
8-12 contract status of any teacher holding such a contract abrogated at
8-13 the end of any school year and such teacher returned to
8-14 probationary contract status, or if the board of trustees shall
8-15 order that any teacher holding a continuing contract be dismissed
8-16 at the end of the school year, or that any teacher holding a
8-17 probationary contract shall be dismissed at the end of a school
8-18 year before the end of the employment period covered by such
8-19 probationary contract, or that the professional capacity of any
8-20 teacher be changed, the teacher affected by such order<, after
8-21 filing notice of appeal with the board of trustees,> may appeal to
8-22 the commissioner of education <by mailing a copy of the notice of
8-23 appeal to the commissioner within 15 days after written notice of
8-24 the action taken by the board of trustees has been given to the
8-25 teacher>.
9-1 (c) If the teacher appeals the board's action to the
9-2 commissioner of education, the commissioner shall not hold a
9-3 hearing, but shall make his decision based on a review of the
9-4 record and the recommendation developed by the independent hearing
9-5 officer. The commissioner may affirm a board's decision which
9-6 rejected the independent hearing officer's recommendation only if
9-7 the recommendation was arbitrary, capricious, unlawful, or not
9-8 supported by substantial evidence. The commissioner may affirm a
9-9 board's decision which accepted the independent hearing officer's
9-10 recommendation only if the recommendation was not arbitrary,
9-11 capricious, unlawful, or unsupported by substantial evidence.
9-12 (d) If the commissioner reverses the decision of the board,
9-13 he shall order that the teacher shall be reinstated in his/her same
9-14 professional capacity until the teacher is lawfully discharged or
9-15 until the teacher's professional capacity is lawfully changed, or
9-16 he shall order that the district pay the teacher one year of front
9-17 pay in lieu of reinstatement. In addition, the commissioner shall
9-18 order the district to pay the teacher back pay for the period of
9-19 time between the effective date of the board's action and the date
9-20 of reinstatement.
9-21 <(c)> (e) Either party to an appeal to the commissioner
9-22 shall have the right to appeal from his decision to a District
9-23 Court in Travis County.
9-24 <(d) Deleted by Acts 1984, 68th Leg., 2nd C.S., ch. 28, art.
9-25 I, part D, Sec. 5, eff. Sept. 1, 1984.>
10-1 (j) <Section 13.116.> Section 13.117. Resignations.
10-2 (a) Any teacher holding a continuing contract with any school
10-3 district, or holding a probationary contract with an unexpired term
10-4 continuing through the ensuing school year, may relinquish the
10-5 position and leave the employment of the district at the end of any
10-6 school year without penalty by written resignation addressed to and
10-7 filed with the board of trustees prior to August 1, preceding the
10-8 end of the school year that the resignation is to be effective. A
10-9 written resignation mailed by prepaid certified or registered mail
10-10 to the superintendent of schools of the district at the post office
10-11 address of the district shall be considered filed at time of
10-12 mailing.
10-13 (b) Any teacher holding a continuing contract or such
10-14 unfulfilled probationary contract may resign, with the consent of
10-15 the board of trustees of the employing school district, at any
10-16 other time mutually agreeable.
10-17 <(c) A teacher holding a probationary contract or a
10-18 continuing contract obligating the employing district to employ
10-19 such person for the ensuing school year, who fails to resign within
10-20 the time and in the manner allowed under Subsections (a) and (b) of
10-21 this section, and who fails to perform such contract, shall be
10-22 ineligible for employment by any other Texas school district during
10-23 the ensuing school year covered by such contract, and his teaching
10-24 certificate shall be suspended for that school year only.>
10-25 (k) <Section 13.117.> Section 11.274. Supplemental Contracts
11-1 for Math and Science Teachers. (a) The legislature finds that the
11-2 health of the economy of the state and the United States is
11-3 increasingly dependent on public education to produce students
11-4 possessing general and specific skills in mathematics and science.
11-5 (b) It is the purpose of this subchapter to encourage local
11-6 school districts to provide more and better quality science and
11-7 mathematics instruction through the use of supplemental contracts
11-8 for science and mathematics teachers to expand the opportunity for
11-9 students to have more time on task by instituting summer programs
11-10 and after-school studies and developing a system of competition for
11-11 science and math students. Such expanded opportunities shall be
11-12 for remedial, regular, and talented and gifted instruction.
