82R19372 KKA-F
 
  By: Shelton H.B. No. 2380
 
  Substitute the following for H.B. No. 2380:
 
  By:  Huberty C.S.H.B. No. 2380
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment by school districts of certain persons under
  probationary contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.102, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1) and (a-2) to
  read as follows:
         (a)  Except as provided by Section 21.202(b), the following
  persons shall be employed under a probationary contract:
               (1)  a person who is employed as a teacher by a school
  district for the first time;
               (2)  a person[, or] who has not been employed by the
  district for two consecutive school years subsequent to August 28,
  1967; and
               (3)  a person who is employed in a new professional
  capacity that requires a different class of certificate under
  Subchapter B than the class of certificate held by the person in the
  professional capacity in which the person was previously employed[,
  shall be employed under a probationary contract].
         (a-1)  Subsection (a)(3) does not apply to a person who is
  returned by a school district to a professional capacity in which
  the person was employed by the district before the district
  employed the person in the new professional capacity as described
  by that subdivision. A person described by this subsection is
  entitled to be employed in the original professional capacity
  under the same contractual status as the status held by the person
  during the previous employment by the district in that capacity.
         (a-2)  A person who previously was employed as a teacher by a
  district and, after at least a two-year lapse in district
  employment returns to district employment, may be employed under a
  probationary contract.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.