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A BILL TO BE ENTITLED
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AN ACT
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relating to temporary modification under certain circumstances of |
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procedures authorized for the nonrenewal of public school teacher |
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term contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 21, Education Code, is |
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amended by adding Section 21.2071 to read as follows: |
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Sec. 21.2071. NONRENEWAL HEARING UNDER TERM CONTRACT; |
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REDUCTION IN PERSONNEL OR PROGRAM CHANGE. (a) Notwithstanding any |
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other provision of this chapter, the board of trustees of a school |
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district may hold or provide for a hearing under this section if the |
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board orders a reduction in personnel on the basis of, as determined |
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by the board, financial exigency or a program change. |
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(b) If a teacher desires a hearing after receiving notice of |
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the proposed nonrenewal of the teacher's term contract under |
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Section 21.206, the teacher shall notify the board of trustees of |
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the school district in writing not later than the 30th day after the |
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date the teacher receives the notice of the proposed nonrenewal. A |
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hearing held by the board under this section or held by the board's |
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designee under Subsection (d) must be held not later than the 15th |
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day after the date the board receives the request for a hearing |
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unless the parties agree in writing to a different date. |
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(c) A hearing held by the board of trustees under this |
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section or held by the board's designee under Subsection (d) must |
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be: |
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(1) closed unless the teacher requests an open |
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hearing; and |
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(2) conducted in accordance with rules adopted by the |
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board. |
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(d) The board of trustees may designate an attorney licensed |
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to practice law in this state to hold the hearing on behalf of the |
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board, to create a hearing record for the board's consideration and |
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action, and to recommend an action to the board. The attorney |
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serving as the board's designee may not be employed by a school |
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district, and neither the designee nor a law firm with which the |
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designee is associated may be serving as an agent or representative |
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of a school district, of a teacher in a dispute between a district |
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and a teacher, or of an organization of school employees, school |
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administrators, or school boards of trustees. Not later than the |
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15th day after the completion of the hearing under this subsection, |
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the board's designee shall provide to the board a record of the |
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hearing and the designee's recommendation of whether the contract |
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should be renewed or not renewed. The board shall consider the |
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record of the hearing and the designee's recommendation at the |
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first board meeting for which notice can be posted in compliance |
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with Chapter 551, Government Code, following the receipt of the |
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record and recommendation from the board's designee, unless the |
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parties agree in writing to a different date. At the meeting, the |
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board shall consider the hearing record and the designee's |
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recommendation and allow each party to present an oral argument to |
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the board. The board by written policy may limit the amount of time |
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for oral argument. The policy must provide equal time for each |
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party. The board may obtain advice concerning legal matters from an |
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attorney who has not been involved in the proceedings. The board |
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may accept, reject, or modify the designee's recommendation. The |
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board shall notify the teacher in writing of the board's decision |
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not later than the 15th day after the date of the meeting. |
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(e) At a hearing under this section, 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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(f) Notwithstanding any other provision of this section, in |
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lieu of the board of trustees holding a hearing under this section |
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or designating an attorney to hold a hearing under Subsection (d), |
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the board may use the process established under Subchapter F. |
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(g) This section expires December 31, 2011. |
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SECTION 2. 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. |