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AN ACT
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relating to the ability of public school teachers to maintain |
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student discipline without being subjected to adverse employment |
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consequences. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.351, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In adopting criteria described by Subsection (a)(1), |
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the commissioner shall ensure that a teacher may not be assigned an |
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area of deficiency in an appraisal solely on the basis of |
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disciplinary referrals made by the teacher or documentation |
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regarding student conduct submitted by the teacher under Section |
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37.002. This subsection does not prohibit a teacher from being |
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assigned an area of deficiency based on documented evidence of a |
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deficiency in classroom management obtained through observation or |
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a substantiated report. |
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SECTION 2. Section 21.352, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A school district may not assign an area of deficiency |
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to a teacher solely on the basis of disciplinary referrals made by |
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the teacher or documentation regarding student conduct submitted by |
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the teacher under Section 37.002. This subsection does not |
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prohibit a teacher from being assigned an area of deficiency based |
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on documented evidence of a deficiency in classroom management |
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obtained through observation or a substantiated report. |
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SECTION 3. Section 37.002, Education Code, is amended by |
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adding Subsections (b-1) and (e) to read as follows: |
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(b-1) A teacher may document any conduct by a student that |
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does not conform to the student code of conduct adopted under |
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Section 37.001 and may submit that documentation to the principal. |
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A school district may not discipline a teacher on the basis of |
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documentation submitted under this subsection. |
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(e) A student who is sent to the campus behavior |
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coordinator's or other administrator's office under Subsection (a) |
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or removed from class under Subsection (b) is not considered to have |
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been removed from the classroom for the purposes of reporting data |
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through the Public Education Information Management System (PEIMS) |
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or other similar reports required by state or federal law. |
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SECTION 4. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 5. 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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1451 passed the Senate on |
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April 11, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2019, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1451 passed the House, with |
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amendment, on May 22, 2019, by the following vote: Yeas 124, |
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Nays 20, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |