82R7870 CAS-D
 
  By: Dutton H.B. No. 1513
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to hearings on certain public school employee employment
  decisions before the board of trustees of a school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.1511, Education Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  In adopting a process under Subsection (b)(13)
  through which school district personnel may obtain a hearing from
  the board of trustees regarding a complaint, the hearing must allow
  the employee to:
               (1)  be represented by a representative of the
  employee's choice;
               (2)  as applicable, cross-examine adverse witnesses;
  and
               (3)  present evidence.
         SECTION 2.  Section 21.258, Education Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  At the meeting, the board of trustees or board
  subcommittee shall consider the hearing examiner's recommendation
  and shall, unless the teacher requests a full hearing before the
  board in accordance with Subsection (b-1), allow each party to
  present an oral argument to the board or subcommittee. The board by
  written policy may limit the amount of time for oral argument. The
  policy must provide equal time for each party.
         (b-1)  If the teacher requests a full hearing before the
  board for consideration of the hearing examiner's recommendation,
  each party may:
               (1)  be represented by a representative of the party's
  choice;
               (2)  hear the evidence supporting the hearing
  examiner's recommendation;
               (3)  cross-examine adverse witnesses; and
               (4)  present evidence.
         SECTION 3.  Section 21.259(a), Education Code, is amended to
  read as follows:
         (a)  Not later than the 10th day after the date of the board
  meeting under Section 21.258, the board of trustees or board
  subcommittee shall announce a decision that:
               (1)  includes findings of fact and conclusions of law;
               (2)  complies with Subsections (b), (c), and (d),
  unless the board conducted a full hearing as provided by Section
  21.258(b-1); and
               (3) [(2)]  may include a grant of relief.
         SECTION 4.  Section 21.301(c), Education Code, is amended to
  read as follows:
         (c)  The commissioner shall review the record of the hearing
  before the hearing examiner and, as applicable, the oral argument
  before the board of trustees or board subcommittee or the hearing
  before the board. Except as provided in Section 21.302, the
  commissioner shall consider the appeal solely on the basis of the
  local record and may not consider any additional evidence or issue.
  The commissioner, on the motion of a party or on the commissioner's
  motion, may hear oral argument. The commissioner shall accept
  written argument.
         SECTION 5.  Section 21.302(a), Education Code, is amended to
  read as follows:
         (a)  If a party alleges that procedural irregularities that
  are not reflected in the local record occurred at the hearing before
  the hearing examiner or before the board of trustees, the
  commissioner may hold a hearing for the presentation of evidence on
  that issue. The party alleging that procedural irregularities
  occurred shall identify the specific alleged defect and its claimed
  effect on the board's or board subcommittee's decision. The
  commissioner may make appropriate orders consistent with rules
  adopted by the commissioner. The commissioner's determination on
  any alleged procedural irregularities is final and may not be
  appealed.
         SECTION 6.  Section 21.303(b), Education Code, is amended to
  read as follows:
         (b)  If the board of trustees terminated a teacher's
  probationary, continuing, or term contract during the contract term
  or suspended a teacher without pay, the commissioner may not
  substitute the commissioner's judgment for that of the board
  unless:
               (1)  if the board accepted the hearing examiner's
  findings of fact without modification, the decision is arbitrary,
  capricious, or unlawful or is not supported by substantial
  evidence; [or]
               (2)  if the board modified the hearing examiner's
  findings of fact, the decision is arbitrary, capricious, or
  unlawful or the hearing examiner's original findings of fact are
  not supported by substantial evidence; or
               (3)  if the board held a hearing under Section
  21.258(b-1), the board's decision following the hearing is
  arbitrary, capricious, or unlawful or is not supported by
  substantial evidence.
         SECTION 7.  (a) The board of trustees of a school district
  shall adopt a process for a hearing in accordance with Section
  11.1511(b-1), Education Code, as added by this Act, as soon as
  practicable after the effective date of this Act.
         (b)  Section 21.258, Education Code, as amended by this Act,
  applies only to the decision of the board of trustees of a school
  district described by Section 21.251, Education Code, made on or
  after the effective date of this Act. A decision of the board of
  trustees described by Section 21.251, Education Code, made before
  the effective date of this Act is governed by the law in effect on
  the date the decision was made, and that law is continued in effect
  for that purpose.
         SECTION 8.  This Act takes effect September 1, 2011.