11-13 Therefore, local school districts are authorized and encouraged to
11-14 establish such programs to increase both the numbers of students
11-15 dedicated to the study of math and science and the quality of
11-16 instructional time in both areas.
11-17 (c) The commissioner of education is authorized and directed
11-18 to select school districts of various types to conduct pilot
11-19 program studies to determine the most effective models for
11-20 implementation of the program. Such pilot program studies shall be
11-21 conducted during the 1984-85 biennium.
11-22 (d) The commissioner of education, upon completion of
11-23 successful pilot program studies shall publish and disseminate to
11-24 all school districts model programs to achieve the goals of this
11-25 subchapter.
12-1 (e) The commissioner of education shall report the results
12-2 of the pilot studies to the 69th Legislature and may make
12-3 recommendations for the inclusion of such programs in the
12-4 Foundation School Program.
12-5 (f) Local school districts may volunteer for the pilot
12-6 studies and, if selected by the commissioner to participate, are
12-7 authorized and encouraged to provide an amount of up to $5,000 as
12-8 supplemental pay for each math and science teacher selected to
12-9 participate in the pilot programs. Such funds shall be included in
12-10 the participating teacher's regular payroll.
12-11 (g) The commissioner of education, if funds are available
12-12 either through the Foundation School Program or through various
12-13 regional services center grants or funds, may forward funds to the
12-14 local participating districts in the pilot programs to assist in
12-15 local funding of these programs. In addition, local school
12-16 districts are encouraged to seek private funding, including
12-17 foundation support to pursue the goals of this subchapter.
12-18 (l) Section 13.118. DEFINITIONS. As used in this
12-19 subchapter, the following terms shall have the meaning ascribed to
12-20 them in this section:
12-21 (a) "Teacher" means a classroom teacher, counselor,
12-22 librarian, nurse, diagnostician, visiting teacher, or other
12-23 full-time professional employee, except administrative or
12-24 paraprofessional personnel.
12-25 (b) "Board" and "board of trustees" means the governing
13-1 board of a public school district.
13-2 (c) "School district" means any public school district in
13-3 this state.
13-4 (d) "Same professional capacity" means a position, including
13-5 supervision of extracurricular activities, which is substantially
13-6 equal in duties, responsibility, authority, certification,
13-7 endorsement, education, and remuneration.
13-8 (e) "Independent hearing officer" means an individual who
13-9 shall conduct the hearing.
13-10 SECTION 2. Chapter 13, Education Code, is amended by adding
13-11 Subchapter H, to read as follows:
13-12 SUBCHAPTER H. EDUCATIONAL SUPPORT PERSONNEL
13-13 Section 13.601. DEFINITIONS. As used in this subchapter,
13-14 the following terms shall have the meaning ascribed to them in this
13-15 section:
13-16 (a) "Educational support personnel" means a bus driver,
13-17 custodian, food service employee, maintenance employee, security
13-18 personnel, educational aide, educational secretary, and all other
13-19 non-professional, para-professional and professional personnel who
13-20 do not fall within the definition of "teacher" in Section 21.201(1)
13-21 of this code.
13-22 (b) "Board" and "board of trustees" means the governing
13-23 board of a public school district.
13-24 (c) "School district" means any public school district in
13-25 this state.
14-1 (d) "Same capacity" means a position which is substantially
14-2 equal in duties, responsibility, authority, certification,
14-3 endorsement, education, and remuneration.
14-4 (e) "Independent hearing officer" means an individual who
14-5 shall conduct the hearing.
14-6 Section 13.602. EVALUATIONS. The board of trustees of each
14-7 school district shall provide by written policy for the periodic
14-8 written evaluation of each educational support personnel in its
14-9 employ at annual or more frequent intervals. Such evaluation shall
14-10 be considered by the independent hearing officer and the board of
14-11 trustees prior to any decision by the board to terminate the
14-12 employment of any educational support personnel or to change the
14-13 capacity of any educational support personnel.
14-14 Section 13.603. TERMINATION OF EMPLOYMENT; CHANGE OF
14-15 CAPACITY. (a) A board of trustees may not terminate the
14-16 employment of any educational support personnel, nor change the
14-17 capacity of any educational support personnel, except for just
14-18 cause.
