By: Bivins S.B. No. 207
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures in a teacher suspension or contract
1-3 termination hearing.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.253, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 21.253. REQUEST FOR HEARING. (a) A teacher must file
1-8 a written request for a hearing under this subchapter with the
1-9 commissioner not later than the 15th day after the date the teacher
1-10 receives written notice of the proposed action and must include
1-11 with the request a copy of the notice. The teacher must provide
1-12 the district with a copy of the request.
1-13 (b) The parties may agree in writing to extend by not more
1-14 than 10 days the deadline for requesting a hearing.
1-15 SECTION 2. Subsection (e), Section 21.254, Education Code,
1-16 is amended to read as follows:
1-17 (e) After the teacher receives the notice of the proposed
1-18 action, the parties by agreement may select a hearing examiner from
1-19 the list maintained by the commissioner under Subsection (a) or a
1-20 person who is not certified to serve as a hearing examiner. A
1-21 person who is not a certified hearing examiner may be selected only
1-22 if the person is [under this subsection must be] licensed to
1-23 practice law in this state. If the parties agree on a hearing
1-24 examiner [before the teacher files a request for hearing under
1-25 Section 21.253], the request for hearing under Section 21.253 shall
2-1 include the name of the hearing examiner selected. [If the parties
2-2 agree on a hearing examiner after the teacher files the request for
2-3 hearing, the teacher shall promptly notify the commissioner in
2-4 writing of the name of the hearing examiner.]
2-5 SECTION 3. Subchapter G, Chapter 21, Education Code, is
2-6 amended by adding Section 21.3041 to read as follows:
2-7 Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later
2-8 than the 20th day after the date the party or the party's attorney
2-9 receives notice of the commissioner's decision under Section
2-10 21.304, the party may file a motion for rehearing.
2-11 (b) A motion for rehearing is not required for a party to
2-12 appeal the commissioner's decision under Section 21.307.
2-13 (c) A motion for rehearing is overruled by operation of law
2-14 if the commissioner does not issue an order before the 45th day
2-15 after the date the party or the party's attorney receives notice of
2-16 the commissioner's decision.
2-17 SECTION 4. Subsection (b), Section 21.307, Education Code,
2-18 is amended to read as follows:
2-19 (b) An appeal under this section must be perfected not later
2-20 than the 30th day after:
2-21 (1) the date the party or the party's attorney
2-22 receives [received] notice of the commissioner's decision or the
2-23 date on which the decision of the board of trustees is [was]
2-24 affirmed by operation of law if the commissioner fails [failed] to
2-25 issue a decision within the required period; or
2-26 (2) if a motion for rehearing is filed under Section
3-1 21.3041, the date on which the motion is overruled by order of the
3-2 commissioner or by operation of law under Section 21.3041(c). [A
3-3 motion for rehearing is not required for the party to appeal.]
3-4 SECTION 5. This Act takes effect immediately if it receives
3-5 a vote of two-thirds of all the members elected to each house, as
3-6 provided by Section 39, Article III, Texas Constitution. If this
3-7 Act does not receive the vote necessary for immediate effect, this
3-8 Act takes effect September 1, 2001.