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.