75R13094 CAG-D
By Bivins S.B. No. 149
Substitute the following for S.B. No. 149:
By Cuellar C.S.S.B. No. 149
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to performance evaluation of tenured faculty at certain
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is
1-6 amended by adding Section 51.942 to read as follows:
1-7 Sec. 51.942. PERFORMANCE EVALUATION OF TENURED FACULTY. (a)
1-8 In this section:
1-9 (1) "Governing board" has the meaning assigned by
1-10 Section 61.003.
1-11 (2) "Institution of higher education" means a general
1-12 academic teaching institution, medical and dental unit, or other
1-13 agency of higher education, as those terms are defined by Section
1-14 61.003.
1-15 (b) Each governing board of an institution of higher
1-16 education shall adopt rules and procedures providing for a periodic
1-17 performance evaluation process for all faculty tenured at the
1-18 institution. The governing board may design its rules and
1-19 procedures to fit the institution's particular educational mission,
1-20 traditions, resources, and circumstances relevant to its character,
1-21 role and scope, in addition to other relevant factors determined by
1-22 the governing board in the rules adopted pursuant to this section.
1-23 The governing board shall seek advice and comment from the faculty
1-24 of the institution before adopting any rules pursuant to this
2-1 section. The advice and comment from the faculty on the
2-2 performance evaluation of tenured faculty shall be given the utmost
2-3 consideration by the governing board.
2-4 (c) In addition to any other provisions adopted by the
2-5 governing board, the rules shall include provisions providing that:
2-6 (1) each faculty member tenured at the institution be
2-7 subject to a comprehensive performance evaluation process conducted
2-8 no more often than once every year, but no less often than once
2-9 every six years, after the date the faculty member was granted
2-10 tenure or received an academic promotion at the institution;
2-11 (2) the evaluation be based on the professional
2-12 responsibilities of the faculty member, in teaching, research,
2-13 service, patient care, and administration, as published by the
2-14 governing board as a part of the rules adopted pursuant to this
2-15 section and conducted according to commonly accepted academic
2-16 procedures, including timely notice of the scope and manner of the
2-17 evaluation and the opportunity to provide documentation and to be
2-18 subject to review by faculty peers selected in a manner designed to
2-19 maximize objectivity and relevance;
2-20 (3) the process be directed toward the professional
2-21 development of the faculty member;
2-22 (4) the process incorporate commonly recognized
2-23 academic due process rights, including notice and an opportunity to
2-24 be heard, before a faculty member may be subject to disciplinary
2-25 action on the basis of an evaluation conducted pursuant to this
2-26 section; and
2-27 (5) a faculty member may not be subject to revocation
3-1 of tenure or another appropriate disciplinary measure unless
3-2 professional incompetency or other good cause is determined to be
3-3 present.
3-4 (d) A governing board shall implement procedures that allow
3-5 a faculty member subject to termination on such basis the
3-6 opportunity for referral of the matter to a nonbinding alternative
3-7 dispute resolution process as stated in Section 154.001, Civil
3-8 Practice and Remedies Code. If both parties agree, another type of
3-9 alternative dispute resolution method may be elected. All
3-10 proceedings for termination of tenured faculty on the basis of an
3-11 evaluation conducted pursuant to this section shall be only for
3-12 good cause and must be conducted in accordance with institutional
3-13 policy incorporating recognized academic due process rights,
3-14 including a list of specific charges and an opportunity for a
3-15 hearing before presentation to the governing board for final
3-16 decision. The governing board will provide written findings of
3-17 fact and conclusions of law to support any decision to terminate a
3-18 faculty member on the basis of evaluation pursuant to this section.
3-19 Any individual who is acceptable to the parties may serve as a
3-20 mediator, as long as that individual satisfies the minimum
3-21 standards and duties established in Section 154.052, Civil Practice
3-22 and Remedies Code.
3-23 (e) A governing board may not waive the evaluation process
3-24 for any faculty member granted tenure at an institution.
3-25 (f) Each governing board shall file a copy of the rules
3-26 adopted pursuant to this section, and any amendments to such rules,
3-27 with the Texas Higher Education Coordinating Board on or before
4-1 September 1 of each year.
4-2 SECTION 2. The rules adopted by a governing board of an
4-3 institution of higher education pursuant to the provisions of this
4-4 Act shall provide for the post-tenure evaluation not later than
4-5 January 1, 2004, of each faculty member tenured at the institution
4-6 as of the effective date of this Act.
4-7 SECTION 3. This Act takes effect January 1, 1998.
4-8 SECTION 4. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.