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A BILL TO BE ENTITLED
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AN ACT
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relating to notice concerning termination, renewal, nonrenewal, |
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and other action regarding certain teacher contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.103(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of a school district may terminate |
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the employment of a teacher employed under a probationary contract |
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at the end of the contract period if in the board's judgment the |
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best interests of the district will be served by terminating the |
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employment. The board of trustees must give notice of its decision |
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to terminate the employment to the teacher not later than the [45th
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day before the] last day of instruction required under the |
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contract. The notice may be given personally to the teacher, sent |
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by e-mail to the teacher's district-provided e-mail address, or |
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mailed by regular mail or prepaid certified mail or by an express |
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delivery service to the teacher's address of record with the |
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district. Notice that is sent by e-mail or mailed in accordance |
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with this subsection is considered given at the time of sending or |
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mailing. The board's decision is final and may not be appealed. |
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SECTION 2. Section 21.158(a), Education Code, is amended to |
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read as follows: |
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(a) Before a teacher employed under a continuing contract |
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may be discharged, suspended without pay, or released because of a |
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necessary reduction of personnel, the board of trustees must notify |
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the teacher in writing of the proposed action and the grounds for |
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the action. The notice may be given personally to the teacher, sent |
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by e-mail to the teacher's district-provided e-mail address, or |
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mailed by regular mail or prepaid certified mail or by an express |
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delivery service to the teacher's address of record with the |
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district. Notice that is sent by e-mail or mailed in accordance |
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with this subsection is considered given at the time of sending or |
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mailing. |
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SECTION 3. Section 21.159, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) If the teacher desires to protest the proposed action |
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under Section 21.156 or 21.157, the teacher must notify the board of |
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trustees in writing not later than the 10th day after the date [the
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teacher receives the] notice is given under Section 21.158. |
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(d) The notice required under Subsection (c)(2) may be given |
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personally to the teacher, sent by e-mail to the teacher's |
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district-provided e-mail address, or mailed by regular mail or |
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prepaid certified mail or by an express delivery service to the |
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teacher's address of record with the district. Notice that is sent |
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by e-mail or mailed in accordance with this subsection is |
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considered given at the time of sending or mailing. |
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SECTION 4. Section 21.206(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the [45th day before the] last day of |
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instruction in a school year, the board of trustees shall notify in |
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writing each teacher whose contract is about to expire whether the |
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board proposes to renew or not renew the contract. The notice may |
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be given personally to the teacher, sent by e-mail to the teacher's |
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district-provided e-mail address, or mailed by regular mail or |
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prepaid certified mail or by an express delivery service to the |
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teacher's address of record with the district. Notice that is sent |
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by e-mail or mailed in accordance with this subsection is |
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considered given at the time of sending or mailing. |
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SECTION 5. Section 21.207(a), Education Code, is amended to |
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read as follows: |
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(a) If the teacher desires a hearing after receiving notice |
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of the proposed nonrenewal, the teacher shall notify the board of |
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trustees in writing not later than the 15th day after the date [the
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teacher receives the] notice of the proposed action is given under |
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Section 21.206. The board shall provide for a hearing to be held |
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not later than the 15th day after the date the board receives the |
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request for a hearing unless the parties agree in writing to a |
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different date. The hearing must be closed unless the teacher |
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requests an open hearing. |
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SECTION 6. Section 21.208, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) If the teacher does not request a hearing, the board of |
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trustees shall: |
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(1) take the appropriate action to renew or not renew |
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the teacher's contract; and |
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(2) notify the teacher in writing of that action not |
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later than the 30th day after the date the notice of proposed |
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nonrenewal was given [sent] to the teacher. |
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(c) The notice required under Subsection (a)(2) or (b)(2) |
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may be given personally to the teacher, sent by e-mail to the |
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teacher's district-provided e-mail address, or mailed by regular |
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mail or prepaid certified mail or by an express delivery service to |
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the teacher's address of record with the district. Notice that is |
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sent by e-mail or mailed in accordance with this subsection is |
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considered given at the time of sending or mailing. |
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SECTION 7. 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, 2011. |