AN ACT
1-1 relating to performance evaluation of tenured faculty at certain
1-2 institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-5 amended by adding Section 51.942 to read as follows:
1-6 Sec. 51.942. PERFORMANCE EVALUATION OF TENURED FACULTY.
1-7 (a) In this section:
1-8 (1) "Governing board" has the meaning assigned by
1-9 Section 61.003.
1-10 (2) "Institution of higher education" means a general
1-11 academic teaching institution, medical and dental unit, or other
1-12 agency of higher education, as those terms are defined by Section
1-13 61.003.
1-14 (3) "Neglect of duty" means continuing or repeated
1-15 substantial neglect of professional responsibilities.
1-16 (b) Each governing board of an institution of higher
1-17 education shall adopt rules and procedures providing for a periodic
1-18 performance evaluation process for all faculty tenured at the
1-19 institution. The governing board may design its rules and
1-20 procedures to fit the institution's particular educational mission,
1-21 traditions, resources, and circumstances relevant to its character,
1-22 role, and scope, in addition to other relevant factors determined
1-23 by the governing board in the rules adopted pursuant to this
2-1 section. The governing board shall seek advice and comment from
2-2 the faculty of the institution before adopting any rules pursuant
2-3 to this section. The advice and comment from the faculty on the
2-4 performance evaluation of tenured faculty shall be given the utmost
2-5 consideration by the governing board.
2-6 (c) In addition to any other provisions adopted by the
2-7 governing board, the rules shall include provisions providing that:
2-8 (1) each faculty member tenured at the institution be
2-9 subject to a comprehensive performance evaluation process conducted
2-10 no more often than once every year, but no less often than once
2-11 every six years, after the date the faculty member was granted
2-12 tenure or received an academic promotion at the institution;
2-13 (2) the evaluation be based on the professional
2-14 responsibilities of the faculty member, in teaching, research,
2-15 service, patient care, and administration, and include peer review
2-16 of the faculty member;
2-17 (3) the process be directed toward the professional
2-18 development of the faculty member;
2-19 (4) the process incorporate commonly recognized
2-20 academic due process rights, including notice of the manner and
2-21 scope of the evaluation, the opportunity to provide documentation
2-22 during the evaluation process, and, before a faculty member may be
2-23 subject to disciplinary action on the basis of an evaluation
2-24 conducted pursuant to this section, notice of specific charges and
2-25 an opportunity for hearing on those charges; and
3-1 (5) a faculty member be subject to revocation of
3-2 tenure or other appropriate disciplinary action if incompetency,
3-3 neglect of duty, or other good cause is determined to be present.
3-4 (d) A faculty member subject to termination on the basis of
3-5 an evaluation conducted pursuant to this section must be given the
3-6 opportunity for referral of the matter to a nonbinding alternative
3-7 dispute resolution process as described in Chapter 154, Civil
3-8 Practice and Remedies Code. If both parties agree, another type of
3-9 alternative dispute resolution method may be elected. The
3-10 governing board must give specific reasons in writing for any
3-11 decision to terminate a faculty member on the basis of an
3-12 evaluation conducted pursuant to this section.
3-13 (e) A governing board may not waive the evaluation process
3-14 for any faculty member granted tenure at an institution.
3-15 (f) A governing board may not award tenure to an
3-16 administrator in any way that varies from the institution's general
3-17 policy on the award of tenure.
3-18 (g) Each governing board shall file a copy of the rules
3-19 adopted pursuant to this section, and any amendments to such rules,
3-20 with the coordinating board on or before September 1 of each year.
3-21 SECTION 2. The rules adopted by a governing board of an
3-22 institution of higher education pursuant to the provisions of this
3-23 Act shall provide for the performance evaluation of tenured faculty
3-24 not later than January 1, 2004, of each faculty member tenured at
3-25 the institution as of the effective date of this Act.
S.B. No. 149
4-1 SECTION 3. This Act takes effect January 1, 1998.
4-2 SECTION 4. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 149 passed the Senate on
February 25, 1997, by a viva-voce vote; May 29, 1997, Senate
refused to concur in House amendments and requested appointment of
Conference Committee; May 30, 1997, House granted request of the
Senate; May 31, 1997, Senate adopted Conference Committee Report by
the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 149 passed the House, with
amendments, on May 27, 1997, by a non-record vote; May 30, 1997,
House granted request of the Senate for appointment of Conference
Committee; May 31, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor