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.