14-19 (b) The board of trustees of each school district shall
14-20 establish policies and procedures for receiving recommendations
14-21 from its school administration for the termination of employment of
14-22 educational support personnel, and for the change of capacity of
14-23 educational support personnel.
14-24 Section 13.604. NOTICE. (a) In the event the board of
14-25 trustees receives a recommendation from its administration for the
15-1 termination of an educational support personnel's employment, or
15-2 for a change in an educational support personnel's capacity, the
15-3 board, after consideration of the written evaluations required by
15-4 Section 13.602 of this subchapter and the reasons for the
15-5 recommendation, shall, in its sole discretion, either reject the
15-6 recommendation or shall give the educational support personnel
15-7 written notice of the proposed action.
15-8 (b) The notice of proposed action required in this section
15-9 shall contain a statement of all the reasons for such proposed
15-10 action.
15-11 Section 13.605. HEARING. (a) If the educational support
15-12 personnel desires a hearing after receiving notice of the proposed
15-13 action, the educational support personnel shall notify the board of
15-14 trustees in writing within 10 days after receiving the notice. The
15-15 hearing shall be held not less than forty-five days nor more than
15-16 sixty days after the board receives written notice from the
15-17 educational support personnel requesting a hearing, unless the
15-18 educational support personnel and the administration agree
15-19 otherwise. Such hearing shall be closed unless an open hearing is
15-20 requested by the educational support personnel.
15-21 (b) The hearing shall be conducted by an independent hearing
15-22 officer. The independent hearing officer shall be chosen from a
15-23 list of five individuals certified by the commissioner of
15-24 education. The State Board of education shall establish by rule
15-25 the criteria for certification. The individuals certified by the
16-1 commissioner of education shall not be current or former agents,
16-2 representatives, or employees of any school district, school
16-3 employee organization, or school board organization. Both the
16-4 administration and the educational support personnel shall have one
16-5 opportunity each to reject the entire list, and to receive another
16-6 list of five individuals certified by the commissioner. Both the
16-7 administration and the educational support personnel shall
16-8 alternately strike two individuals each from the list of five,
16-9 beginning with the administration. The individual remaining on the
16-10 list shall serve as the independent hearing officer.
16-11 (c) The Texas Rules of Civil Procedure and the Texas Rules
16-12 of Civil Evidence shall apply to the hearing and prehearing
16-13 process. The independent hearing officer shall have the power to
16-14 issue subpoenas for the attendance of witnesses and the production
16-15 of documents at depositions and the hearing, effective within the
16-16 State of Texas, and to swear witnesses. The hearing and any
16-17 depositions shall be held within the geographical boundaries of the
16-18 school district. The hearing shall be reported by a certified
16-19 court reporter.
16-20 (d) At the hearing, the administration shall have burden of
16-21 proof by a preponderance of the evidence. The independent hearing
16-22 officer shall make a written recommendation which shall include
16-23 findings of fact and conclusions of law. The independent hearing
16-24 officer's recommendation shall be issued within twenty days of the
16-25 close of the hearing.
17-1 Section 13.606. DECISION OF BOARD. (a) If the educational
17-2 support personnel fails to request a hearing, the board shall take
17-3 such action as it deems lawful and appropriate and shall notify the
17-4 educational support personnel in writing of that action within 15
17-5 days of the expiration of the 10-day period for requesting a
17-6 hearing.
17-7 (b) If the educational support personnel requests a hearing,
17-8 the board shall take such action as it deems lawful and appropriate
17-9 and shall notify the educational support personnel in writing of
17-10 that action within 15 days following the issuance of the
17-11 independent hearing officer's recommendation. The board shall make
17-12 its decision based on a review of the record and the recommendation
17-13 developed by the independent hearing officer, and on oral argument
17-14 before the board by the educational support personnel or his/her
17-15 representative and the administration's representative. The board
17-16 shall either accept or reject the independent hearing officer's
17-17 recommendation. The board may reject the recommendation only if it
17-18 is arbitrary, capricious, unlawful or not supported by substantial
17-19 evidence.
