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.