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79R7407 SLO-F
By: Williams S.B. No. 1489
A BILL TO BE ENTITLED
AN ACT
relating to the termination of a teacher's contract for a financial
exigency that requires a reduction in personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.104(a), Education Code, is amended to
read as follows:
(a) A teacher employed under a probationary contract may be
discharged at any time for:
(1) good cause as determined by the board of trustees;
or
(2) a financial exigency that requires a reduction in
personnel[, good cause being the failure to meet the accepted
standards of conduct for the profession as generally recognized and
applied in similarly situated school districts in this state].
SECTION 2. Subchapter C, Chapter 21, Education Code, is
amended by adding Section 21.1041 to read as follows:
Sec. 21.1041. HEARING FOR CERTAIN DISCHARGES UNDER
PROBATIONARY CONTRACT. (a) If the board of trustees proposes to
discharge a teacher under Section 21.104(a)(2), the board shall
give written notice of the proposed action to the teacher.
(b) If the teacher desires a hearing after receiving notice
of the proposed discharge, the teacher shall notify the board of
trustees in writing, not later than the 15th day after the date the
teacher receives the notice of the proposed action. The board shall
provide for a hearing to be held not later than the 15th day after
the date the board receives the request for a hearing unless the
parties agree in writing to a different date. The hearing must be
closed unless the teacher requests an open hearing. The hearing
must be conducted in accordance with rules adopted by the board. At
the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for the
discharge;
(3) cross-examine adverse witnesses; and
(4) present evidence.
(c) After a hearing held under Subsection (b), the board of
trustees shall:
(1) take the appropriate action to discharge the
teacher or allow the teacher to complete the probationary contract
term; and
(2) notify the teacher in writing of its decision not
later than the 15th day after the date of the hearing.
(d) If the teacher does not request a hearing under
Subsection (b), the board of trustees shall take the appropriate
action to discharge the teacher and shall notify the teacher in
writing of that action not later than the 30th day after the date
the notice of proposed discharge for a financial exigency that
requires a reduction in personnel was sent to the teacher.
SECTION 3. Subchapter E, Chapter 21, Education Code, is
amended by adding Section 21.2111 to read as follows:
Sec. 21.2111. HEARING FOR CERTAIN DISCHARGES UNDER TERM
CONTRACT. (a) If the board of trustees proposes to discharge a
teacher under Section 21.211(a)(2), the board shall give written
notice of the proposed action to the teacher.
(b) If the teacher desires a hearing after receiving notice
of the proposed discharge, the teacher shall notify the board of
trustees in writing, not later than the 15th day after the date the
teacher receives the notice of the proposed action. The board shall
provide for a hearing to be held not later than the 15th day after
the date the board receives the request for a hearing unless the
parties agree in writing to a different date. The hearing must be
closed unless the teacher requests an open hearing. The hearing
must be conducted in accordance with rules adopted by the board. At
the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for the
discharge;
(3) cross-examine adverse witnesses; and
(4) present evidence.
(c) After the hearing, the board of trustees shall:
(1) take the appropriate action to discharge the
teacher or allow the teacher to complete the current contract term;
and
(2) notify the teacher in writing of its decision not
later than the 15th day after the date of the hearing.
(d) If the teacher does not request a hearing under
Subsection (b), the board of trustees shall take the appropriate
action to discharge the teacher and shall notify the teacher in
writing of that action not later than the 30th day after the date
the notice of proposed discharge for a financial exigency that
requires a reduction in personnel was sent to the teacher.
SECTION 4. Section 21.251, Education Code, is amended to
read as follows:
Sec. 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) terminate the teacher's continuing contract at any
time;
(2) except as provided by Subsection (b)(3), terminate
the teacher's probationary or term contract before the end of the
contract period; or
(3) suspend the teacher without pay.
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract; [or]
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose;
or
(3) a decision to terminate a teacher's probationary
contract or term contract before the end of the contract period for
a financial exigency that requires a reduction in personnel.
SECTION 5. Section 21.301(a), Education Code, is amended to
read as follows:
(a) Not later than the 20th day after the date the board of
trustees or board subcommittee announces its decision under Section
21.259, [or] the board advises the teacher of its decision not to
renew the teacher's contract under Section 21.208, or the board
advises the teacher of its decision to terminate a teacher's
probationary contract under Section 21.1041(c) or (d) or term
contract under Section 21.2111(c) or (d), the teacher may appeal
the decision by filing a petition for review with the commissioner.
SECTION 6. Section 21.303(a), Education Code, is amended to
read as follows:
(a) If the board of trustees decided not to renew a
teacher's term contract or decided to terminate a teacher's
probationary contract under Section 21.1041(c) or (d) or term
contract under Section 21.2111(c) or (d), the commissioner may not
substitute the commissioner's judgment for that of the board of
trustees unless the decision was arbitrary, capricious, or unlawful
or is not supported by substantial evidence.
SECTION 7. The changes in law made by this Act apply only to
a discharge under a probationary or term contract for which written
notice of the proposed discharge is given to a teacher on or after
September 1, 2005. A discharge under a probationary or term
contract for which written notice of the proposed discharge is
given to a teacher before September 1, 2005, is governed by the law
in effect when the notice is given, and the former law is continued
in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.