17-20 Section 13.607. APPEAL. (a) If the educational support
17-21 personnel is aggrieved by the decision of the board of trustees, he
17-22 may appeal to the State Commissioner of Education pursuant to
17-23 Section 11.13 of this code. The commissioner shall not hold a
17-24 hearing, but shall make his decision based on a review of the
17-25 record and the recommendation developed by the independent hearing
18-1 officer. The commissioner may affirm a board's decision which
18-2 rejected the independent hearing officer's recommendation only if
18-3 the recommendation was arbitrary, capricious, unlawful, or not
18-4 supported by substantial evidence. The commissioner may affirm a
18-5 board's decision which accepted the independent hearing officer's
18-6 recommendation only if the recommendation was not arbitrary,
18-7 capricious, unlawful, or unsupported by substantial evidence.
18-8 (b) If the commissioner reverses the decision of the board,
18-9 he shall order that the educational support personnel shall be
18-10 reinstated in his/her same capacity until the educational support
18-11 personnel's employment is lawfully terminated or until the
18-12 educational support personnel's capacity is lawfully changed, or he
18-13 shall order that the district pay the educational support personnel
18-14 one year of front pay in lieu of reinstatement. In addition, the
18-15 commissioner shall order the district to pay the educational
18-16 support personnel back pay for the period of time between the
18-17 effective date of the termination of employment or change in
18-18 capacity and the date of reinstatement.
18-19 (c) Either party may appeal the commissioner's decision to a
18-20 district court in Travis County.
18-21 Section 13.608. PROBATION. (a) The board of trustees of
18-22 any school district may provide by written policy for a
18-23 probationary period not to exceed the first year of continuous
18-24 employment in the district.
18-25 (b) The provisions of this subchapter shall not apply to the
19-1 termination of an educational support personnel's employment during
19-2 or at the end of such probationary period. The provisions of this
19-3 subchapter shall apply to a change in the capacity of an
19-4 educational support personnel during or at the end of such
19-5 probationary period.
19-6 SECTION 3. Chapter 13, Education Code, is amended by adding
19-7 Subchapter I, to read as follows:
19-8 SUBCHAPTER I. EMPLOYEE GRIEVANCE PROCEDURES
19-9 Section 13.701. GRIEVANCE PROCEDURES FOR LOCAL SCHOOL
19-10 DISTRICTS. Each public school district in Texas shall adopt a
19-11 written board policy establishing a grievance procedure for
19-12 employees to present grievances concerning their wages, hours of
19-13 work, or conditions of work. The purpose of this grievance
19-14 procedure is to secure prompt and equitable resolution of employee
19-15 grievances at the lowest possible level.
19-16 Section 13.702. DISTRIBUTION OF GRIEVANCE PROCEDURE.
19-17 (a) The school district shall distribute a copy of the grievance
19-18 procedure to every employee at the beginning of every school year.
19-19 (b) Any employee who makes any written grievance, complaint,
19-20 rebuttal, or any other written statement contesting any school
19-21 district action or inaction to any administrator or board member
19-22 shall immediately be given a copy of the grievance procedure.
19-23 (c) No employee shall be required to meet any grievance
19-24 filing deadline of which he/she does not have actual notice.
19-25 Section 13.703. PRESENTMENT AND RESPONSE. (a) The
20-1 grievance procedure shall provide for the presentment of the
20-2 grievance at one or more administrative levels and to the board of
20-3 trustees.
20-4 (b) The grievance procedure shall provide for reasonable
20-5 deadlines for the presentment of the grievance at each
20-6 administrative level.
20-7 (c) The grievance procedure shall provide for reasonable
20-8 deadlines for a response in kind at each administrative level. The
20-9 grievance shall be deemed denied at each level at the expiration of
20-10 such deadline if there has not been a timely response in kind,
20-11 unless such deadline has been extended in writing by mutual
20-12 agreement.
20-13 (d) The employee shall be given reasonable advance notice of
20-14 his/her opportunity for presentment to the board and of the board's
20-15 consideration of the grievance.
20-16 (e) The grievance procedure shall provide for reasonable
20-17 presentment of the grievance to the board of trustees by the
20-18 employee of at least one-half hour. The grievance procedure shall
20-19 provide the employee an opportunity to present witnesses,
20-20 documents, and/or argument in support of his/her grievance during
20-21 that time. In addition, the employee shall have the right to
20-22 cross-examine witnesses against the grievance, and to respond to
20-23 documents and argument against the grievance, beyond that time.
20-24 (f) The board shall respond to the grievance by either
20-25 granting or denying each remedy requested by the employee.
21-1 Section 13.704. REPRESENTATION. The employee may be
21-2 represented at every level of the grievance procedure by a
21-3 representative of his/her choice.
