By Barrientos S.B. No. 592
74R1294 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dismissal of certain school employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-5 amended by adding Section 21.940 to read as follows:
1-6 Sec. 21.940. PROCEDURES FOR DISMISSAL OF EDUCATIONAL SUPPORT
1-7 EMPLOYEES. (a) In this section:
1-8 (1) "Educational support employee" means a full-time
1-9 or part-time school employee who is not a teacher as defined by
1-10 Section 21.201.
1-11 (2) "Board" means the governing board of a school
1-12 district.
1-13 (b) An educational support employee may not be dismissed
1-14 from employment unless the employee has received written notice of
1-15 the proposed dismissal and the opportunity for a hearing before the
1-16 board.
1-17 (c) An educational support employee may be dismissed only on
1-18 recommendation to the superintendent. A recommendation to the
1-19 superintendent for dismissal of an educational support employee
1-20 must be in writing, signed by the person making the recommendation,
1-21 and include a statement of the material facts involved in the
1-22 proposed dismissal. If the recommendation alleges misconduct, it
1-23 must include the date, time, place, names of witnesses, actions of
1-24 each individual involved, and a citation to the specific rule,
2-1 regulation, policy, or designated responsibility that was violated.
2-2 Before a recommendation to dismiss an educational support employee
2-3 may be submitted to the superintendent, a copy of the
2-4 recommendation must be provided to the employee, and the employee
2-5 must be given an opportunity to correct any deficiency in job
2-6 performance.
2-7 (d) The superintendent or a person designated by the
2-8 superintendent shall review the recommendation. If circumstances
2-9 warrant dismissal, the superintendent shall submit the
2-10 recommendation for dismissal to the board and shall notify the
2-11 employee.
2-12 (e) On the request of the employee, the board shall provide
2-13 a hearing on the proposed dismissal. If the employee desires a
2-14 hearing, the employee must notify the board in writing not later
2-15 than the 10th working day after the date on which the employee
2-16 receives notice of the proposed dismissal. The board shall provide
2-17 for a hearing to be held not later than the 15th working day after
2-18 the date on which the board receives the request for a hearing.
2-19 The hearing shall be closed unless the employee requests an open
2-20 hearing. The board shall conduct the hearing in accordance with
2-21 rules adopted by the board. At or following the conclusion of the
2-22 hearing, the board shall take action as it considers appropriate.
2-23 The board shall notify the employee in writing of the action not
2-24 later than the 15th working day after the date on which the hearing
2-25 concludes.
2-26 (f) If the employee does not request a hearing, the board
2-27 shall take action as it considers appropriate. The board shall
3-1 notify the employee in writing of the action not later than the
3-2 15th working day after the last date on which the employee may
3-3 request a hearing.
3-4 (g) If the employee is aggrieved by the decision of the
3-5 board, the employee may appeal to the commissioner of education
3-6 under Section 11.13. Either party may appeal the commissioner's
3-7 decision to a district court in Travis County.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.