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A BILL TO BE ENTITLED
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AN ACT
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relating to the guaranteed benefits of a public school educator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.0411 to read as follows: |
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Sec. 21.0411. DENIAL OF GUARANTEED BENEFITS. (a) It is a |
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violation of the educator's code of ethics adopted under Section |
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21.041 for a principal, supervisor, or administrator to deny an |
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educator a benefit provided to the educator under this chapter or |
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Chapter 22, including: |
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(1) planning and preparation time as provided by |
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Section 21.404; |
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(2) a duty-free lunch as provided by Section 21.405; |
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and |
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(3) personal leave as provided by Section 22.003. |
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(b) A principal, supervisor, or administrator may not |
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retaliate against an educator for asserting the educator's right to |
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a benefit under this chapter or Chapter 22. Actions that may be |
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considered retaliation under this subsection include: |
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(1) suspending or terminating the employment of the |
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educator; and |
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(2) taking other adverse personnel action against the |
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educator, including reassigning the educator or giving the educator |
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a negative appraisal. |
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(c) The board shall issue sanctions against a principal, |
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supervisor, or administrator who violates this section. Sanctions |
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may include: |
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(1) issuing a reprimand; |
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(2) placing a restriction on the certificate of the |
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principal, supervisor, or administrator; |
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(3) suspending the certificate of the principal, |
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supervisor, or administrator; or |
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(4) revoking or canceling the certificate of the |
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principal, supervisor, or administrator. |
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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. |