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78R3522 BDH-D
By: Eissler H.B. No. 1022
A BILL TO BE ENTITLED
AN ACT
relating to employment status and contract entitlements of public
school educators who fail to obtain appropriate certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.0031 to read as follows:
Sec. 21.0031. FAILURE TO OBTAIN CERTIFICATION; CONTRACT
VOID. (a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) holds a certificate or permit issued by the State
Board for Educator Certification on a temporary or emergency basis;
and
(2) fails to obtain a certificate or permit required
by Section 21.003 appropriate for employment in the position
covered by the contract before the temporary or emergency
certificate or permit expires.
(b) On the date on which an employee's contract is void
under Subsection (a):
(1) a school district may:
(A) terminate the employee;
(B) suspend the employee with or without pay; or
(C) retain the employee on an at-will employment
basis at the employee's existing rate of pay or at a reduced rate;
and
(2) the employee is not entitled to the minimum salary
prescribed by Section 21.402.
(c) A school district's decision under Subsection (b) is not
subject to appeal under this chapter.
(d) This section does not affect the rights and remedies of
a party in an at-will employment relationship.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to a contract entered into by a school district and an
educator on or after that date.