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.