By Pitts H.B. No. 574
76R3404 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspension of public school teachers without pay.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.104, Education Code, is amended by
1-5 amending Subsection (b) and adding Subsections (c) and (d) to read
1-6 as follows:
1-7 (b) In lieu of discharge, a school district may suspend a
1-8 teacher without pay for good cause as specified by Subsection (a)
1-9 for a period of more than 15 school days, not to extend beyond the
1-10 end of the current school year.
1-11 (c) A school district may suspend a teacher without pay for
1-12 a period of not more than 15 school days for any action or decision
1-13 that:
1-14 (1) violates district policy;
1-15 (2) violates state or federal law;
1-16 (3) conflicts with an official directive from the
1-17 district; or
1-18 (4) conflicts with sound educational practice and is
1-19 detrimental to a district objective or goal.
1-20 (d) Before suspending a teacher under Subsection (c), the
1-21 superintendent or the superintendent's designee must provide the
1-22 teacher with written notice of the grounds for the suspension and a
1-23 reasonable opportunity to respond. The teacher may appeal a
1-24 suspension by the superintendent or the superintendent's designee
2-1 to the board of trustees in the same manner provided by district
2-2 policy for other employee complaints and grievances. The decision
2-3 of the board of trustees is final and may not be appealed. The
2-4 teacher may be represented in proceedings under this subsection by
2-5 a person chosen by the teacher.
2-6 SECTION 2. Section 21.156, Education Code, is amended by
2-7 amending Subsection (b) and adding Subsections (c) and (d) to read
2-8 as follows:
2-9 (b) In lieu of discharge, a school district may suspend a
2-10 teacher without pay for good cause as specified by Subsection (a)
2-11 for a period of more than 15 school days, not to extend beyond the
2-12 end of the current school year.
2-13 (c) A school district may suspend a teacher without pay for
2-14 a period of not more than 15 school days for any action or decision
2-15 that:
2-16 (1) violates district policy;
2-17 (2) violates state or federal law;
2-18 (3) conflicts with an official directive from the
2-19 district; or
2-20 (4) conflicts with sound educational practice and is
2-21 detrimental to a district objective or goal.
2-22 (d) Before suspending a teacher under Subsection (c), the
2-23 superintendent or the superintendent's designee must provide the
2-24 teacher with written notice of the grounds for the suspension and a
2-25 reasonable opportunity to respond. The teacher may appeal a
2-26 suspension by the superintendent or the superintendent's designee
2-27 to the board of trustees in the same manner provided by district
3-1 policy for other employee complaints and grievances. The decision
3-2 of the board of trustees is final and may not be appealed. The
3-3 teacher may be represented in proceedings under this subsection by
3-4 a person chosen by the teacher.
3-5 SECTION 3. Section 21.159(a), Education Code, is amended to
3-6 read as follows:
3-7 (a) If the teacher desires to protest the proposed action
3-8 under Section 21.156(a) or (b) or 21.157, the teacher must notify
3-9 the board of trustees in writing not later than the 10th day after
3-10 the date the teacher receives the notice under Section 21.158.
3-11 SECTION 4. Section 21.211, Education Code, is amended by
3-12 amending Subsection (b) and adding Subsections (d) and (e) to read
3-13 as follows:
3-14 (b) For a good cause, as determined by the board, the board
3-15 of trustees may suspend a teacher without pay for a period of more
3-16 than 15 school days, not to extend beyond the end of the school
3-17 year:
3-18 (1) pending discharge of the teacher; or
3-19 (2) in lieu of terminating the teacher.
3-20 (d) A school district may suspend a teacher without pay for
3-21 a period of not more than 15 school days for any action or decision
3-22 that:
3-23 (1) violates district policy;
3-24 (2) violates state or federal law;
3-25 (3) conflicts with an official directive from the
3-26 district; or
3-27 (4) conflicts with sound educational practice and is
4-1 detrimental to a district objective or goal.
4-2 (e) Before suspending a teacher under Subsection (d), the
4-3 superintendent or the superintendent's designee must provide the
4-4 teacher with written notice of the grounds for the suspension and a
4-5 reasonable opportunity to respond. The teacher may appeal a
4-6 suspension by the superintendent or the superintendent's designee
4-7 to the board of trustees in the same manner provided by district
4-8 policy for other employee complaints and grievances. The decision
4-9 of the board of trustees is final and may not be appealed. The
4-10 teacher may be represented in proceedings under this subsection by
4-11 a person chosen by the teacher.
4-12 SECTION 5. Section 21.251(a), Education Code, is amended to
4-13 read as follows:
4-14 (a) This subchapter applies if a teacher requests a hearing
4-15 after receiving notice of the proposed decision to:
4-16 (1) terminate the teacher's continuing contract at any
4-17 time;
4-18 (2) terminate the teacher's probationary or term
4-19 contract before the end of the contract period; or
4-20 (3) suspend the teacher without pay for more than 15
4-21 school days.
4-22 SECTION 6. This Act applies beginning with the 1999-2000
4-23 school year.
4-24 SECTION 7. The importance of this legislation and the
4-25 crowded condition of the calendars in both houses create an
4-26 emergency and an imperative public necessity that the
4-27 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended,
5-2 and that this Act take effect and be in force from and after its
5-3 passage, and it is so enacted.