BILL ANALYSIS

H.B. 20

By: Huberty

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Observers note that school districts are required to notify a teacher that the teacher's contract will not be renewed no later than the 45th day before the last day of instruction. The observers point out that critical state assessments are often administered to determine promotion and graduation for students during the last 45 days of instruction.  Interested parties note that some school administrators claim that notification occurring not later than the 15th day before the last day of instruction would protect both students and teachers and would move the notice outside the state testing window. The parties further note that the school administrators assert that a 15-day notice would still provide a teacher with over two months before the start of the next school year to secure other employment.

H.B. 20 amends current law relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 20 amends the Education Code to change the deadline by which a school district board of trustees is required to give notice to a district teacher whose employment under a probationary contract the board has decided to terminate from the 45th day before the last day of instruction required under the contract to the 15th day before the last day of instruction required under the contract. The bill changes the deadline by which a board is required to notify in writing each teacher whose term contract is about to expire whether the board proposes to renew or not renew the contract from the 45th day before the last day of instruction in a school year to the 15th day before the last day of instruction in a school year. The bill requires such notice given to a teacher employed under a probationary or term contract to be delivered personally to the teacher or mailed by prepaid certified mail to the teacher's address of record with the district. The bill provides that such notice is considered given at the time of mailing. The bill makes its provisions applicable beginning with contracts for the 2012-2013 school year.

EFFECTIVE DATE

91st day after the last day of the legislative session.