SRC-JLB H.B. 1113 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1113
78R10739 CAS-DBy: Crownover (Zaffirini)
Education
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Currently, school districts seeking an alternative to discharging a
teacher employed under a continuing contract, or terminating or
nonrenewing a teacher employed under a term contract, have limited
options.  School districts may return the teacher to probationary contract
status, but only with the teacher's consent, and only when such consent is
given after the school district has provided prior written notice to the
teacher of its intent to otherwise discharge, terminate, or nonrenew.
H.B. 1113 creates a new option for school districts and teachers when
faced with returning a teacher to probationary status by agreement.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.106, Education Code, by amending Subsection
(b) and adding Subsection (d), as follows: 
 
(b)  Authorizes a teacher, except as provided by Subsection (d), to agree
to be returned to probationary contract status only after receiving
written notice that the board of trustees of the school district has
proposed discharge, termination, or nonrenewal. 
 
(d)  Authorizes a teacher to agree to be returned to probationary contract
status after receiving written notice of the superintendent's intent to
recommend discharge, termination, or nonrenewal.  Requires notice under
this subsection to inform the teacher of the school district's offer to
return the teacher to probationary contract status, the period during
which the teacher may consider the offer, and the teacher's right to seek
counsel.  Requires the school district to provide the teacher at least
three business days after the date the teacher receives notice under this
subsection to agree to be returned to probationary contract status.
Provides that this subsection does not require a superintendent to provide
notice of an intent to recommend discharge, termination, or nonrenewal. 
 
SECTION 2.  Effective date:  September 1, 2003.