| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to appeals to the commissioner of education and to |
|
|
recommendations by hearing examiners concerning public school |
|
|
teacher employment decisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 7.057(b) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) Except as provided by Subsection (c), the commissioner, |
|
|
after due notice to the parties interested, shall, not later than |
|
|
the 180th day after the date the appeal was filed, hold a hearing |
|
|
and issue a decision without cost to the parties involved. In |
|
|
conducting a hearing under this subsection, the commissioner has |
|
|
the same authority relating to discovery and conduct of a hearing as |
|
|
a hearing examiner has under Subchapter F, Chapter 21. This section |
|
|
does not deprive any party of any legal remedy. |
|
|
(d) A person aggrieved by an action of the agency or |
|
|
decision of the commissioner may appeal to a district court in |
|
|
Travis County. An appeal must be made by serving the commissioner |
|
|
with citation issued and served in the manner provided by law for |
|
|
civil suits. The petition must state the action or decision from |
|
|
which the appeal is taken. At trial, the court shall conduct a de |
|
|
novo review and determine all issues of law and fact, except as |
|
|
provided by Section 33.081(g). |
|
|
SECTION 2. Section 21.257, Education Code, is amended by |
|
|
adding Subsection (c-1) to read as follows: |
|
|
(c-1) Notwithstanding Subsections (a) and (c), if the |
|
|
hearing examiner or parties are unable to comply with the time |
|
|
requirements under this section for a recommendation under |
|
|
Subsection (a), the hearing examiner may, for good cause shown, |
|
|
postpone by a reasonable period the date on which a recommendation |
|
|
is required. |
|
|
SECTION 3. (a) Sections 7.057(b) and (d), Education Code, |
|
|
as amended by this Act, apply only to an appeal filed with the |
|
|
commissioner of education on or after the effective date of this |
|
|
Act. |
|
|
(b) Section 21.257(c-1), Education Code, as added by this |
|
|
Act, applies only to a hearing before a hearing examiner held on or |
|
|
after the effective date of this Act. |
|
|
SECTION 4. 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, 2009. |