84R5464 KKA-D

By: Huffines S.B. No. 1682

A BILL TO BE ENTITLED

AN ACT

relating to the contract required to be used by school districts in employing teachers and other professional employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. AT-WILL EMPLOYMENT

SECTION 1.01. Sections 21.002(a) and (b), Education Code, are amended to read as follows:

(a) A school district shall employ each classroom teacher, principal, librarian, nurse, or school counselor under a contract that establishes an at-will employment relationship between the district and the employee [:

[(1) a probationary contract, as provided by Subchapter C;

[(2) a continuing contract, as provided by Subchapter D; or

[(3) a term contract, as provided by Subchapter E].

(b) A district is not required to employ a person other than an employee listed in Subsection (a) under a [probationary, continuing, or term] contract described by that subsection.

SECTION 1.02. Sections 21.0031(a) and (b), Education Code, are amended to read as follows:

(a) An employee's [probationary, continuing, or term] contract under this chapter is void if the employee:

(1) does not hold a valid certificate or permit issued by the State Board for Educator Certification;

(2) fails to fulfill the requirements necessary to renew or extend the employee's temporary, probationary, or emergency certificate or any other certificate or permit issued under Subchapter B; or

(3) fails to comply with any requirement under Subchapter C, Chapter 22, if the failure results in suspension or revocation of the employee's certificate under Section 22.0831(f)(2).

(b) If a school district has knowledge that an employee's contract is void under Subsection (a):

(1) the district may[, except as provided by Subsection (b-1)]:

(A) terminate the employee;

(B) suspend the employee with or without pay; or

(C) retain the employee for the remainder of the school year [on an at-will employment basis] in a position other than a position required to be held by an employee under a contract under Section 21.002 at the employee's existing rate of pay or at a reduced rate; and

(2) the employee is not entitled to the minimum salary prescribed by Section 21.402.

SECTION 1.03. Subchapter A, Chapter 21, Education Code, is amended by adding Section 21.011 to read as follows:

Sec. 21.011. APPLICATION OF FORMER LAW. A person employed under a continuing contract under former Subchapter D, as that subchapter existed on January 1, 2015, continues to be subject to the rights and duties provided by that subchapter and former Subchapters F and G, as those subchapters existed on January 1, 2015, as long as the person is employed by the same school district.

SECTION 1.04. Sections 21.058(c), (c-1), and (c-2), Education Code, are amended to read as follows:

(c) A school district or open-enrollment charter school that receives notice under Subsection (b) of the revocation of a certificate issued under this subchapter shall:

(1) immediately remove the person whose certificate has been revoked from campus or from an administrative office, as applicable, to prevent the person from having any contact with a student; and

(2) if the person is employed under a [probationary, continuing, or term] contract under this chapter:

(A) suspend the person without pay;

(B) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and

(C) terminate the employment of the person as soon as practicable.

(c-1) If a school district or open-enrollment charter school becomes aware that a person employed by the district or school under a [probationary, continuing, or term] contract under this chapter has been convicted of or received deferred adjudication for a felony offense, and the person is not subject to Subsection (c), the district or school may:

(1) suspend the person without pay;

(2) provide the person with written notice that the person's contract is void as provided by Subsection (c-2); and

(3) terminate the employment of the person as soon as practicable.

(c-2) A person's [probationary, continuing, or term] contract is void if the school district or open-enrollment charter school takes action under Subsection (c)(2)(B) or (c-1)(2).

SECTION 1.05. Section 21.4022(c), Education Code, is amended to read as follows:

(c) The board of trustees must hold a public meeting at which the board and school district administration present:

(1) information regarding the options considered for managing the district's available resources, including consideration of a tax rate increase and use of the district's available fund balance;

(2) an explanation of how the district intends, through implementation of a furlough program under Section 21.4021 or through other salary reductions, as applicable, to limit the number of district employees who will be discharged [or whose contracts will not be renewed]; and

(3) information regarding the local option residence homestead exemption.

