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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for review after a decision to terminate a |
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teacher's contract or suspend a teacher without pay. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter F, Chapter 21, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER F. HEARINGS [BEFORE HEARING EXAMINERS] |
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SECTION 2. Section 21.253, Education Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) The school district may choose to have the hearing |
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conducted before: |
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(1) a hearing examiner; or |
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(2) the board of trustees or a subcommittee designated |
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by the board. |
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(d) The school district shall notify the commissioner of the |
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school district's choice under Subsection (c). |
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SECTION 3. The heading to Section 21.258, Education Code, |
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is amended to read as follows: |
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Sec. 21.258. CONSIDERATION OF RECOMMENDATION OF HEARING |
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EXAMINER BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE. |
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SECTION 4. The heading to Section 21.259, Education Code, |
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is amended to read as follows: |
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Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD |
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SUBCOMMITTEE AFTER CONSIDERATION OF RECOMMENDATION OF HEARING |
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EXAMINER. |
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SECTION 5. Subchapter F, Chapter 21, Education Code, is |
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amended by adding Section 21.2595 to read as follows: |
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Sec. 21.2595. HEARING BY BOARD OF TRUSTEES OR BOARD |
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SUBCOMMITTEE; DECISION. (a) If the school district chooses to have |
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a hearing before the board of trustees or a subcommittee designated |
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by the board, the board or subcommittee shall conduct the hearing as |
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provided by this section. |
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(b) The board of trustees or board subcommittee has the same |
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authority as a hearing examiner and the hearing is subject to the |
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same requirements and shall be conducted in the same manner as |
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provided under Sections 21.255 and 21.256. The school district and |
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the teacher have the same rights and responsibilities as provided |
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by Sections 21.255 and 21.256. |
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(c) Not later than the 60th day after the date on which the |
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district receives a copy of the teacher's written request for a |
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hearing, the board of trustees or board subcommittee shall complete |
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the hearing and shall announce a decision that: |
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(1) includes findings of fact and conclusions of law; |
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and |
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(2) may include a grant of relief. |
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(d) A determination by the board of trustees or board |
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subcommittee regarding good cause for the suspension of a teacher |
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without pay or the termination of a probationary, continuing, or |
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term contract is a conclusion of law. |
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SECTION 6. Section 21.260, Education Code, is amended to |
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read as follows: |
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Sec. 21.260. RECORDING OF BOARD PROCEEDINGS [MEETING AND
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ANNOUNCEMENT]. A certified shorthand reporter shall record the |
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oral argument under Section 21.258 and the announcement of a [the] |
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decision under Section 21.259 or 21.2595. The school district |
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shall bear the cost of the services of the certified shorthand |
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reporter. |
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SECTION 7. Sections 21.301(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) Not later than the 20th day after the date the board of |
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trustees or board subcommittee announces its decision under Section |
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21.259 or 21.2595 or the board advises the teacher of its decision |
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not to renew the teacher's contract under Section 21.208, the |
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teacher may appeal the decision by filing a petition for review with |
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the commissioner. |
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(c) The commissioner shall review, as applicable, the |
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record of the hearing before the hearing examiner and the oral |
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argument before the board of trustees or board subcommittee or the |
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record of the hearing before the board of trustees or board |
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subcommittee. Except as provided in Section 21.302, the |
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commissioner shall consider the appeal solely on the basis of the |
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local record and may not consider any additional evidence or issue. |
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The commissioner, on the motion of a party or on the commissioner's |
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motion, may hear oral argument. The commissioner shall accept |
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written argument. |
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SECTION 8. Section 21.302(a), Education Code, is amended to |
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read as follows: |
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(a) If a party alleges that procedural irregularities that |
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are not reflected in the local record occurred at a [the] hearing |
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under Subchapter F [before the hearing examiner], the commissioner |
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may hold a hearing for the presentation of evidence on that issue. |
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The party alleging that procedural irregularities occurred shall |
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identify the specific alleged defect and its claimed effect on the |
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board's or board subcommittee's decision. The commissioner may |
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make appropriate orders consistent with rules adopted by the |
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commissioner. The commissioner's determination on any alleged |
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procedural irregularities is final and may not be appealed. |
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SECTION 9. Sections 21.303(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) If the board of trustees or board subcommittee decided |
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not to renew a teacher's term contract, the commissioner may not |
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substitute the commissioner's judgment for that of the board or |
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subcommittee [of trustees] unless the decision was arbitrary, |
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capricious, or unlawful or is not supported by substantial |
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evidence. |
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(b) If the board of trustees or board subcommittee |
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terminated a teacher's probationary, continuing, or term contract |
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during the contract term or suspended a teacher without pay, the |
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commissioner may not substitute the commissioner's judgment for |
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that of the board or subcommittee unless: |
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(1) if the board or subcommittee accepted the hearing |
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examiner's findings of fact without modification, the decision is |
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arbitrary, capricious, or unlawful or is not supported by |
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substantial evidence; [or] |
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(2) if the board or subcommittee modified the hearing |
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examiner's findings of fact, the decision is arbitrary, capricious, |
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or unlawful or the hearing examiner's original findings of fact are |
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not supported by substantial evidence; or |
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(3) the decision of the board or subcommittee in a |
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hearing under Section 21.2595 is arbitrary, capricious, or unlawful |
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or the original findings of fact of the board or subcommittee are |
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not supported by substantial evidence. |
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SECTION 10. Sections 21.304(d) and (e), Education Code, are |
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amended to read as follows: |
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(d) The commissioner shall maintain and index decisions of |
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the commissioner issued under this section with, as applicable: |
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(1) the recommendations or decisions of the hearing |
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examiner; or |
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(2) the decisions of the board of trustees or board |
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subcommittee announced under Section 21.2595. |
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(e) If the commissioner reverses the action of the board of |
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trustees or board subcommittee, the commissioner shall order the |
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school district to reinstate the teacher and to pay the teacher any |
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back pay and employment benefits from the time of discharge or |
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suspension to reinstatement. |
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SECTION 11. Section 21.305(a), Education Code, is amended |
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to read as follows: |
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(a) If a teacher appeals the decision of the board of |
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trustees or board subcommittee, the school district shall bear the |
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cost of preparing the original transcripts of, as applicable: |
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(1) the hearing before the hearing examiner[;] and |
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[(2)] the oral argument before the board of trustees |
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or board subcommittee; or |
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(2) the hearing before the board or subcommittee under |
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Section 21.2595. |
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SECTION 12. Section 21.253, Education Code, as amended by |
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this Act, applies only to a written notice of a proposed decision |
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described by Section 21.251, Education Code, received by a teacher |
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on or after the effective date of this Act. |
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SECTION 13. This Act takes effect September 1, 2017. |