Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Stiles H.B. No. 3245
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to due process for education support personnel.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Texas Education Code, Chapter 21, is amended by
1-5 adding Subchapter K to read as follows:
1-6 SUBCHAPTER K. EDUCATIONAL SUPPORT PERSONNEL
1-7 Sec. 21.501. DEFINITIONS. As used in this subchapter, the
1-8 following terms shall have the meaning ascribed to them in this
1-9 section:
1-10 (a) "Board" and "board of trustees" means the governing
1-11 board of a public school district.
1-12 (b) "Educational support personnel" or "support personnel"
1-13 means a bus driver, custodian, food service employee, maintenance
1-14 employee, security personnel, educational aide, educational
1-15 secretary, paraprofessional and all other employees who do not fall
1-16 within the definition of "teacher" in Section 21.201 of this code.
1-17 (c) "School district" or "district" means any public school
1-18 district in this state.
1-19 (d) "Party" or "parties" means the administration of the
1-20 school district and the employee.
1-21 (e) "Commissioner" means the state commissioner of
1-22 education.
1-23 Sec. 21.502. EVALUATIONS. The board of trustees of each
1-24 school district shall provide by written board policy for the
2-1 periodic written evaluation of the performance of each educational
2-2 support personnel in its employ at annual or more frequent
2-3 intervals.
2-4 Sec. 21.503. RECOMMENDATION. Before the employment of any
2-5 educational support personnel may be terminated, the superintendent
2-6 shall recommend such action in writing to the board of trustees.
2-7 Sec. 21.504. NOTICE. (a) In the event the board receives a
2-8 recommendation from the superintendent for the termination of a
2-9 support personnel's employment, the board, after consideration of
2-10 the written evaluations required by Section 21.502 of this
2-11 subchapter and the reasons for the recommendation, shall, in its
2-12 sole discretion, either reject the recommendation or shall give the
2-13 support personnel written notice of proposed termination.
2-14 (b) The notice of proposed termination shall contain a
2-15 statement of all the reasons for such action, including all
2-16 relevant dates and conduct of the employee.
2-17 Sec. 21.505. REQUEST FOR HEARING. If the employee desires
2-18 to protest the proposed termination, the employee must notify the
2-19 superintendent or board of trustees, and the commissioner of
2-20 education in writing not later than the 15th day after the date the
2-21 employee received the notice under Section 21.504.
2-22 Sec. 21.506. HEARING. (a) If the employee requests a
2-23 hearing under Section 21.505, the board is required to hold such a
2-24 hearing and render a decision not less than 30 days and not more
2-25 than 75 days of receiving the employee's request for a hearing,
2-26 unless otherwise agreed by the parties. At the board's discretion,
2-27 a panel of three members of the board may hold the hearing and
2-28 render the board's decision, in place of the full board. The
2-29 employee shall get to select two members from the board to serve on
2-30 the panel, and the board shall select the remaining member. The
3-1 full board cannot take the case away from the panel without the
3-2 employee's permission.
3-3 (b) At the hearing, the administration has the burden of
3-4 proof by a preponderance of the evidence, and shall present its
3-5 case first. The employee may present a rebuttal case. The
3-6 administration and employee may examine and cross-examine
3-7 witnesses, and introduce other relevant evidence.
3-8 (c) The hearing shall be moderated by a hearing examiner
3-9 appointed by the commissioner, which shall be assigned from the
3-10 same list of hearing examiners and in the same manner as the
3-11 commissioner assigns hearing examiners under Section 21.254. The
3-12 role of the hearing examiner is to schedule and recess the hearing
3-13 with input from the parties and board, issue subpoenas upon a
3-14 showing of good cause by either party for the attendance of
3-15 witnesses, administer oaths, rule on motions, rule on the
3-16 admissibility of evidence using the Texas Rules of Civil Evidence,
3-17 and maintain decorum. The hearing examiner may extend the 75 day
3-18 timeline in Section 21.506(a) up to 45 days upon a showing of good
3-19 cause by either party.
3-20 (d) Without request, the administration shall provide the
3-21 employee with copies of every document and every item of physical
3-22 evidence it will use in its case at least 20 days before the
3-23 hearing. The employee may reasonably request other relevant
3-24 documents which the administration shall respond to within 10 days.
3-25 Without request, the administration shall provide the employee a
3-26 list of witnesses it plans to call in its case, together with a
3-27 summary of their anticipated testimony, at least 20 days before the
3-28 hearing. Neither party may take depositions or use other means of
3-29 discovery unless by agreement.
3-30 (e) The hearing shall be conducted in the same manner as a
4-1 trial in a district court of this state. A certified court
4-2 reporter must record the proceedings. The school district shall
4-3 bear the expense of the hearing examiner and court reporter.
4-4 (f) The parties may agree at any time to use a hearing
4-5 examiner of their choice, but such person must be a licensed
4-6 attorney in this state, or a law professor at any law school
4-7 accredited by the State Bar of Texas.
4-8 (g) The board or panel may not discuss or deliberate the
4-9 case until the evidence is closed. The employee may allow the
4-10 board to discuss and deliberate the case privately. The board or
4-11 three member panel must make a decision on the record within the
4-12 timelines set forth above.
4-13 Sec. 21.507. APPEALS. (a) The employee may appeal the
4-14 decision of the board to the commissioner of education who will
4-15 render a de novo decision based on the record of the proceedings
4-16 before the board or panel. The commissioner will not take any new
4-17 evidence unless procedural irregularities that are not reflected in
4-18 the local record occurred at the hearing before the board or panel.
4-19 Such an appeal must be filed with the commissioner not later than
4-20 45 days after the board or panel announces its decision on the
4-21 record. The school district must file its answer and the record of
4-22 local proceedings with the commissioner not later than 30 days
4-23 after it has been notified in writing of the appeal.
4-24 (b) The commissioner must render a written decision within
4-25 90 days of receiving the appeal.
4-26 (c) The employee may appeal the commissioner's decision into
4-27 the district court in the county in which the school district is
4-28 located, or in Travis County by agreement. Such an appeal must be
4-29 filed within 30 days of the employee receiving the commissioner's
4-30 decision. The commissioner shall be responsible for filing the
5-1 record with the district court.
5-2 SECTION 2. This Act takes effect September 1, 1997.
5-3 SECTION 3. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.