SECTION 1.06. Section 30.022(g), Education Code, is amended to read as follows:

(g) Except as otherwise provided by this subsection, an action of the board may be appealed to a district court in Travis County. An action of the board related to a [dismissal during the term of a] teacher's contract [or to a nonrenewal of a teacher's contract] may be appealed to the commissioner in the manner prescribed by Section 7.057(a)(2)(B) [Subchapter G, Chapter 21]. For the purposes of this subsection, the term "teacher" has the meaning assigned by Section 30.024(a).

SECTION 1.07. Section 30.024(b), Education Code, is amended to read as follows:

(b) The governing board of the school may enter into an employment contract with any employee who provides, or supervises any employee who provides, direct and regular educational services to students or who provides other professional educational services. An employee employed under this subsection is not subject to Section 2252.901, Government Code. Each teacher shall be employed under a [term] contract that establishes an at-will employment relationship as provided by Subchapter A [E], Chapter 21[, or under a probationary contract as provided by Subchapter C, Chapter 21]. An employee employed under a contract under this subsection:

(1) shall be paid in accordance with a salary structure adopted by the superintendent with the concurrence of the board that provides salaries, including assignment stipends, equal, on a daily-rate basis, to salaries, including assignment stipends, paid to employees employed in comparable positions by the Austin Independent School District;

(2) is not eligible for longevity pay under Subchapter D, Chapter 659, Government Code, and is not entitled to a paid day off from work on any national or state holiday;

(3) is eligible for sick leave accrual under the General Appropriations Act in each month in which at least one day of the month is included in the school year [term of the employment contract] and in any other month in which work is performed or paid leave is taken;

(4) may be permitted by the board to take paid time off from work [during the term of the employment contract] for personal reasons as designated by the board, but the paid time off may not exceed three days per school year [contract term] and may not be carried forward from one school year [contract term] to a subsequent school year [contract term];

(5) may be permitted by the board to be paid the salary designated in the employment contract in 12 monthly installments; and

(6) shall work the hours established by the superintendent.

SECTION 1.08. Section 30.052(g), Education Code, is amended to read as follows:

(g) Except as otherwise provided by this subsection, an action of the board may be appealed to a district court in Travis County. An action of the board related to a [dismissal during the term of a] teacher's contract [or to a nonrenewal of a teacher's contract] may be appealed to the commissioner in the manner prescribed by Section 7.057(a)(2)(B) [Subchapter G, Chapter 21]. For the purposes of this subsection, the term "teacher" has the meaning assigned by Section 30.055(a).

SECTION 1.09. Section 30.055(b), Education Code, is amended to read as follows:

(b) The governing board of the school may enter into an employment contract with any employee who provides, or supervises any employee who provides, direct and regular educational services to students or who provides other professional, educational services. An employee employed under this subsection is not subject to Section 2252.901, Government Code. Each teacher shall be employed under a [term] contract that establishes an at-will employment relationship as provided by Subchapter A [E], Chapter 21[, or under a probationary contract as provided by Subchapter C, Chapter 21]. An employee employed under a contract under this subsection:

(1) shall be paid in accordance with a salary structure adopted by the superintendent with the concurrence of the board that provides salaries, including assignment stipends, equal, on a daily-rate basis, to salaries, including assignment stipends, paid to employees employed in comparable positions by the Austin Independent School District;

(2) is not eligible for longevity pay under Subchapter D, Chapter 659, Government Code, and is not entitled to a paid day off from work on any national or state holiday;

(3) is eligible for sick leave accrual under the General Appropriations Act in each month in which at least one day of the month is included in the school year [term of the employment contract] and in any other month in which work is performed or paid leave is taken;

(4) may be permitted by the board to use a maximum of four days per school year [contract term] of accrued sick leave for personal reasons as designated by the board but the number of sick leave days not used for personal reasons during a school year [contract term] may not be carried forward to a subsequent school year [contract term] for use as personal leave;

(5) shall be paid the salary designated in the employment contract in 12 monthly installments if the employee chooses to be paid in that manner;

(6) shall work the hours established by the superintendent; and

(7) in addition to the contract salary received during the employee's first year of employment with the school and for the purpose of reducing a vacancy in a position that is difficult to fill because of the specialized nature and the limited number of qualified applicants, may be paid a salary supplement, not to exceed any salary supplement paid by the Austin Independent School District to an employee employed in a comparable position.

