By Grusendorf H.B. No. 2183
77R7016 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the suspension without pay of public school teachers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.104, Education Code, is amended by
1-5 amending Subsection (b) and adding Subsections (c) and (d) to read
1-6 as follows:
1-7 (b) A school district may suspend a teacher without pay for
1-8 a period of not more than 20 school days:
1-9 (1) for any action or decision by the teacher that:
1-10 (A) violates district policy;
1-11 (B) violates state or federal law; or
1-12 (C) conflicts with an official directive from a
1-13 supervisor or other authorized district official; or
1-14 (2) if the superintendent determines that the
1-15 suspension will serve the best interests of the district.
1-16 (c) Before suspending a teacher under Subsection (b), the
1-17 superintendent or the superintendent's designee must provide the
1-18 teacher with written notice of the grounds for the suspension. If
1-19 the teacher desires to respond, the teacher must provide a response
1-20 to the superintendent or the superintendent's designee, as
1-21 applicable, not later than the third business day after the date
1-22 the teacher receives the written notice. The teacher may appeal
1-23 the suspension to the board of trustees in the manner provided by
1-24 district policy for other employee complaints and grievances. The
2-1 decision of the board of trustees is final and may not be appealed.
2-2 (d) In lieu of discharge, a school district may suspend a
2-3 teacher without pay for good cause as specified by Subsection (a)
2-4 for a period of more than 20 school days, not to extend beyond the
2-5 end of the current school year.
2-6 SECTION 2. Section 21.156, Education Code, is amended by
2-7 amending Subsection (b) and adding Subsections (c) and (d) to read
2-8 as follows:
2-9 (b) A school district may suspend a teacher without pay for
2-10 a period of not more than 20 school days:
2-11 (1) for any action or decision by the teacher that:
2-12 (A) violates district policy;
2-13 (B) violates state or federal law; or
2-14 (C) conflicts with an official directive from a
2-15 supervisor or other authorized district official; or
2-16 (2) if the superintendent determines that the
2-17 suspension will serve the best interests of the district.
2-18 (c) Before suspending a teacher under Subsection (b), the
2-19 superintendent or the superintendent's designee must provide the
2-20 teacher with written notice of the grounds for the suspension. If
2-21 the teacher desires to respond, the teacher must provide a response
2-22 to the superintendent or the superintendent's designee, as
2-23 applicable, not later than the third business day after the date
2-24 the teacher receives the written notice. The teacher may appeal
2-25 the suspension to the board of trustees in the manner provided by
2-26 district policy for other employee complaints and grievances. The
2-27 decision of the board of trustees is final and may not be appealed.
3-1 (d) In lieu of discharge, a school district may suspend a
3-2 teacher without pay for good cause as specified by Subsection (a)
3-3 for a period of more than 20 school days, not to extend beyond the
3-4 end of the current school year.
3-5 SECTION 3. Section 21.158(a), Education Code, is amended to
3-6 read as follows:
3-7 (a) Before a teacher employed under a continuing contract
3-8 may be discharged, suspended without pay under Section 21.156(d),
3-9 or released because of a necessary reduction of personnel, the
3-10 board of trustees must notify the teacher in writing of the
3-11 proposed action and the grounds for the action.
3-12 SECTION 4. Section 21.159(a), Education Code, is amended to
3-13 read as follows:
3-14 (a) If the teacher desires to protest the proposed action
3-15 under Section 21.156(a) or (d) [21.156] or 21.157, the teacher must
3-16 notify the board of trustees in writing not later than the 10th day
3-17 after the date the teacher receives the notice under Section
3-18 21.158.
3-19 SECTION 5. Section 21.211, Education Code, is amended by
3-20 amending Subsections (b) and (c) and adding Subsections (d) and (e)
3-21 to read as follows:
3-22 (b) A school district may suspend a teacher, other than a
3-23 superintendent, without pay for a period of not more than 20 school
3-24 days:
3-25 (1) for any action or decision by the teacher that:
3-26 (A) violates district policy;
3-27 (B) violates state or federal law; or
4-1 (C) conflicts with an official directive from a
4-2 supervisor or other authorized district official; or
4-3 (2) if the superintendent determines that the
4-4 suspension will serve the best interests of the district.
4-5 (c) Before suspending a teacher under Subsection (b), the
4-6 superintendent or the superintendent's designee must provide the
4-7 teacher with written notice of the grounds for the suspension. If
4-8 the teacher desires to respond, the teacher must provide a response
4-9 to the superintendent or the superintendent's designee, as
4-10 applicable, not later than the third business day after the date
4-11 the teacher receives the written notice. The teacher may appeal
4-12 the suspension to the board of trustees in the manner provided by
4-13 district policy for other employee complaints and grievances. The
4-14 decision of the board of trustees is final and may not be appealed.
4-15 (d) For a good cause, as determined by the board, the board
4-16 of trustees may suspend a teacher, other than a superintendent,
4-17 without pay [for a period not to extend beyond the end of the
4-18 school year]:
4-19 (1) pending discharge of the teacher, for a period not
4-20 to extend beyond the end of the current school year; or
4-21 (2) in lieu of terminating the teacher, for a period
4-22 of more than 20 school days, not to extend beyond the end of the
4-23 current school year.
4-24 (e) [(c)] A teacher who is not discharged after being
4-25 suspended without pay pending discharge is entitled to back pay for
4-26 the period of suspension.
4-27 SECTION 6. Section 21.251, Education Code, is amended to read
5-1 as follows:
5-2 Sec. 21.251. APPLICABILITY. (a) This subchapter applies if
5-3 a teacher requests a hearing after receiving notice of the proposed
5-4 decision to:
5-5 (1) terminate the teacher's continuing contract at any
5-6 time;
5-7 (2) terminate the teacher's probationary or term
5-8 contract before the end of the contract period; or
5-9 (3) suspend the teacher without pay under Section
5-10 21.104(d), 21.156(d), or 21.211(d).
5-11 (b) This subchapter does not apply to:
5-12 (1) a decision to terminate a teacher's employment at
5-13 the end of a probationary contract; [or]
5-14 (2) a decision not to renew a teacher's term contract,
5-15 unless the board of trustees of the employing district has decided
5-16 to use the process prescribed by this subchapter for that purpose;
5-17 or
5-18 (3) a decision to suspend a teacher without pay under
5-19 Section 21.104(b), 21.156(b), or 21.211(b).
5-20 SECTION 7. This Act applies beginning with the 2001-2002
5-21 school year.
5-22 SECTION 8. This Act takes effect immediately if it receives a
5-23 vote of two-thirds of all the members elected to each house, as
5-24 provided by Section 39, Article III, Texas Constitution. If this
5-25 Act does not receive the vote necessary for immediate effect, this
5-26 Act takes effect September 1, 2001.