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S.B. No. 893
AN ACT
relating to certain procedures in a teacher suspension or contract
termination hearing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.253, Education Code, is amended to
read as follows:
Sec. 21.253. REQUEST FOR HEARING. (a) A teacher must file
a written request for a hearing under this subchapter with the
commissioner not later than the 15th day after the date the teacher
receives written notice of the proposed action. The teacher must
provide the district with a copy of the request and must provide the
commissioner with a copy of the notice.
(b) The parties may agree in writing to extend by not more
than 10 days the deadline for requesting a hearing.
SECTION 2. Subsections (c), (d), and (e), Section 21.254,
Education Code, are amended to read as follows:
(c) If a hearing examiner is not selected by the parties to a
pending case under Subsection (e), the [The] commissioner shall
assign a hearing examiner to the [a pending] case not earlier than
the sixth business day and not later than the 10th business day
after the date on which the commissioner receives the request for a
hearing. When a hearing examiner has been assigned to a case, the
commissioner shall immediately notify the parties.
(d) The parties may agree to reject a hearing examiner for
any reason and either [Either] party is entitled to reject the
assigned hearing examiner for cause. A rejection must be in writing
and filed with the commissioner not later than the third day after
the date of notification of the hearing examiner's assignment. If
the parties agree to reject the hearing examiner or if the
commissioner determines that one [the] party has good cause to
reject the hearing examiner, the commissioner shall assign another
hearing examiner as provided by Subsection (b). If neither party
makes a timely rejection, the assignment is final.
(e) After the teacher receives the notice of the proposed
action, the parties by agreement may select a hearing examiner from
the list maintained by the commissioner under Subsection (a) or a
person who is not certified to serve as a hearing examiner. A
person who is not a certified hearing examiner may be selected only
if the person is [under this subsection must be] licensed to
practice law in this state. If the parties agree on a hearing
examiner, the parties shall, before the date the commissioner is
permitted to assign a hearing examiner, notify the commissioner in
writing of the agreement, including [before the teacher files a
request for hearing under Section 21.253, the request shall
include] the name of the hearing examiner selected. [If the parties
agree on a hearing examiner after the teacher files the request for
hearing, the teacher shall promptly notify the commissioner in
writing of the name of the hearing examiner.]
SECTION 3. Subsections (a) and (c), Section 21.257,
Education Code, are amended to read as follows:
(a) Not later than the 60th [45th] day after the date on
which the commissioner receives a teacher's written request for a
hearing, the hearing examiner shall complete the hearing and make a
written recommendation that:
(1) includes proposed findings of fact and conclusions
of law; and
(2) may include a proposal for granting relief.
(c) The parties may agree in writing to extend by not more
than 45 days [waive] the right to a recommendation by the date
prescribed by Subsection (a). A hearing under this section may not
be held on a Saturday, Sunday, or a state or federal holiday, unless
all parties agree.
SECTION 4. Subchapter G, Chapter 21, Education Code, is
amended by adding Section 21.3041 to read as follows:
Sec. 21.3041. REHEARING BY COMMISSIONER. (a) Not later
than the 20th day after the date the party or the party's
representative receives notice of the commissioner's decision
under Section 21.304, the party may file a request for rehearing.
(b) A request for rehearing is not required for a party to
appeal the commissioner's decision under Section 21.307.
(c) A request for rehearing is denied by operation of law if
the commissioner does not issue an order before the 45th day after
the date the party or the party's representative receives notice of
the commissioner's decision.
SECTION 5. Subsection (b), Section 21.307, Education Code,
is amended to read as follows:
(b) An appeal under this section must be perfected not later
than the 30th day after:
(1) the date the party or the party's representative
receives [received] notice of the commissioner's decision or the
date on which the decision of the board of trustees is [was]
affirmed by operation of law if the commissioner fails [failed] to
issue a decision within the required period; or
(2) if a request for rehearing is filed under Section
21.3041, the date on which the request is denied by order of the
commissioner or by operation of law under Section 21.3041(c). [A
motion for rehearing is not required for the party to appeal.]
SECTION 6. Subchapter F, Chapter 21, Education Code, as
amended by this Act, applies only to a hearing before a hearing
examiner under that subchapter as to which a teacher makes a written
request for a hearing on or after the effective date of this Act. A
hearing under Subchapter F, Chapter 21, Education Code, as to which
a teacher made a written request for a hearing before the effective
date of this Act is governed by the law in effect on the date the
teacher requests the hearing, and the former law is continued in
effect for that purpose.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 893 passed the Senate on
May 6, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 893 passed the House on
May 28, 2003, by the following vote: Yeas 137, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor