2005S0508-1  03/08/05


By:  Gallegos                                                     S.B. No. 1415


A BILL TO BE ENTITLED

AN ACT

relating to adverse personnel action against certain school 
employees who report cheating in the administration of an 
assessment instrument.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 39, Education Code, is 
amended by adding Section 39.034 to read as follows:
	Sec. 39.034.  ADVERSE PERSONNEL ACTION PROHIBITED.  (a)  In 
this section:
		(1)  "Adverse personnel action" includes the transfer 
of a school employee to another school, the documentation of a poor 
appraisal under Subchapter H, Chapter 21, or a less desirable 
assignment within the same school campus.
		(2)  "Cheating" means any action intended to enable 
students to mark the correct response on an assessment instrument 
other than through the student's learning, individual effort, or 
personal knowledge.
	(b)  A school administrator may not suspend or terminate the 
employment of, or take other adverse personnel action against, a 
school district or charter school employee who reports cheating in 
the administration of an assessment instrument under this chapter.
	(c)  A school district or charter school employee who is 
suspended, terminated, or subjected to an adverse personnel action 
in violation of Subsection (b) may sue for the following relief:
		(1)  injunctive relief;                                                
		(2)  actual damages;                                                   
		(3)  inconvenience;                                                    
		(4)  court costs; and                                                  
		(5)  reasonable attorney's fees.                                       
	(d)  In addition to relief under Subsection (c), an employee 
who is suspended, terminated, or subjected to an adverse personnel 
action in violation of Subsection (b) may sue for other pecuniary 
loss in an amount not exceeding $5,000 for each instance the 
employee reports cheating in the administration of an assessment 
instrument under this chapter.
	SECTION 2.  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, 2005.