By Gallegos S.B. No. 714
76R5626 BDH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to evaluation and termination of certain public school
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Education Code, is amended by adding
1-6 Subchapter D to read as follows:
1-7 SUBCHAPTER D. SUPPORT EMPLOYEES
1-8 Sec. 22.101. DEFINITIONS. In this subchapter:
1-9 (1) "Board" means the board of trustees of a school
1-10 district.
1-11 (2) "Support employee" means an employee of a school
1-12 district who is not entitled under Section 21.002 to be employed
1-13 under a contract.
1-14 Sec. 22.102. ANNUAL EVALUATION. A board shall adopt rules
1-15 providing for an annual evaluation of the performance of each
1-16 support employee in the district.
1-17 Sec. 22.103. TERMINATION; NOTICE. (a) A school district
1-18 may not terminate or suspend a support employee without pay unless
1-19 the superintendent of the district recommends the action in writing
1-20 to the board. The board, after consideration of the
1-21 superintendent's recommendation and any performance evaluations of
1-22 the support employee conducted under Section 22.102, may reject or
1-23 accept the superintendent's recommendation.
1-24 (b) If the board proposes to accept the superintendent's
2-1 recommendation and terminate or suspend the support employee
2-2 without pay, the board shall:
2-3 (1) provide written notice to the support employee of
2-4 the proposed action and the grounds for the action; and
2-5 (2) provide a hearing to the support employee at the
2-6 request of the support employee.
2-7 Sec. 22.104. REQUEST FOR HEARING. A support employee who
2-8 wishes to protest a proposed action must file a written request for
2-9 a hearing under this subchapter with the board not later than the
2-10 15th day after the date the support employee receives written
2-11 notice of the proposed action.
2-12 Sec. 22.105. CONDUCT OF HEARING. (a) If a support employee
2-13 timely requests a hearing under this subchapter, the board must
2-14 hold a hearing and render a decision not earlier than the 31st day
2-15 and not later than the 61st day after the board receives the
2-16 support employee's request for a hearing.
2-17 (b) The hearing shall be conducted in the same manner as a
2-18 trial without jury in a district court in this state, and the
2-19 superintendent must show good cause for the termination or
2-20 suspension of the support employee without pay. The superintendent
2-21 has the burden of proof by a preponderance of the evidence.
2-22 (c) Not later than the 10th school day before the date of
2-23 the hearing, the superintendent shall provide to the support
2-24 employee:
2-25 (1) a list of proposed witnesses to be called at the
2-26 hearing;
2-27 (2) copies of all documents expected to be introduced
3-1 as exhibits at the hearing;
3-2 (3) a brief statement of the testimony expected to be
3-3 given by each witness to be called at the hearing; and
3-4 (4) any other relevant information reasonably
3-5 requested by the support employee.
3-6 (d) The board shall retain, at the board's expense, a court
3-7 reporter to make a record of a hearing under this subchapter. The
3-8 court reporter must meet the qualifications provided by law for
3-9 official court reporters.
3-10 (e) The board may not discuss or deliberate the subject
3-11 matter of a hearing under this subchapter until the presentation of
3-12 evidence at the hearing is concluded.
3-13 (f) A procedure specified in this section may be modified or
3-14 waived by written agreement of the support employee, the
3-15 superintendent, and the board.
3-16 SECTION 2. This Act applies beginning with the 1999-2000
3-17 school year.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.