By Bailey H.B. No. 2059
77R6929 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the termination of employment of certain public school
1-3 district employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 22, Education Code, is
1-6 amended by adding Section 22.007 to read as follows:
1-7 Sec. 22.007. TERMINATION OF EMPLOYMENT OF EDUCATIONAL
1-8 SUPPORT EMPLOYEE. (a) In this section:
1-9 (1) "Educational support employee" means an employee
1-10 of a school district who is not entitled under Section 21.002 to be
1-11 employed under a contract.
1-12 (2) "Superintendent" includes a designee of the
1-13 superintendent who is a school district administrator and a
1-14 superior to the person proposing the termination of the employment
1-15 of the educational support employee.
1-16 (b) The board of trustees of a school district shall adopt a
1-17 written employment policy consistent with this section for
1-18 educational support employees. The policy must:
1-19 (1) provide for a probationary period of employment of
1-20 not more than 135 days for educational support employees employed
1-21 by the school district for the first time;
1-22 (2) provide for a written evaluation, not less than
1-23 annually, of the performance of each educational support employee
1-24 in the district;
2-1 (3) specify the grounds on which the employment of a
2-2 nonprobationary educational support employee may be terminated; and
2-3 (4) specify the required procedure for termination of
2-4 the employment of a nonprobationary educational support employee.
2-5 (c) A person who proposes to terminate the employment of a
2-6 nonprobationary educational support employee must present the
2-7 employee with written notice that includes a statement of the
2-8 grounds for the proposed termination and any other material facts
2-9 related to the proposed termination.
2-10 (d) The superintendent must review the grounds for the
2-11 proposed termination and any other material facts related to the
2-12 proposed termination and, on timely written request of the
2-13 educational support employee, must conduct a termination review
2-14 proceeding that allows the employee to respond to the proposed
2-15 termination orally and in writing.
2-16 (e) A termination review proceeding under Subsection (d)
2-17 must include an audible electronic recording or written transcript
2-18 of all oral testimony or argument.
2-19 (f) This section does not limit any rights granted to an
2-20 educational support employee under a policy adopted by the board of
2-21 trustees of a school district.
2-22 SECTION 2. This Act applies beginning with the 2001-2002
2-23 school year.
2-24 SECTION 3. This Act takes effect immediately if it receives
2-25 a vote of two-thirds of all the members elected to each house, as
2-26 provided by Section 39, Article III, Texas Constitution. If this
2-27 Act does not receive the vote necessary for immediate effect, this
3-1 Act takes effect September 1, 2001.