21-4 Section 13.705. GROUP GRIEVANCES. Employees who are
21-5 similarly situated may present a group grievance. The names of the
21-6 grieving employees may be stated in the grievance, or the
21-7 characteristics of the group may be described.
21-8 Section 13.706. RETALIATION PROHIBITED. No retaliatory
21-9 action of any kind shall be taken by the board, a board member, or
21-10 any administrator against an employee because of his/her
21-11 participation in the grievance procedure as a grievant or
21-12 otherwise.
21-13 Section 13.707. EXCLUSIONS. The grievance procedure may
21-14 exclude matters covered by other board policies only if those other
21-15 policies meet the requirements of this subchapter, including the
21-16 provisions of Section 13.702.
21-17 Section 13.708. DEFINITIONS. (a) "Employee" means an
21-18 individual employed by the school district at the time of the
21-19 action grieved, including an employee who grieves the termination
21-20 of his/her employment.
21-21 (b) "Wages, hours of work, or conditions of work" means any
21-22 aspect of the employment relationship, including but not limited to
21-23 assignment, reassignment, salary, wages, evaluations, and
21-24 discharge, but not including those matters to which chapter 13,
21-25 subchapter C, chapter 13, subchapter H, and chapter 21, subchapter
22-1 G of this code apply.
22-2 SECTION 4. Subchapter G, Chapter 21, Education Code, is
22-3 amended to read as follows:
22-4 SUBCHAPTER G. TEACHERS' EMPLOYMENT CONTRACTS
22-5 Section 21.201. DEFINITIONS. As used in this subchapter,
22-6 the following terms shall have the meaning ascribed to them in this
22-7 section:
22-8 (1) "Teacher" means a superintendent, principal,
22-9 supervisor, classroom teacher, counselor, or other full-time
22-10 professional employee, except para-professional personnel, who is
22-11 required to hold a valid certificate or teaching permit.
22-12 (2) "Board" and "board of trustees" means the
22-13 governing board of a public school district.
22-14 (3) "School district" means any public school district
22-15 in this state.
22-16 (4) "Term contract" means any contract of employment
22-17 for a fixed term between the school district and a teacher.
22-18 (5) "Same professional capacity" means a position,
22-19 including supervision of extracurricular activities, which is
22-20 substantially equal in duties, responsibility, authority,
22-21 certification, endorsement, education, and remuneration.
22-22 (6) "Independent hearing officer" means an individual
22-23 who shall conduct the hearing.
22-24 Section 21.202. TEACHER EVALUATIONS. The board of trustees
22-25 of each school district shall provide by written policy for the
23-1 periodic written evaluation of each teacher in its employ at annual
23-2 or more frequent intervals. Such evaluation shall be considered by
23-3 the independent hearing officer and the board of trustees prior to
23-4 any decision by the board not to renew the term contract of any
23-5 teacher, to terminate the term contract of any teacher during the
23-6 term of the contract, or to change the professional capacity of any
23-7 teacher.
23-8 Section 21.203. NONRENEWAL OR TERMINATION OF TERM CONTRACTS;
23-9 CHANGE OF PROFESSIONAL CAPACITY. (a) The board of trustees of
23-10 each school district may choose not to renew the employment of any
23-11 teacher employed under a term contract effective at the end of the
23-12 contract period, to terminate the term contract of any teacher
23-13 during the term of the contract, or to change the professional
23-14 capacity of any teacher.
23-15 (b) <The board of trustees of each school district shall
23-16 establish policies consistent with this subchapter which shall
23-17 establish reasons for nonrenewal.> A board of trustees may not
23-18 nonrenew the term contract of any teacher, terminate the term
23-19 contract of any teacher during the term of the contract, nor change
23-20 the professional capacity of any teacher except for just cause.
23-21 <Reasons> Just cause for nonrenewal <must> shall include the
23-22 failure of a person required to take an examination under Section
23-23 13.047 of this code to perform satisfactorily on at least one
23-24 examination under that section <on or before June 30, 1986>.
23-25 (c) The board of trustees of each school district shall
24-1 establish policies and procedures for receiving recommendations
24-2 from its school administration for the nonrenewal of teacher term
24-3 contracts, the termination of teacher term contracts during the
24-4 term of the contract, and for the change of teachers' professional
24-5 capacity, excepting only the general superintendent of schools.
