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.