87R17332 ANG-D
 
  By: Darby, Huberty, Murr, Dutton, Talarico H.B. No. 2519
 
  Substitute the following for H.B. No. 2519:
 
  By:  Dutton C.S.H.B. No. 2519
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to matters regarding educators, including the composition
  of the State Board for Educator Certification, the issuance of
  certain sanctions by the board, and a public school teacher's
  notification of resignation from employment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.033, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  At least two of the members appointed under Subsection
  (a)(1), (2), or (3) must be from a school district eligible for an
  allotment under Section 48.101.
         SECTION 2.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.065 to read as follows:
         Sec. 21.065.  NOTICE TO TEACHER REGARDING SUSPENSION OF
  CERTIFICATE OR PERMIT. (a) In this section, "teacher" means a
  superintendent, principal, supervisor, classroom teacher, school
  counselor, paraprofessional, or other full-time professional
  employee who is required to hold a certificate issued under this
  subchapter.
         (b)  On the suspension of a teacher's certificate or permit
  issued under this subchapter, the board shall promptly notify the
  teacher of the suspension by certified mail. The notice must
  include:
               (1)  the basis for the suspension; and
               (2)  information regarding the method in which the
  teacher may respond to the suspension.
         SECTION 3.  Section 21.105, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (d) and (e)
  to read as follows:
         (a)  A teacher employed under a probationary contract for the
  following school year may relinquish the position and leave the
  employment of the district at the end of a school year without
  penalty by filing with the board of trustees or its designee a
  written resignation not later than the 30th [45th] day before the
  first day of instruction of the following school year. A written
  resignation mailed by prepaid certified or registered mail to the
  president of the board of trustees or the board's designee at the
  post office address of the district is considered filed at the time
  of mailing.
         (c)  Subject to Subsection (e), on [On] written complaint by
  the employing district, the State Board for Educator Certification
  may impose sanctions against a teacher employed under a
  probationary contract who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (d)  If a school district submits a complaint regarding a
  teacher to the State Board for Educator Certification under
  Subsection (c), the district shall promptly notify the teacher of
  the complaint. The notice must include:
               (1)  the basis of the complaint;
               (2)  information regarding how the teacher may contact
  the State Board for Educator Certification; and
               (3)  a reminder that the teacher should verify that the
  teacher's mailing address on file with the State Board for Educator
  Certification is current.
         (e)  Before imposing sanctions against a teacher under
  Subsection (c), the State Board for Educator Certification:
               (1)  must consider any mitigating factors relevant to
  the teacher's conduct; and
               (2)  may consider alternatives to sanctions, including
  additional continuing education or training.
         SECTION 4.  Section 21.160, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (d) and (e)
  to read as follows:
         (a)  A teacher employed under a continuing contract may
  relinquish the position and leave the employment of the district at
  the end of a school year without penalty by filing with the board of
  trustees or its designee a written resignation not later than the
  30th [45th] day before the first day of instruction of the following
  school year. A written resignation mailed by prepaid certified or
  registered mail to the president of the board of trustees or the
  board's designee at the post office address of the district is
  considered filed at time of mailing.
         (c)  Subject to Subsection (e), on [On] written complaint by
  the employing district, the State Board for Educator Certification
  may impose sanctions against a teacher who is employed under a
  continuing contract that obligates the district to employ the
  person for the following school year and who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (d)  If a school district submits a complaint regarding a
  teacher to the State Board for Educator Certification under
  Subsection (c), the district shall promptly notify the teacher of
  the complaint. The notice must include:
               (1)  the basis of the complaint;
               (2)  information regarding how the teacher may contact
  the State Board for Educator Certification; and
               (3)  a reminder that the teacher should verify that the
  teacher's mailing address on file with the State Board for Educator
  Certification is current.
         (e)  Before imposing sanctions against a teacher under
  Subsection (c), the State Board for Educator Certification:
               (1)  must consider any mitigating factors relevant to
  the teacher's conduct; and
               (2)  may consider alternatives to sanctions, including
  additional continuing education or training.
         SECTION 5.  Section 21.210, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (d) and (e)
  to read as follows:
         (a)  A teacher employed under a term contract with a school
  district may relinquish the teaching position and leave the
  employment of the district at the end of a school year without
  penalty by filing a written resignation with the board of trustees
  or the board's designee not later than the 30th [45th] day before
  the first day of instruction of the following school year. A written
  resignation mailed by prepaid certified or registered mail to the
  president of the board of trustees or the board's designee at the
  post office address of the district is considered filed at the time
  of mailing.
         (c)  Subject to Subsection (e), on [On] written complaint by
  the employing district, the State Board for Educator Certification
  may impose sanctions against a teacher who is employed under a term
  contract that obligates the district to employ the person for the
  following school year and who:
               (1)  resigns;
               (2)  fails without good cause to comply with Subsection
  (a) or (b); and
               (3)  fails to perform the contract.
         (d)  If a school district submits a complaint regarding a
  teacher to the State Board for Educator Certification under
  Subsection (c), the district shall promptly notify the teacher of
  the complaint. The notice must include:
               (1)  the basis of the complaint;
               (2)  information regarding how the teacher may contact
  the State Board for Educator Certification; and
               (3)  a reminder that the teacher should verify that the
  teacher's mailing address on file with the State Board for Educator
  Certification is current.
         (e)  Before imposing sanctions against a teacher under
  Subsection (c), the State Board for Educator Certification:
               (1)  must consider any mitigating factors relevant to
  the teacher's conduct; and
               (2)  may consider alternatives to sanctions, including
  additional continuing education or training.
         SECTION 6.  Section 21.033(a-1), Education Code, as added by
  this Act, requiring that at least two members of the State Board for
  Educator Certification appointed under Subsection (a)(1), (2), or
  (3) of that section be from a school district eligible for an
  allotment under Section 48.101, does not affect the entitlement of
  members described by those subdivisions serving on the board
  immediately before the effective date of this Act to continue to
  carry out the members' duties for the remainder of the members'
  terms. The governor shall appoint members who meet the
  requirements under Section 21.033(a-1), Education Code, as added by
  this Act, if necessary, on the first two vacancies that occur after
  the effective date of this Act of a board position held by a member
  under Subsection (a)(1), (2), or (3) of that section.
         SECTION 7.  Section 21.065, Education Code, as added by this
  Act, applies only to a suspension of a teacher's certificate or
  permit by the State Board for Educator Certification occurring on
  or after the effective date of this Act.
         SECTION 8.  (a)  Sections 21.105(a), 21.160(a), and
  21.210(a), Education Code, as amended by this Act, apply beginning
  with the written resignation required to be filed by a teacher who
  intends to leave employment with a school district at the end of the
  2021-2022 school year.
         (b)  Sections 21.105(d), 21.160(d), and 21.210(d), Education
  Code, as added by this Act, apply only to a complaint submitted to
  the State Board for Educator Certification on or after the
  effective date of this Act.
         (c)  Sections 21.105(e), 21.160(e), and 21.210(e), Education
  Code, as added by this Act, apply only to a disciplinary proceeding
  initiated by the State Board for Educator Certification on or after
  the effective date of this Act. A disciplinary proceeding
  commenced before the effective date of this Act is governed by the
  law in effect immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2021.