78R7515 BDH-D

By:  Bivins                                                       S.B. No. 893


A BILL TO BE ENTITLED
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 and must include with the request a copy of the notice. The teacher must provide the district with a copy of the request. (b) The parties may agree in writing to extend by not more than 10 days the deadline for requesting a hearing. SECTION 2. Section 21.254(e), Education Code, is amended to read as follows: (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 required to assign a hearing examiner, notify the commissioner in writing of [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. Sections 21.257(a) and (c), 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 30 days [waive] the right to a recommendation by the date prescribed by Subsection (a). SECTION 4. Sections 21.259(b) and (c), Education Code, are amended to read as follows: (b) The board of trustees or board subcommittee may adopt, reject, or change the hearing examiner's: (1) proposed findings of fact and conclusions of law; or (2) proposal for granting relief. (c) The board of trustees or board subcommittee may reject or change a proposed finding of fact made by the hearing examiner or add a new finding of fact only after reviewing the record of the proceedings before the hearing examiner [and only if the finding of fact is not supported by substantial evidence]. SECTION 5. 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 6. Section 21.307(b), 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 7. 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 has made a written request for 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 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.