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A BILL TO BE ENTITLED
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AN ACT
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relating to hearings on public school educator contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 21, Education Code, is |
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amended by adding Section 21.1041 to read as follows: |
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Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A |
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teacher is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.104; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board of trustees of the |
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district, if the teacher is protesting proposed action to terminate |
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a probationary contract before the end of the contract period on the |
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basis of a financial exigency declared under Section 44.011 that |
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requires a reduction in personnel. |
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SECTION 2. Section 21.159(b), Education Code, is amended to |
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read as follows: |
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(b) A teacher who notifies the board of trustees within the |
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time prescribed by Subsection (a) is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.156; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board, if the teacher is |
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protesting proposed action under Section 21.157 or proposed action |
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to terminate a term contract at any time on the basis of a financial |
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exigency declared under Section 44.011 that requires a reduction in |
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personnel. |
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SECTION 3. Section 21.207, Education Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) The board of trustees may designate an attorney |
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licensed to practice law in this state to hold the hearing on behalf |
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of the board, to create a hearing record for the board's |
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consideration and action, and to recommend an action to the board. |
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The attorney serving as the board's designee may not be employed by |
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a school district and neither the designee nor a law firm with which |
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the designee is associated may be serving as an agent or |
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representative of a school district, of a teacher in a dispute |
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between a district and a teacher, or of an organization of school |
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employees, school administrators, or school boards of trustees. |
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Not later than the 15th day after the completion of the hearing |
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under this subsection, the board's designee shall provide to the |
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board a record of the hearing and the designee's recommendation of |
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whether the contract should be renewed or not renewed. The board |
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shall consider the record of the hearing and the designee's |
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recommendation at the first board meeting for which notice can be |
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posted in compliance with Chapter 551, Government Code, following |
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the receipt of the record and recommendation from the board's |
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designee, unless the parties agree in writing to a different date. |
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At the meeting, the board shall consider the hearing record and the |
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designee's recommendation and allow each party to present an oral |
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argument to the board. The board by written policy may limit the |
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amount of time for oral argument. The policy must provide equal time |
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for each party. The board may obtain advice concerning legal |
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matters from an attorney who has not been involved in the |
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proceedings. The board may accept, reject, or modify the designee's |
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recommendation. The board shall notify the teacher in writing of |
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the board's decision not later than the 15th day after the date of |
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the meeting. |
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(c) At the hearing before the board or the board's designee, |
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the teacher may: |
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(1) be represented by a representative of the |
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teacher's choice; |
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(2) hear the evidence supporting the reason for |
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nonrenewal; |
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(3) cross-examine adverse witnesses; and |
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(4) present evidence. |
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SECTION 4. Section 21.251, Education Code, is amended to |
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read as follows: |
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Sec. 21.251. APPLICABILITY. (a) This subchapter applies |
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if a teacher requests a hearing after receiving notice of the |
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proposed decision to: |
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(1) terminate the teacher's continuing contract at any |
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time, except as provided by Subsection (b)(3); |
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(2) terminate the teacher's probationary or term |
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contract before the end of the contract period, except as provided |
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by Subsection (b)(3); or |
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(3) suspend the teacher without pay. |
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(b) This subchapter does not apply to: |
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(1) a decision to terminate a teacher's employment at |
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the end of a probationary contract; [or] |
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(2) a decision not to renew a teacher's term contract, |
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unless the board of trustees of the employing district has decided |
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to use the process prescribed by this subchapter for that purpose; |
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or |
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(3) a decision, on the basis of a financial exigency |
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declared under Section 44.011 that requires a reduction in |
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personnel, to terminate a probationary or term contract before the |
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end of the contract period or to terminate a continuing contract at |
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any time, unless the board of trustees has decided to use the |
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process prescribed by this subchapter for that purpose. |
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SECTION 5. Subchapter A, Chapter 44, Education Code, is |
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amended by adding Section 44.011 to read as follows: |
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Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees |
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of a school district may adopt a resolution declaring a financial |
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exigency for the district. The declaration expires at the end of the |
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fiscal year during which the declaration is made unless the board |
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adopts a resolution before the end of the fiscal year declaring |
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continuation of the financial exigency for the following fiscal |
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year. |
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(b) The board is not limited in the number of times the board |
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may adopt a resolution declaring continuation of the financial |
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exigency. |
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(c) A board may terminate a financial exigency declaration |
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at any time if the board considers it appropriate. |
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(d) Each time the board adopts a resolution under this |
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section, the board must notify the commissioner. The commissioner |
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by rule shall prescribe the time and manner in which notice must be |
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given to the commissioner under this subsection. |
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SECTION 6. 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 on the 91st day after the last day of the |
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legislative session. |