24-6 Section 21.204. NOTICE. (a) In the event the board of
24-7 trustees receives a recommendation from its administration for
24-8 nonrenewal, the board, after consideration of the written
24-9 evaluations required by Section 21.202 of this subchapter and the
24-10 reasons for the recommendation, shall, in its sole discretion,
24-11 either reject the recommendation or shall give the teacher written
24-12 notice of the proposed nonrenewal on or before April 1 preceding
24-13 the end of the employment term fixed in the contract.
24-14 (b) In the event of failure to give such notice of proposed
24-15 nonrenewal within the time herein specified, the board of trustees
24-16 shall thereby elect to employ such employee in the same
24-17 professional capacity <for the succeeding school year> until the
24-18 teacher is lawfully discharged or until the teacher's professional
24-19 capacity is lawfully changed.
24-20 (c) In the event the board of trustees receives a
24-21 recommendation from its administration for the termination of a
24-22 teacher's term contract during the term of the contract, or for a
24-23 change in a teacher's professional capacity, the board, after
24-24 consideration of the written evaluations required by Section 21.202
24-25 of this subchapter and the reasons for the recommendation, shall,
25-1 in its sole discretion, either reject the recommendation or shall
25-2 give the teacher written notice of the proposed action.
25-3 <c> (d) The notice of proposed <nonrenewal> action required
25-4 in this section shall contain a statement of all the reasons for
25-5 such proposed action.
25-6 Section 21.205. HEARING. (a) If the teacher desires a
25-7 hearing after receiving notice of the proposed <nonrenewal> action,
25-8 the teacher shall notify the board of trustees in writing within 10
25-9 days after receiving the notice <of nonrenewal.> <The board shall
25-10 provide for a> The hearing <to> shall be held <within 15> not lessĒ
25-11 than forty-five days nor more than sixty days after <receiving> the
25-12 board receives written notice from the teacher requesting a
25-13 hearing, unless the teacher and the administration agree otherwise.
25-14 Such hearing shall be closed unless an open hearing is requested by
25-15 the employee.
25-16 (b) <The hearing shall be conducted in accordance with rules
25-17 promulgated by the district. The board of trustees may designate a
25-18 person to serve as an impartial hearing officer to develop a record
25-19 for consideration by the board. The board shall make its decision
25-20 based on a review of the record developed by the impartial hearing
25-21 officer and on oral argument before the board of the teacher or the
25-22 teacher's representative and the district's representative.> The
25-23 hearing shall be conducted by an independent hearing officer. The
25-24 independent hearing officer shall be chosen from a list of five
25-25 individuals certified by the commissioner of education. The State
26-1 Board of Education shall establish by rule the criteria for
26-2 certification. The individuals certified by the commissioner of
26-3 education shall not be current or former agents, representatives,
26-4 or employees of any school district, school employee organization,
26-5 or school board organization. Both the administration and the
26-6 teacher shall have one opportunity each to reject the entire list,
26-7 and to receive another list of five individuals certified by the
26-8 commissioner. Both the administration and the teacher shall
26-9 alternately strike two individuals each from the list of five,
26-10 beginning with the administration. The individual remaining on the
26-11 list shall serve as the independent hearing officer.
26-12 (c) The Texas Rules of Civil Procedure and the Texas Rules
26-13 of Civil Evidence shall apply to the hearing and prehearing
26-14 process. The independent hearing officer shall have the power to
26-15 issue subpoenas for the attendance of witnesses and the production
26-16 of documents at depositions and the hearing, effective within the
26-17 State of Texas, and to swear witnesses. The hearing and any
26-18 depositions shall be held within the geographical boundaries of the
26-19 school district. The hearing shall be reported by a certified
26-20 court reporter.
26-21 (d) At the hearing, the administration shall have the burden
26-22 of proof by a preponderance of the evidence. The independent
26-23 hearing officer shall make a written recommendation which shall
26-24 include findings of fact and conclusions of law. The independent
26-25 hearing officer's recommendation shall be issued within twenty days
27-1 of the close of the hearing.
27-2 Section 21.206. DECISION OF BOARD. (a) If the teacher
27-3 fails to request a hearing, the board shall take such action as it
27-4 deems lawful and appropriate and shall notify the employee in
27-5 writing of that action within 15 days of the expiration of the
27-6 10-day period for requesting a hearing.
