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