78R383 ESH-F
By: Grusendorf H.B. No. 323
A BILL TO BE ENTITLED
AN ACT
relating to the suspension without pay of public school teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.104, Education Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) A school district may suspend a teacher without pay for
a period of not more than 20 school days:
(1) for any action or decision by the teacher that:
(A) violates district policy;
(B) violates state or federal law; or
(C) conflicts with an official directive from a
supervisor or other authorized district official; or
(2) if the superintendent determines that the
suspension will serve the best interests of the district.
(c) Before suspending a teacher under Subsection (b), the
superintendent or the superintendent's designee must provide the
teacher with written notice of the grounds for the suspension. If
the teacher desires to respond, the teacher must provide a response
to the superintendent or the superintendent's designee, as
applicable, not later than the third business day after the date the
teacher receives the written notice. The teacher may appeal the
suspension to the board of trustees in the manner provided by
district policy for other employee complaints and grievances. The
decision of the board of trustees is final and may not be appealed.
(d) In lieu of discharge, a school district may suspend a
teacher without pay for good cause as specified by Subsection (a)
for a period of more than 20 school days, not to extend beyond the
end of the current school year.
SECTION 2. Section 21.156, Education Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) A school district may suspend a teacher without pay for
a period of not more than 20 school days:
(1) for any action or decision by the teacher that:
(A) violates district policy;
(B) violates state or federal law; or
(C) conflicts with an official directive from a
supervisor or other authorized district official; or
(2) if the superintendent determines that the
suspension will serve the best interests of the district.
(c) Before suspending a teacher under Subsection (b), the
superintendent or the superintendent's designee must provide the
teacher with written notice of the grounds for the suspension. If
the teacher desires to respond, the teacher must provide a response
to the superintendent or the superintendent's designee, as
applicable, not later than the third business day after the date the
teacher receives the written notice. The teacher may appeal the
suspension to the board of trustees in the manner provided by
district policy for other employee complaints and grievances. The
decision of the board of trustees is final and may not be appealed.
(d) In lieu of discharge, a school district may suspend a
teacher without pay for good cause as specified by Subsection (a)
for a period of more than 20 school days, not to extend beyond the
end of the current school year.
SECTION 3. Section 21.158(a), Education Code, is amended to
read as follows:
(a) Before a teacher employed under a continuing contract
may be discharged, suspended without pay under Section 21.156(d),
or released because of a necessary reduction of personnel, the
board of trustees must notify the teacher in writing of the proposed
action and the grounds for the action.
SECTION 4. Section 21.159(a), Education Code, is amended to
read as follows:
(a) If the teacher desires to protest the proposed action
under Section 21.156(a) or (d) [21.156] or 21.157, the teacher must
notify the board of trustees in writing not later than the 10th day
after the date the teacher receives the notice under Section
21.158.
SECTION 5. Section 21.211, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsections (d) and (e)
to read as follows:
(b) A school district may suspend a teacher, other than a
superintendent, without pay for a period of not more than 20 school
days:
(1) for any action or decision by the teacher that:
(A) violates district policy;
(B) violates state or federal law; or
(C) conflicts with an official directive from a
supervisor or other authorized district official; or
(2) if the superintendent determines that the
suspension will serve the best interests of the district.
(c) Before suspending a teacher under Subsection (b), the
superintendent or the superintendent's designee must provide the
teacher with written notice of the grounds for the suspension. If
the teacher desires to respond, the teacher must provide a response
to the superintendent or the superintendent's designee, as
applicable, not later than the third business day after the date the
teacher receives the written notice. The teacher may appeal the
suspension to the board of trustees in the manner provided by
district policy for other employee complaints and grievances. The
decision of the board of trustees is final and may not be appealed.
(d) For a good cause, as determined by the board, the board
of trustees may suspend a teacher, other than a superintendent,
without pay [for a period not to extend beyond the end of the school
year]:
(1) pending discharge of the teacher, for a period not
to extend beyond the end of the current school year; or
(2) in lieu of terminating the teacher, for a period of
more than 20 school days, not to extend beyond the end of the
current school year.
(e) [(c)] A teacher who is not discharged after being
suspended without pay pending discharge is entitled to back pay for
the period of suspension.
SECTION 6. Section 21.251, Education Code, is amended to
read as follows:
Sec. 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) terminate the teacher's continuing contract at any
time;
(2) terminate the teacher's probationary or term
contract before the end of the contract period; or
(3) suspend the teacher without pay under Section
21.104(d), 21.156(d), or 21.211(d).
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract; [or]
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose;
or
(3) a decision to suspend a teacher without pay under
Section 21.104(b), 21.156(b), or 21.211(b).
SECTION 7. This Act applies beginning with the 2003-2004
school year.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.