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.