By Pitts                                               H.B. No. 451
         76R2366 CAS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to termination of the employment of a public school
 1-3     teacher employed under a probationary contract.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 21.103, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 21.103.  PROBATIONARY CONTRACT:  TERMINATION.  (a)  The
 1-8     board of trustees of a school district may terminate the employment
 1-9     of a teacher employed under a probationary contract at the end of
1-10     the contract period if in the board's judgment the best interests
1-11     of the district will be served by terminating the employment.  The
1-12     board of trustees must give notice of its decision [intention] to
1-13     terminate the employment to the teacher not later than the 45th day
1-14     before the last day of instruction  required under the contract.
1-15     The board's decision is final and may not be appealed.
1-16           (b)  If the board of trustees fails to give the notice of its
1-17     decision [intention] to terminate the teacher's employment within
1-18     the  time prescribed by Subsection (a), the board must employ the
1-19     probationary teacher in the same capacity under:
1-20                 (1)  a probationary contract for the following school
1-21     year, if the teacher has been employed by the district under a
1-22     probationary contract for less than three consecutive school years;
1-23     or
1-24                 (2)  a continuing or term contract, according to
 2-1     district policy, if the teacher has been employed by the district
 2-2     under a probationary contract for three consecutive school years.
 2-3           SECTION 2.  This Act takes effect September 1, 1999.
 2-4           SECTION 3.  The importance of this legislation and the
 2-5     crowded condition of the calendars in both houses create an
 2-6     emergency and an imperative public necessity that the
 2-7     constitutional rule requiring bills to be read on three several
 2-8     days in each house be suspended, and this rule is hereby suspended.