HBA-MPM H.B. 2369 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2369
By: Bailey
Public Education
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not address the process by which an educational support
employee may be terminated from employment, nor does it allow provisions
for that employee.  H.B. 2369 requires the board of trustees of a school
district to adopt a written employment policy for educational support
employees which must outline certain provisions regarding probationary
periods of employment, written evaluation of a support employee, and
grounds and procedures for the employee's termination.  This bill further
sets forth certain procedures regarding the termination of an educational
support employee, as well as providing for review of a proposed termination
and requiring a recording or written transcript of all oral testimony or
argument of the review. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 22, Education Code, by adding
Section 22.006, as follows: 

Sec. 22.006. TERMINATION OF EDUCATIONAL SUPPORT EMPLOYEE.  (a) Defines
"educational support employee" and "superintendent" for purposes of this
section. 

(b)  Requires the board of trustees (board) of a school district (district)
to adopt a written employment policy consistent with this section for
educational support employees (support employee).  Provides that the policy
must outline certain provisions regarding probationary periods of
employment, written evaluation of a support employee, and grounds and
procedures for the employee's termination. 

(c) Provides that a person proposing to terminate the employment of a
nonprobationary support employee must present the employee with written
notice, including a statement of the grounds for the proposed termination
and any other material facts related to the proposed termination. 

(d)  Provides that the superintendent must review the grounds for the
proposed termination and any other material facts related to it and, on
timely written request of the support employee, must conduct a termination
review proceeding allowing the employee to respond to the proposed
termination orally and in writing. 

(e)  Provides that a termination review proceeding must include an audible
electronic recording or written transcript of all oral testimony or
argument. 

(f)  Provides that this section does not limit any rights granted to a
support employee under a policy adopted by the board. 

SECTION 2.  Makes this Act applicable beginning with the 1999-2000 school
year. 

 SECTION 3.Emergency clause.
  Effective date: upon passage.