| 1 | 1 | | 81R921 CAE-D |
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| 2 | 2 | | By: Dukes H.B. No. 202 |
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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 the guaranteed benefits of a public school educator. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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| 10 | 10 | | amended by adding Section 21.0411 to read as follows: |
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| 11 | 11 | | Sec. 21.0411. DENIAL OF GUARANTEED BENEFITS. (a) It is a |
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| 12 | 12 | | violation of the educator's code of ethics adopted under Section |
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| 13 | 13 | | 21.041 for a principal, supervisor, or administrator to deny an |
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| 14 | 14 | | educator a benefit provided to the educator under this chapter or |
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| 15 | 15 | | Chapter 22, including: |
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| 16 | 16 | | (1) planning and preparation time as provided by |
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| 17 | 17 | | Section 21.404; |
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| 18 | 18 | | (2) a duty-free lunch as provided by Section 21.405; |
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| 19 | 19 | | and |
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| 20 | 20 | | (3) personal leave as provided by Section 22.003. |
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| 21 | 21 | | (b) A principal, supervisor, or administrator may not |
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| 22 | 22 | | retaliate against an educator for asserting the educator's right to |
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| 23 | 23 | | a benefit under this chapter or Chapter 22. Actions that may be |
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| 24 | 24 | | considered retaliation under this subsection include: |
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| 25 | 25 | | (1) suspending or terminating the employment of the |
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| 26 | 26 | | educator; and |
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| 27 | 27 | | (2) taking other adverse personnel action against the |
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| 28 | 28 | | educator, including reassigning the educator or giving the educator |
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| 29 | 29 | | a negative appraisal. |
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| 30 | 30 | | (c) The board shall issue sanctions against a principal, |
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| 31 | 31 | | supervisor, or administrator who violates this section. Sanctions |
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| 32 | 32 | | may include: |
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| 33 | 33 | | (1) issuing a reprimand; |
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| 34 | 34 | | (2) placing a restriction on the certificate of the |
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| 35 | 35 | | principal, supervisor, or administrator; |
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| 36 | 36 | | (3) suspending the certificate of the principal, |
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| 37 | 37 | | supervisor, or administrator; or |
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| 38 | 38 | | (4) revoking or canceling the certificate of the |
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| 39 | 39 | | principal, supervisor, or administrator. |
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| 40 | 40 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 41 | 41 | | school year. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2009. |
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