87R6278 ANG-D
 
  By: Zaffirini S.B. No. 1238
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to matters regarding educators, including the composition
  of the State Board for Educator Certification, the board's
  disciplinary proceedings, 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 with fewer than
  999 students in membership for purposes of average daily
  attendance.
         SECTION 2.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Sections 21.065, 21.066, and 21.067 to read as
  follows:
         Sec. 21.065.  FINDINGS OF FACT. In adopting findings of fact
  in a disciplinary proceeding initiated under this chapter to
  suspend or revoke a certificate or permit, the board must include in
  the findings any available information regarding the respondent's
  response to the allegations on which the proceeding is based.
         Sec. 21.066.  ALTERNATIVES TO SUSPENSION. Before suspending
  a certificate or permit issued under this subchapter, including for
  a reason related to contract abandonment, the board must consider
  requiring additional continuing education or training as an
  alternative to suspension.
         Sec. 21.067.  NOTICE TO TEACHER REGARDING SUSPENSION OR
  REVOCATION OF CERTIFICATE OR PERMIT. (a) In this section,
  "teacher" means a superintendent, principal, supervisor, classroom
  teacher, school counselor, or other full-time professional
  employee who is required to hold a certificate issued under this
  subchapter.
         (b)  On the suspension or revocation of a teacher's
  certificate or permit issued under this subchapter, the board shall
  promptly notify the teacher of the suspension or revocation by
  certified mail and, if available, e-mail. The notice must include
  the basis for the suspension or revocation.
         SECTION 3.  Section 21.105, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) 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 (d), 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 teacher fails to timely file a written resignation
  as required by Subsection (a), the State Board for Educator
  Certification may not revoke the teacher's certificate under
  Subsection (c) if the teacher:
               (1)  has no disciplinary history with the board; and
               (2)  demonstrates that the notice of resignation given
  was reasonable under the circumstances.
         SECTION 4.  Section 21.160, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) 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 (d), 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 teacher fails to timely file a written resignation
  as required by Subsection (a), the State Board for Educator
  Certification may not revoke the teacher's certificate under
  Subsection (c) if the teacher:
               (1)  has no disciplinary history with the board; and
               (2)  demonstrates that the notice of resignation given
  was reasonable under the circumstances.
         SECTION 5.  Section 21.210, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (d) 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 (d), 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 teacher fails to timely file a written resignation
  as required by Subsection (a), the State Board for Educator
  Certification may not revoke the teacher's certificate under
  Subsection (c) if the teacher:
               (1)  has no disciplinary history with the board; and
               (2)  demonstrates that the notice of resignation given
  was reasonable under the circumstances.
         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 with fewer than 999
  students in membership for purposes of average daily attendance,
  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.  Sections 21.065, 21.066, 21.105(d), 21.160(d),
  and 21.210(d), 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 8.  Section 21.067, Education Code, as added by this
  Act, applies only to a suspension or revocation 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 9.  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.
         SECTION 10.  This Act takes effect September 1, 2021.