78R3938 CAS-D

By:  Crownover                                                    H.B. No. 1112



A BILL TO BE ENTITLED

AN ACT

relating to returning a public school teacher to probationary 
contract status.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Sections 21.106(a) and (b), Education Code, are 
amended to read as follows:
	(a)  In lieu of discharging a teacher employed under a 
continuing contract, terminating a teacher employed under a term 
contract, or not renewing a teacher's term contract, a school 
district may[, with the written consent of the teacher,] return the 
teacher to probationary contract status:
		(1)  with the teacher's written consent if the teacher 
receives prior[.
	[(b)  A teacher may agree to be returned to probationary 
contract status only after receiving] written notice of the 
proposed discharge, termination, or nonrenewal; or
		(2)  without the teacher's written consent if, under 
the commissioner's recommended appraisal process adopted under 
Section 21.351:
			(A)  the teacher is designated as a "teacher in 
need of assistance," and the teacher's performance is evaluated as 
unsatisfactory in:
				(i)  achieving active, successful student 
participation in the learning process;
				(ii)  providing learner-centered 
instruction;                      
				(iii)  providing evaluation of student 
progress; or                
				(iv)  managing student discipline, 
instructional strategies, time, and materials; or
			(B)  the teacher is designated as a "teacher in 
need of assistance" for two consecutive school years.
	(b)  Probationary contract status under Subsection (a)(2)(A) 
begins the school year following the school year for which the 
teacher receives the appraisal as a "teacher in need of assistance" 
and is evaluated as unsatisfactory in a category specified by that 
subsection.  Probationary contract status under Subsection 
(a)(2)(B) begins the school year following the school year for 
which the teacher receives the second appraisal as a "teacher in 
need of assistance."
	SECTION 2.  Section 21.106(a)(2), Education Code, as added 
by this Act, applies only to an appraisal concerning public school 
teacher performance during the 2003-2004 school year or a later 
school year.
	SECTION  3.  This Act takes effect September 1, 2003.