27-7 (b) If the teacher requests a hearing, the board shall take
27-8 such action as it deems lawful and appropriate and shall notify the
27-9 teacher in writing of that action within 15 days following the
27-10 <conclusion of the hearing> issuance of the independent hearing
27-11 officer's recommendation. The board shall make its decision based
27-12 on a review of the record and the recommendation developed by the
27-13 independent hearing officer, and on oral argument before the board
27-14 by the teacher or the teacher's representative and the
27-15 administration's representative. The board shall either accept or
27-16 reject the independent hearing officer's recommendation. The board
27-17 may reject the recommendation only if it is arbitrary, capricious,
27-18 unlawful or not supported by substantial evidence.
27-19 Section 21.207. APPEAL. (a) If the teacher is aggrieved by
27-20 the decision of the board of trustees, he may appeal to the State
27-21 Commissioner of Education pursuant to Section 11.13 of this code.
27-22 The commissioner shall not hold a hearing, but shall make his
27-23 decision based on a review of the record and the recommendation
27-24 developed by the independent hearing officer. The commissioner
27-25 <may not substitute his judgment for that of the board of trustees,
28-1 unless the decision below> may affirm a board's decision which
28-2 rejected the independent hearing officer's recommendation only if
28-3 the recommendation was arbitrary, capricious, unlawful, or not
28-4 supported by substantial evidence. The commissioner may affirm a
28-5 board's decision which accepted the independent hearing officer's
28-6 recommendation only if the recommendation was not arbitrary,
28-7 capricious, unlawful, or unsupported by substantial evidence.
28-8 (b) If the commissioner reverses the decision of the board,
28-9 he shall order that the teacher shall be reinstated in his/her same
28-10 professional capacity until the teacher is lawfully discharged or
28-11 until the teacher's professional capacity is lawfully changed, or
28-12 he shall order that the district pay the teacher one year of front
28-13 pay in lieu of reinstatement. In addition, the commissioner shall
28-14 order the district to pay the teacher back pay for the period of
28-15 time between the effective date of the nonrenewal, termination, or
28-16 change in professional capacity and the date of reinstatement.
28-17 <(b)> (c) Either party may appeal the commissioner's
28-18 decision to a district court in Travis County.
28-19 Section 21.208. SUPERINTENDENTS. If a majority of the board
28-20 of trustees of any school district shall determine that the term
28-21 contract of the general superintendent of schools should be
28-22 considered for nonrenewal, the provisions of this subchapter shall
28-23 apply, except that there need not be a recommendation from the
28-24 designated school administration.
28-25 Section 21.209. PROBATION. (a) The board of trustees of
29-1 any school district may provide by written policy for a
29-2 probationary period not to exceed the first two years of continuous
29-3 employment in the district, except that the probationary period
29-4 shall not exceed one year for a person who has been employed as a
29-5 teacher in public education for at least five of the eight years
29-6 prior to initial employment in the district. <The provisions of
29-7 this subchapter shall not apply during such probationary period.>
29-8 (b) <A teacher dismissed for good cause from the school
29-9 district in which the teacher was most recently employed may agree
29-10 by written contract to a probationary period for the first two
29-11 years of continuous employment.> The provisions of this subchapter
29-12 shall not apply to the nonrenewal of a teacher's term contract
29-13 during or at the end of such probationary period. The provisions
29-14 of this subchapter shall apply to the termination of a teacher's
29-15 term contract during the term of the contract, and to a change in
29-16 the professional capacity of a teacher, during or at the end of
29-17 such probationary period.
29-18 <Section 21.210. DISCHARGE FOR CAUSE. Nothing in this
29-19 subchapter shall prohibit a board of trustees from discharging a
29-20 teacher for cause during the term of the contract.>
29-21 <Section 21.211> Section 21.210. EXEMPTIONS. This
29-22 subchapter does not apply to teachers who are employed under the
29-23 provisions of the probationary or continuing contract law as set
29-24 out in Subchapter C of Chapter 13 of this code.
29-25 SECTION 5. The importance of this legislation and the
30-1 crowded condition of the calendars in both houses create an
30-2 emergency and an imperative public necessity that the
30-3 constitutional rule requiring bills to be read on three several
30-4 days in each house be suspended, and this rule is hereby suspended.