SECTION 1.10. (a) On or after the effective date of this Act, a school district, the Texas School for the Blind and Visually Impaired, or the Texas School for the Deaf may not enter into a probationary, continuing, or term contract under Chapter 21, Education Code, as that chapter existed before amendment by this Act.

(b) The amendment by this Act of Chapter 21, Education Code, does not affect the rights of a person employed under a probationary, continuing, or term contract entered into before the effective date of this Act, and the provisions of Chapter 21, Education Code, as they existed on January 1, 2015, are continued in effect for that purpose.

ARTICLE 2. CONFORMING AMENDMENTS

SECTION 2.01. Sections 7.056(e) and (f), Education Code, are amended to read as follows:

(e) Except as provided by Subsection (f), a school campus or district may not receive an exemption or waiver under this section from:

(1) a prohibition on conduct that constitutes a criminal offense;

(2) a requirement imposed by federal law or rule, including a requirement for special education or bilingual education programs; or

(3) a requirement, restriction, or prohibition relating to:

(A) essential knowledge or skills under Section 28.002 or high school graduation requirements under Section 28.025;

(B) public school accountability as provided by Subchapters B, C, D, E, F, and J, Chapter 39;

(C) extracurricular activities under Section 33.081 or participation in a University Interscholastic League area, regional, or state competition under Section 33.0812;

(D) health and safety under Chapter 38;

(E) purchasing under Subchapter B, Chapter 44;

(F) elementary school class size limits, except as provided by Section 25.112;

(G) removal of a disruptive student from the classroom under Subchapter A, Chapter 37;

(H) at-risk programs under Subchapter C, Chapter 29;

(I) prekindergarten programs under Subchapter E, Chapter 29;

(J) educator rights and benefits under Subchapters A[, C, D, E, F, G,] and I, Chapter 21, or under Subchapter A, Chapter 22;

(K) special education programs under Subchapter A, Chapter 29;

(L) bilingual education programs under Subchapter B, Chapter 29; or

(M) the requirements for the first day of instruction under Section 25.0811.

(f) A school district [or campus] that is required to develop and implement a student achievement improvement plan under Section 39.102 [or 39.103] may receive an exemption or waiver under this section from any law or rule other than:

(1) a prohibition on conduct that constitutes a criminal offense;

(2) a requirement imposed by federal law or rule;

(3) a requirement, restriction, or prohibition imposed by state law or rule relating to:

(A) public school accountability as provided by Subchapters B, C, D, E, F, and J, Chapter 39; or

(B) educator rights and benefits under Subchapters A[, C, D, E, F, G,] and I, Chapter 21, or under Subchapter A, Chapter 22; or

(4) selection of instructional materials under Chapter 31.

SECTION 2.02. Sections 7.057(b) and (e), Education Code, are amended to read as follows:

(b) Except as provided by Subsection (c), the commissioner after due notice to the parties interested shall, not later than the 180th day after the date an appeal under Subsection (a) is filed, hold a hearing and issue a decision without cost to the parties involved. In conducting a hearing under this subsection, the commissioner has the same authority relating to discovery and conduct of a hearing as an administrative law judge employed by the State Office of Administrative Hearings [a hearing examiner has under Subchapter F, Chapter 21]. This section does not deprive any party of any legal remedy.

(e) This section does not apply to[:

[(1) a case to which Subchapter G, Chapter 21, applies; or

[(2)] a student disciplinary action under Chapter 37.

