78R2556 BDH-D

By:  Bailey                                                       H.B. No. 879



A BILL TO BE ENTITLED

AN ACT

relating to the termination of employment of certain public school 
district employees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter A, Chapter 22, Education Code, is 
amended by adding Section 22.008 to read as follows:
	Sec. 22.008.  EMPLOYMENT OF EDUCATIONAL SUPPORT EMPLOYEES. 
(a)  In this section:
		(1)  "Educational support employee" means an employee 
of a school district who is not entitled under Section 21.002 to be 
employed under a contract.
		(2)  "Superintendent" includes a designee of the 
superintendent who is:
			(A)  a school district administrator; and                             
			(B)  a superior to the person proposing the 
termination of the employment of the educational support employee.
	(b)  The board of trustees of a school district shall adopt a 
written employment policy consistent with this section for 
educational support employees.  The policy must:
		(1)  provide for a probationary period of employment of 
not more than 135 days for educational support employees employed 
by the school district for the first time;
		(2)  provide for a written evaluation, not less than 
annually, of the performance of each educational support employee 
in the district;
		(3)  specify the grounds on which the employment of a 
nonprobationary educational support employee may be terminated; 
and
		(4)  specify the required procedure for termination of 
the employment of a nonprobationary educational support employee.
	(c)  A person who proposes to terminate the employment of a 
nonprobationary educational support employee must present the 
employee with written notice that includes a statement of the 
grounds for the proposed termination and any other material facts 
related to the proposed termination.
	(d)  The superintendent must review the grounds for the 
proposed termination and any other material facts related to the 
proposed termination and, on timely written request of the 
educational support employee, must conduct a termination review 
proceeding that allows the employee to respond to the proposed 
termination orally and in writing.
	(e)  A termination review proceeding under Subsection (d) 
must include an audible electronic recording or written transcript 
of all oral testimony or argument.
	(f)  This section does not limit any rights granted to an 
educational support employee under a policy adopted by the board of 
trustees of a school district.
	SECTION 2.   This Act applies beginning with the 2003-2004 
school year.      
	SECTION 3.  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.