By: Barrientos S.B. No. 1730
97S0588/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to due process for certain educational support personnel.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 22, Education Code, is amended by adding
1-4 Subchapter D to read as follows:
1-5 SUBCHAPTER D. EDUCATIONAL SUPPORT PERSONNEL
1-6 Sec. 22.101. DEFINITIONS. In this subchapter:
1-7 (1) "Board" or "board of trustees" means the governing
1-8 board of a public school district.
1-9 (2) "Educational support employee" or "employee" means
1-10 an employee of a school district who does not fall within the
1-11 definition of "teacher" in Section 21.201. The terms include but
1-12 are not limited to bus drivers, custodians, food service employees,
1-13 maintenance employees, security personnel, educational aides,
1-14 educational secretaries, and paraprofessionals.
1-15 (3) "School district" or "district" means any public
1-16 school district in this state.
1-17 (4) "Party" or "parties" means the administration of a
1-18 school district and an educational support employee.
1-19 Sec. 22.102. EVALUATIONS. The board of trustees of each
1-20 school district shall provide, by written board policy, for the
1-21 periodic written evaluation of the performance of each educational
1-22 support employee in its employ at annual or more frequent
1-23 intervals.
2-1 Sec. 22.103. RECOMMENDATION. Before the employment of any
2-2 educational support employee may be terminated, the superintendent
2-3 shall recommend such action in writing to the board of trustees.
2-4 Sec. 22.104. NOTICE. (a) In the event the board receives a
2-5 recommendation from the superintendent for the termination of the
2-6 employment of an educational support employee, the board, after
2-7 consideration of the written evaluation required by Section 21.502
2-8 and the reasons for the recommendation, shall, in its sole
2-9 discretion, either reject the recommendation or give the employee
2-10 written notice of the proposed termination.
2-11 (b) The notice of proposed termination shall contain a
2-12 statement of all the reasons for such action, including all
2-13 relevant dates and conduct of the employee.
2-14 Sec. 22.105. REQUEST FOR HEARING. If the employee desires
2-15 to protest the proposed termination, the employee must notify the
2-16 superintendent or board of trustees and the commissioner in writing
2-17 not later than the 15th day after the date the employee receives
2-18 the notice under Section 21.504.
2-19 Sec. 22.106. HEARING. (a) If the employee requests a
2-20 hearing under Section 21.505, the board shall hold a hearing and
2-21 render a decision not earlier than 30 days and not later than 75
2-22 days after receiving the employee's request for a hearing, unless
2-23 otherwise agreed by the parties. At the board's discretion, a
2-24 panel composed of three members of the board, in lieu of the full
2-25 board, may hold the hearing and render the board's decision. Once
3-1 the decision to use a three-member panel has been made, the full
3-2 board may not take the case away from the panel without the
3-3 employee's permission. A panel under this section shall be
3-4 composed of two board members selected by the employee and one
3-5 board member selected by the board.
3-6 (b) At the hearing, the administration has the burden of
3-7 proof to prove good cause for termination by a preponderance of the
3-8 evidence and shall present its case first. The employee may
3-9 present a rebuttal case. The administration and the employee may
3-10 examine and cross-examine witnesses and introduce other relevant
3-11 evidence.
3-12 (c) The hearing shall be moderated by a hearing examiner
3-13 appointed by the commissioner, who shall be assigned from the same
3-14 list of hearing examiners and in the same manner as the
3-15 commissioner assigns hearing examiners under Section 21.254. The
3-16 role of the hearing examiner is to schedule and recess the hearing,
3-17 with input from the parties and board; issue subpoenas, on a
3-18 showing of good cause by either party, for the attendance of
3-19 witnesses; administer oaths; rule on motions; rule on the
3-20 admissibility of evidence using the Texas Rules of Civil Evidence;
3-21 and maintain decorum. The hearing examiner may extend the 75-day
3-22 period provided in Subsection (a) for not more than 45 days on a
3-23 showing of good cause by either party.
3-24 (d) Without request, the administration shall provide the
3-25 employee with copies of every document and every item of physical
4-1 evidence the administration will use in its case at least 20 days
4-2 before the hearing. The employee may reasonably request other
4-3 relevant documents and the administration shall respond within 10
4-4 days. Without request, the administration shall provide the
4-5 employee with a list of witnesses the administration plans to call
4-6 in its case, together with a summary of their anticipated
4-7 testimony, at least 20 days before the hearing. Unless the parties
4-8 agree otherwise, neither party may take depositions or use other
4-9 means of discovery.
4-10 (e) The hearing shall be conducted in the same manner as a
4-11 trial in a district court of this state. A certified court
4-12 reporter must record the proceedings. The school district shall
4-13 bear the expense of the hearing examiner and court reporter.
4-14 (f) The parties may agree at any time to use a hearing
4-15 examiner of their choice, but the person must be a licensed
4-16 attorney in this state or a law professor at any school of law
4-17 accredited by the State Bar of Texas.
4-18 (g) The board or panel may not discuss or deliberate the
4-19 case until the evidence is closed. The employee may allow the
4-20 board to discuss and deliberate the case privately. The board or
4-21 panel must make a decision on the record within the period set
4-22 forth in this section.
4-23 Sec. 22.107. APPEALS. (a) The employee may appeal the
4-24 decision of the board to the commissioner, who shall render a de
4-25 novo decision based on the record of the proceedings before the
5-1 board or panel. The commissioner shall not take any new evidence
5-2 unless procedural irregularities that are not reflected in the
5-3 local record occurred at the hearing before the board or panel. The
5-4 appeal must be filed with the commissioner not later than 45 days
5-5 after the board or panel announces its decision on the record. The
5-6 school district must file its answer and the record of the local
5-7 proceedings with the commissioner not later than 30 days after the
5-8 district has been notified in writing of the appeal.
5-9 (b) The commissioner must render a written decision within
5-10 90 days after receiving the appeal.
5-11 (c) The employee may appeal the commissioner's decision in
5-12 the district court in the county in which the school district is
5-13 located or in Travis County by agreement of the parties. An appeal
5-14 must be filed not later than the 30th day after the employee
5-15 receives the commissioner's decision. The commissioner shall be
5-16 responsible for filing the record with the district court.
5-17 SECTION 2. This Act takes effect September 1, 1997.
5-18 SECTION 3. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.