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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding termination of employment of |
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certain public school district employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 22, Education Code, is |
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amended by adding Section 22.008 to read as follows: |
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Sec. 22.008. EMPLOYMENT OF EDUCATIONAL SUPPORT EMPLOYEES. |
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(a) In this section: |
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(1) "Educational support employee" means an employee |
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of a school district who is not entitled under Section 21.002 to be |
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employed under a contract and who is not an administrator. |
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(2) "Superintendent" includes a designee of the |
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superintendent who is: |
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(A) a school district administrator; and |
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(B) a superior to the person proposing the |
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termination of the employment of the educational support employee. |
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(b) The board of trustees of a school district shall adopt a |
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written employment policy consistent with this section for |
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educational support employees. The policy must: |
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(1) provide for a probationary period of employment of |
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not more than 135 days for educational support employees employed |
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by the school district for the first time; |
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(2) provide for a written evaluation, not less than |
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annually, of the performance of each educational support employee |
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in the district; |
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(3) specify the grounds on which the employment of a |
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nonprobationary educational support employee may be terminated; |
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and |
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(4) specify the required procedure for termination of |
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the employment of a nonprobationary educational support employee. |
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(c) A person who proposes to terminate the employment of a |
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nonprobationary educational support employee must present the |
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employee with written notice that includes a statement of the |
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grounds for the proposed termination and any other material facts |
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related to the proposed termination. |
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(d) The superintendent must review the grounds for the |
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proposed termination and any other material facts related to the |
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proposed termination and, on timely written request of the |
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educational support employee, must conduct a termination review |
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proceeding that allows the employee to respond to the proposed |
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termination orally and in writing. |
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(e) A termination review proceeding under Subsection (d) |
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must include an audible electronic recording or written transcript |
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of all oral testimony or argument. |
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(f) This section does not limit any rights granted to an |
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educational support employee under a policy adopted by the board of |
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trustees of a school district. |
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SECTION 2. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |