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  82R10033 KKA-F
 
  By: Rodriguez S.B. No. 1305
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition of school district retaliation against an
  employee for filing a grievance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 11, Education Code, is
  amended by adding Section 11.1711 to read as follows:
         Sec. 11.1711.  RETALIATION PROHIBITED. (a) In this
  section, "personnel action" means an action that affects an
  employee's compensation, promotion, demotion, transfer, work
  assignment, or performance evaluation.
         (b)  A school district may not suspend or terminate the
  employment of an employee or take other adverse personnel action
  against the employee for filing a grievance in good faith in
  accordance with the district's grievance policy.
         (c)  An employee whose employment is suspended or terminated
  or who is subjected to an adverse personnel action in violation of
  this section is entitled to:
               (1)  reinstatement to the employee's former position or
  an equivalent position;
               (2)  compensation for lost wages during the period of
  suspension, termination, or other adverse personnel action;
               (3)  reinstatement of fringe benefits and seniority
  rights lost because of the suspension, termination, or other
  adverse personnel action; and
               (4)  permanent removal of any retaliatory performance
  review from any personnel file maintained by the district regarding
  the employee.
         SECTION 2.  This Act takes effect September 1, 2011.