C.S.H.B. 1113 78(R)    BILL ANALYSIS


C.S.H.B. 1113
By: Crownover
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, 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. They may
return the teacher to probationary contract status, but only with the
teacher's consent, and only when such consent is given after the district
has provided prior written notice to the teacher of their intent to
otherwise discharge, terminate, or nonrenew.  


PURPOSE

C.S.H.B. 1113 creates a less arduous option for school districts and
teachers when faced with returning a teacher to probationary status by
agreement.   


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. 1113 amends the Education Code by providing that a teacher may
agree to return to probationary contract status only after receiving
written notice that the board of trustees of the school district  has
proposed discharge, termination, or nonrenewal, except as provided by
Subsection (d). The bill adds Subsection (d) which provides that a teacher
may agree to return to probationary contract status only after receiving
written notice of the superintendent's intent to recommend discharge,
termination, or nonrenewal. The bill sets forth requirements relating to
the notice including, the number of days a district must provide the
teacher to make his/her decision, the teacher's right to seek counsel, and
that a teacher must be  provided at least three business days after
receiving notice to agree to be returned to a probationary contract. The
bill does not require a superintendent to provide notice of an intent to
recommend discharge, termination, or nonrenewal.  


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1113 modifies the original by removing provisions relating to a
written agreement between the teacher and board of trustees of the
district when returning a teacher to probationary status. C.S.H.B. 1113
modifies the original by providing that a teacher may agree to return to
probationary contract status only after receiving written notice that the
board of trustees of the school district  has proposed discharge,
termination, or nonrenewal, except as provided in Subsection (d).
C.S.H.B. 1113 modifies the original by adding Subsection (d) which sets
forth requirements relating to notice of discharge, termination, or
nonrenewal.