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.