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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring school districts to employ certain educators |
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who retired or resigned because of the coronavirus disease |
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pandemic. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 21, Education Code, is |
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amended by adding Section 21.010 to read as follows: |
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Sec. 21.010. EDUCATOR RESIGNATION OR RETIREMENT AFTER |
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2019-2020 SCHOOL YEAR OR DURING 2020-2021 SCHOOL YEAR. (a) In this |
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section, "employment action" means an action that affects an |
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employee's compensation, promotion, demotion, transfer, work |
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assignment, or performance evaluation. |
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(b) Beginning with the 2021-2022 school year, an educator |
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employed by a school district for the 2019-2020 or 2020-2021 school |
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year who resigned or retired from the educator's position after the |
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2019-2020 school year or during the 2020-2021 school year solely |
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because of the coronavirus disease (COVID-19) pandemic is entitled |
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to: |
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(1) reinstatement to the educator's former position or |
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an equivalent position; and |
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(2) reinstatement of any fringe benefits and seniority |
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rights that the educator was entitled to before the educator's |
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resignation or retirement. |
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(c) If an educator returns to employment as provided by |
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Subsection (b), a school district may not take any adverse |
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employment action against the educator based on the educator's |
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decision to resign or retire after the 2019-2020 school year or |
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during the 2020-2021 school year. |
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(d) The commissioner shall adopt rules as necessary to |
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implement this section. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. 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, 2021. |