C.S.H.B. 1022 78(R)    BILL ANALYSIS


C.S.H.B. 1022
By: Eissler
Public Education
Committee Report (Substituted)



BACKGROUND

Some educators who serve for at time under temporary, emergency, or
provisional certificates or permits issued by the State Board of Educator
Certification (SBEC) fail to meet the requirements to obtain full
certification. To terminate a contractual employee for lack of
certification, districts are compelled to provide expensive termination or
nonrenewal procedures, including the independent hearing examiner process.
The process of removing a teacher that lacks certification is imperative
in light of the emphasis on teacher credentials under the No Child Left
Behind Act. 


PURPOSE
 
C.S.H.B. 1022 provides that an educator's failure to acquire full
certification voids the educator's employment contract without any need
for a termination or nonrenewal hearing, effective on the date the
temporary certification or permit lapses. 


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

C.S.H.B. 1022 amends the Education Code, by providing that an employee's
probationary, continuing, or term contract is void if the employee does
not hold a valid certificate or permit issued by the State Board for
Educator Certification (Section 21.0031). 

The bill authorizes a school district to terminate, suspend with or
without pay, or retain such an employee on an at-will employment basis, in
a position other than a classroom teacher, at the existing or reduced rate
of pay and that such a decision by a school district is not subject to
appeal. The bill stipulates that the employee is not entitled to the
minimum salary prescribed by Section 21.402, Education Code. 

The bill provides that the section on failure to obtain certification does
not affect the rights and remedies of a party in an at-will employment
relationship. Sections 21.206 and 21.207, Education Code do not apply if
the board of trustees chooses to not renew a teacher's contract in
accordance with Section 21.0031. 

This Act applies only to a contract entered into by a school district and
an educator on or after September 1, 2003. 
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 1022 modifies the original version by stipulating that a school
district may retain  an educator, that  fails to acquire  full
certification, on an at-will employment basis, in a position other than a
classroom  teacher. C.S.H.B 1022 modifies the original version by
stipulating that provisions  relating to nonrenewal of contract (Section
21.206) and teacher hearings (Section 21.207) do not apply if the board of
trustees chooses to not renew a teacher's contract in accordance with
Section 21.0031. 


EFFECTIVE DATE

September 1, 2003.