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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding the employment by school |
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districts of educational support 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 22.011 to read as follows: |
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Sec. 22.011. EMPLOYMENT OF EDUCATIONAL SUPPORT EMPLOYEES. |
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(a) In this section, "educational support employee" means an |
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employee of a school district who: |
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(1) is not entitled under Section 21.002 to be |
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employed under a contract; and |
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(2) is not an administrator. |
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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 district for the first time; |
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(2) provide for a written evaluation at least annually |
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of the performance of each educational support employee employed by |
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the district; |
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(3) specify the grounds on which the district may |
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terminate the employment of a nonprobationary educational support |
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employee; and |
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(4) specify the procedure the district must use in |
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terminating the employment of a nonprobationary educational |
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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 of the employment of a nonprobationary |
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educational support employee and any other material facts related |
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to the proposed termination. On timely written request of the |
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educational support employee, the superintendent must conduct a |
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termination review proceeding that allows the employee to respond |
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to the proposed termination orally and in writing. The |
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superintendent may designate a school district administrator to |
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perform the superintendent's duties under this subsection. An |
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administrator designated under this subsection must be a superior |
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of the educational support employee. |
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(e) 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 2009-2010 |
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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, 2009. |