SRC-JRN C.S.S.B. 1359 75(R)   BILL ANALYSIS


Senate Research Center   C.S.S.B. 1359
By: West
Education
4-10-97
Committee Report (Substituted)


DIGEST 

Currently, the commissioner of education is required to appoint a hearing
officer to determine timeliness in matters relating to teachers requesting
a hearing regarding the teacher's proposed termination.  Because there may
be a lack of clarity in the law regarding the timeliness in which the
commissioner may rule on a teacher's hearing, some local school districts
may spend unnecessary fees in order for a teacher's case to receive a
hearing.  This bill sets forth provisions for the request of an
independent hearing examiner. 

PURPOSE

As proposed, C.S.S.B. 1359 sets forth provisions for the request of an
independent hearing examiner. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in
SECTION 1 (Section 21.253, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.253, Education Code, to require a copy of the
written notice of proposed action to be included with the written request
for appointment of an independent hearing examiner.  Requires the
commissioner of education (commissioner) to adopt rules for determining
whether a teacher is entitled to a hearing conducted under this
subchapter.  Provides that a jurisdictional determination by the
commissioner is appealable. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 21.253, Education Code, to require a copy of the written
notice of proposed action to be included with the written request for
appointment of an independent hearing examiner.  Requires the commissioner
to adopt rules for determining whether a teacher is entitled to a hearing
conducted under this subchapter.  Provides that a jurisdictional
determination by the commissioner is appealable.  Deletes a proposed
provision authorizing the commissioner to exercise final jurisdiction
involving disputes relating to timeliness of teacher appeals. 

SECTION 2.

Redesignates the emergency clause from proposed SECTION 3.  Deletes
proposed SECTION 2, providing that the Act applies beginning with the
1997-1998 school year.