SECTION 2.03. Sections 11.1513(e) and (j), Education Code, are amended to read as follows:

(e) If, during the school year, the district must fill a vacant position held by a superintendent, principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B, Chapter 21, or a nurse [as defined by Section 21.201,] in less than 10 school days, the district:

(1) must provide notice of the position in the manner described by Subsection (d)(1) as soon as possible after the vacancy occurs;

(2) is not required to provide the notice for 10 school days before filling the position; and

(3) is not required to comply with Subsection (d)(2).

(j) The employment policy may not restrict the ability of a school district employee to communicate directly with a member of the board of trustees regarding a matter relating to the operation of the district, except that the policy may prohibit ex parte communication relating to an [:

[(1) a hearing under Subchapter E or F, Chapter 21; and

[(2) another] appeal or hearing in which ex parte communication would be inappropriate pending a final decision by a school district board of trustees.

SECTION 2.04. Section 11.201(d), Education Code, is amended to read as follows:

(d) The duties of the superintendent include:

(1) assuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation of the education programs, services, and facilities of the district and for the annual performance appraisal of the district's staff;

(2) except as provided by Section 11.202, assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the district other than the superintendent;

(3) overseeing compliance with the standards for school facilities established by the commissioner under Section 46.008;

(4) initiating the termination or suspension of an employee [or the nonrenewal of an employee's term contract];

(5) managing the day-to-day operations of the district as its administrative manager, including implementing and monitoring plans, procedures, programs, and systems to achieve clearly defined and desired results in major areas of district operations;

(6) preparing and submitting to the board of trustees a proposed budget as provided by Section 44.002 and rules adopted under that section, and administering the budget;

(7) preparing recommendations for policies to be adopted by the board of trustees and overseeing the implementation of adopted policies;

(8) developing or causing to be developed appropriate administrative regulations to implement policies established by the board of trustees;

(9) providing leadership for the attainment and, if necessary, improvement of student performance in the district based on the indicators adopted under Sections 39.053 and 39.301 and other indicators adopted by the commissioner or the district's board of trustees;

(10) organizing the district's central administration;

(11) consulting with the district-level committee as required under Section 11.252(f);

(12) ensuring:

(A) adoption of a student code of conduct as required under Section 37.001 and enforcement of that code of conduct; and

(B) adoption and enforcement of other student disciplinary rules and procedures as necessary;

(13) submitting reports as required by state or federal law, rule, or regulation;

(14) providing joint leadership with the board of trustees to ensure that the responsibilities of the board and superintendent team are carried out; and

(15) performing any other duties assigned by action of the board of trustees.

SECTION 2.05. Section 11.202(b), Education Code, is amended to read as follows:

(b) Each principal shall:

(1) except as provided by Subsection (d), approve all teacher and staff appointments for that principal's campus from a pool of applicants selected by the district or of applicants who meet the hiring requirements established by the district, based on criteria developed by the principal after informal consultation with the faculty;

(2) set specific education objectives for the principal's campus, through the planning process under Section 11.253;

(3) develop budgets for the principal's campus;

(4) assume the administrative responsibility and instructional leadership, under the supervision of the superintendent, for discipline at the campus;

(5) assign, evaluate, and promote personnel assigned to the campus;

(6) recommend to the superintendent the termination or suspension of an employee assigned to the campus [or the nonrenewal of the term contract of an employee assigned to the campus]; and

(7) perform other duties assigned by the superintendent pursuant to the policy of the board of trustees.

SECTION 2.06. Section 26.008(b), Education Code, is amended to read as follows:

(b) An attempt by any school district employee to encourage or coerce a child to withhold information from the child's parent is grounds for discipline of the employee [under Section 21.104, 21.156, or 21.211, as applicable].

ARTICLE 3. REPEALER; EFFECTIVE DATE

SECTION 3.01. The following provisions of the Education Code are repealed:

(1) Section 7.055(b)(20);

(2) Section 7.102(c)(10);

(3) Section 21.002(c);

(4) Sections 21.0031(b-1), (c), and (d);

(5) Section 21.058(e);

(6) Subchapters C, D, E, F, and G, Chapter 21; and

(7) Section 21.4021(g).

SECTION 3.02. 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, 2015.