By Bailey H.B. No. 2624
77R6680 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to grievance procedures for noncontract employees of
1-3 school districts with an enrollment of at least 200,000 students.
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. GRIEVANCE PROCEDURES FOR
1-8 NONCONTRACT EMPLOYEES
1-9 Sec. 22.121. APPLICABILITY OF SUBCHAPTER. This subchapter
1-10 applies only to a school district that has an enrollment of at
1-11 least 200,000 students.
1-12 Sec. 22.122. DEFINITIONS. In this subchapter:
1-13 (1) "Employee" means an employee who is not employed
1-14 under a written contract.
1-15 (2) "Grievance" means a complaint by an employee
1-16 regarding wages, hours of employment, conditions of employment, or
1-17 any disciplinary action taken against the employee.
1-18 Sec. 22.123. ADOPTION OF STANDARDIZED GRIEVANCE PROCEDURE.
1-19 The board of trustees of a school district shall adopt a written
1-20 policy that provides for:
1-21 (1) the annual appointment of one or more school
1-22 district grievance resolution committees;
1-23 (2) reasonable leave with pay for:
1-24 (A) an employee to present a grievance; and
2-1 (B) a representative of the aggrieved employee
2-2 or a witness to attend a grievance proceeding; and
2-3 (3) other necessary procedures to permit the district
2-4 to effectively implement this subchapter.
2-5 Sec. 22.124. COMPLAINT. (a) An employee must file a written
2-6 complaint with the employee's supervisor not later than the 30th
2-7 day after the date the event occurs giving rise to a grievance.
2-8 (b) A supervisor who receives a complaint under Subsection
2-9 (a) shall meet with the employee to discuss the complaint not
2-10 later than the 10th day after the date the complaint was filed.
2-11 The supervisor shall provide the employee with a written response
2-12 to the complaint not later than the 10th day after the date of the
2-13 meeting.
2-14 (c) If the employee is not satisfied with the response made
2-15 under Subsection (b), the employee may file the written complaint
2-16 with the next level of management over the supervisor not later
2-17 than the 10th day after the date the employee receives a response
2-18 under Subsection (b). The procedures and deadlines imposed by
2-19 Subsection (b) apply to a complaint filed under this subsection.
2-20 (d) If the employee is not satisfied with the response made
2-21 under Subsection (c), the employee may file the written complaint
2-22 with each succeeding level of management up to the superintendent
2-23 of the district. The procedures and deadlines imposed by
2-24 Subsections (b) and (c) apply to each complaint filed under this
2-25 subsection.
2-26 (e) A meeting held under Subsection (b), (c), or (d) shall
2-27 be held at a time that is agreeable to all parties. If a meeting
3-1 is not held within the required 10-day period, an employee may file
3-2 the complaint with the next level of management.
3-3 (f) Any action taken with respect to a complaint filed under
3-4 this section shall be evidenced by a written document.
3-5 Sec. 22.125. HEARING BEFORE SCHOOL DISTRICT GRIEVANCE
3-6 COMMITTEE. (a) An employee who has filed a written complaint with
3-7 the superintendent under Section 22.124(d) may request a hearing
3-8 with the school district grievance resolution committee to review
3-9 the complaint. Not later than the 10th day after the date the
3-10 employee requests a hearing, the committee shall set a time and
3-11 place for the hearing and notify the employee.
3-12 (b) At the request of the employee, the hearing of the
3-13 committee shall be open to the public. The employee or the
3-14 district may call witnesses to appear at the hearing. All
3-15 testimony given at the hearing must be under oath, and hearsay
3-16 evidence is not admissible.
3-17 (c) The committee shall make an audio recording of the
3-18 hearing and provide the employee with a written transcript of the
3-19 hearing not later than the 30th day after the date the hearing
3-20 concludes.
3-21 Sec. 22.126. DECISION BY SCHOOL DISTRICT GRIEVANCE
3-22 COMMITTEE. (a) At the conclusion of a hearing conducted under
3-23 Section 22.125, the school district grievance committee shall:
3-24 (1) by majority vote make a decision on the matter;
3-25 and
3-26 (2) notify the employee of the committee's decision.
3-27 (b) The committee shall issue a written report discussing
4-1 the evidence in the case and the reasons for the decision.
4-2 Sec. 22.127. REPRESENTATION. An employee may be represented
4-3 by another person, including another employee, at any stage of a
4-4 proceeding under this subchapter.
4-5 Sec. 22.128. NOTICE TO EMPLOYEES. At least annually, a
4-6 school district shall provide each district employee with written
4-7 notice of the employee's rights under this subchapter. The notice
4-8 must include the name and telephone number of any union or other
4-9 group that represents school district employees.
4-10 SECTION 2. This Act applies only to a grievance by an
4-11 employee arising from an event that occurs on or after September 1,
4-12 2001. A grievance arising from an event that occurs before
4-13 September 1, 2001, is governed by the law in effect when the
4-14 grievance occurred, and the former law is continued in effect for
4-15 that purpose.
4-16 SECTION 3. This Act takes effect September 1, 2001.