C.S.H.B. 1254 78(R)    BILL ANALYSIS


C.S.H.B. 1254
By: Crownover
Public Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
     
Independent hearing examiners under Subchapter F, Education Code, have
broad authority on making a determination of whether "good cause" exists
for termination of a teacher's employment contract.  Some hearing
examiners make findings that directly contradict a policy adopted by the
local school board.  


PURPOSE

C.S.H.B. 1254 amends Subchapter F, Education Code, to provide, as in
Subchapter E, that in making a determination concerning  whether "good
cause" exists for termination, the hearing examiner must consider the
local school board's policy. 


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. 1254 amends the Education Code by requiring a hearing examiner,
when making a determination concerning whether good cause exists for
termination of a teacher's employment contract, to consider any local
school board policy consistent with the chapter on educators (Chapter 21,
Education Code) concerning good cause for termination. 

These provisions apply only to hearings under Subchapter F, Chapter 21,
Education Code, beginning on or after September 1, 2003. 


EFFECTIVE DATE

September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1254 modifies the original  by requiring a hearing examiner when
making a determination, rather than a finding of fact, concerning whether
good cause exists for termination of a teacher's employment contract, to
consider any local school board policy consistent with the chapter on
educators (Chapter 21, Education Code) concerning good cause for
termination. C.S.H.B. 1254 modifies the original by deleting provisions
that authorize the local school board or board subcommittee to reject or
change a hearing examiner's finding of fact.