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.