| 1 | 1 | | 81R5087 CAE-D |
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| 2 | 2 | | By: King of Zavala H.B. No. 1501 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to information provided by a superintendent or principal |
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| 8 | 8 | | regarding the performance of a school district or campus employee |
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| 9 | 9 | | to a prospective employer of the employee. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11.201, Education Code, is amended by |
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| 12 | 12 | | adding Subsection (f) to read as follows: |
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| 13 | 13 | | (f) A superintendent may provide information regarding the |
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| 14 | 14 | | performance of a current or former district employee to a |
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| 15 | 15 | | prospective employer of the employee. |
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| 16 | 16 | | SECTION 2. Section 11.202, Education Code, is amended by |
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| 17 | 17 | | adding Subsection (e) to read as follows: |
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| 18 | 18 | | (e) A principal may provide information regarding the |
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| 19 | 19 | | performance of a current or former campus employee to a prospective |
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| 20 | 20 | | employer of the employee. |
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| 21 | 21 | | SECTION 3. Section 21.355, Education Code, is amended to |
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| 22 | 22 | | read as follows: |
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| 23 | 23 | | Sec. 21.355. CONFIDENTIALITY. (a) Except as provided by |
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| 24 | 24 | | Subsection (b), a [A] document evaluating the performance of a |
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| 25 | 25 | | teacher or administrator is confidential. |
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| 26 | 26 | | (b) The principal of a school or superintendent of a school |
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| 27 | 27 | | district may discuss information contained in a document evaluating |
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| 28 | 28 | | the performance of an educator currently or formerly employed by |
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| 29 | 29 | | the school or district with a prospective employer of the educator. |
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| 30 | 30 | | SECTION 4. Section 22.0511, Education Code, is amended by |
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| 31 | 31 | | adding Subsection (e) to read as follows: |
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| 32 | 32 | | (e) A principal or superintendent is not personally liable |
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| 33 | 33 | | for a statement made in good faith by the principal or |
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| 34 | 34 | | superintendent regarding the performance of a current or former |
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| 35 | 35 | | employee to a prospective employer. |
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| 36 | 36 | | SECTION 5. Section 22.0511, Education Code, as amended by |
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| 37 | 37 | | this Act, applies only to information provided by a superintendent |
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| 38 | 38 | | or principal to the prospective employer of a current or former |
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| 39 | 39 | | school district or campus employee on or after the effective date of |
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| 40 | 40 | | this Act. Information provided by a superintendent or principal to |
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| 41 | 41 | | the prospective employer of a current or former school district or |
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| 42 | 42 | | campus employee before the effective date of this Act is governed by |
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| 43 | 43 | | the law in effect at the time the information was provided, and that |
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| 44 | 44 | | law is continued in effect for that purpose. |
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| 45 | 45 | | SECTION 6. This Act takes effect September 1, 2009. |
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