H.B. 323 78(R)    BILL ANALYSIS


H.B. 323
By: Grusendorf
Public Education
Committee Report (Unamended)



BACKGROUND

Under current law, the suspension of a teacher requires the same lengthy
process as a contract termination. This process takes 90 days from notice
to the employee to final action by the board of trustees, and the school
district bears the cost of its own legal counsel, the hearing examiner,
the court reporter, and outside legal counsel to advise the district after
receiving the hearing examiner's recommendation.  The teacher is paid
during the pendency of the proceeding before the hearing examiner and the
local board, and the board's final decision is subject to appeal and
review by the commissioner of education. Currently, the only method of
discipline for misconduct of a teacher is either suspension until the end
of the year or discharge after a school board hearing. Present law does
not give superintendents the adequate flexibility in handling employment
issues involving teachers. 


PURPOSE 

The purpose of House Bill 323 is to give school districts more flexibility
in dealing with teacher misconduct and to establish procedures for
addressing actions of teachers that violate district policy, state, or
federal law while still including appropriate appellate procedures for
teachers. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 323 amends the Education Code to authorize a school district to
suspend a teacher without pay for a period of not more than 20 school days
if a teacher's action or decision violates district policy, state or
federal law, or  conflicts with an official directive from a supervisor or
other authorized district official. The bill also authorizes a school
district to suspend a teacher if the superintendent determines that the
suspension will serve the best interests of the district. 

The bill requires the superintendent or the superintendent's designee,
before suspending a teacher, to provide the teacher with written notice of
the grounds for the suspension. The bill provides that a teacher may
appeal a suspension to the board of trustees and that the decision of the
board of trustees is final and may not be appealed. 

These provisions apply beginning with the 2003-2004 school year.
  

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.