87R1198 MEW-D
 
  By: Menéndez S.B. No. 256
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring school districts to employ certain educators
  who retired or resigned because of the coronavirus disease
  pandemic.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 21, Education Code, is
  amended by adding Section 21.010 to read as follows:
         Sec. 21.010.  EDUCATOR RESIGNATION OR RETIREMENT AFTER
  2019-2020 SCHOOL YEAR OR DURING 2020-2021 SCHOOL YEAR. (a) In this
  section, "employment action" means an action that affects an
  employee's compensation, promotion, demotion, transfer, work
  assignment, or performance evaluation.
         (b)  Beginning with the 2021-2022 school year, an educator
  employed by a school district for the 2019-2020 or 2020-2021 school
  year who resigned or retired from the educator's position after the
  2019-2020 school year or during the 2020-2021 school year solely
  because of the coronavirus disease (COVID-19) pandemic is entitled
  to:
               (1)  reinstatement to the educator's former position or
  an equivalent position; and
               (2)  reinstatement of any fringe benefits and seniority
  rights that the educator was entitled to before the educator's
  resignation or retirement.
         (c)  If an educator returns to employment as provided by
  Subsection (b), a school district may not take any adverse
  employment action against the educator based on the educator's
  decision to resign or retire after the 2019-2020 school year or
  during the 2020-2021 school year. 
         (d)  The commissioner shall adopt rules as necessary to
  implement this section.
         SECTION 2.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 3.  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, 2021.