| 1 | 1 | | 81R11151 JSC-D |
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| 2 | 2 | | By: Moody H.B. No. 4163 |
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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 requirements regarding the employment by school |
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| 8 | 8 | | districts of educational support employees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 22, Education Code, is |
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| 11 | 11 | | amended by adding Section 22.011 to read as follows: |
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| 12 | 12 | | Sec. 22.011. EMPLOYMENT OF EDUCATIONAL SUPPORT EMPLOYEES. |
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| 13 | 13 | | (a) In this section, "educational support employee" means an |
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| 14 | 14 | | employee of a school district who: |
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| 15 | 15 | | (1) is not entitled under Section 21.002 to be |
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| 16 | 16 | | employed under a contract; and |
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| 17 | 17 | | (2) is not an administrator. |
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| 18 | 18 | | (b) The board of trustees of a school district shall adopt a |
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| 19 | 19 | | written employment policy consistent with this section for |
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| 20 | 20 | | educational support employees. The policy must: |
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| 21 | 21 | | (1) provide for a probationary period of employment of |
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| 22 | 22 | | not more than 135 days for educational support employees employed |
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| 23 | 23 | | by the district for the first time; |
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| 24 | 24 | | (2) provide for a written evaluation at least annually |
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| 25 | 25 | | of the performance of each educational support employee employed by |
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| 26 | 26 | | the district; |
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| 27 | 27 | | (3) specify the grounds on which the district may |
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| 28 | 28 | | terminate the employment of a nonprobationary educational support |
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| 29 | 29 | | employee; and |
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| 30 | 30 | | (4) specify the procedure the district must use in |
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| 31 | 31 | | terminating the employment of a nonprobationary educational |
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| 32 | 32 | | support employee. |
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| 33 | 33 | | (c) A person who proposes to terminate the employment of a |
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| 34 | 34 | | nonprobationary educational support employee must present the |
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| 35 | 35 | | employee with written notice that includes a statement of the |
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| 36 | 36 | | grounds for the proposed termination and any other material facts |
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| 37 | 37 | | related to the proposed termination. |
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| 38 | 38 | | (d) The superintendent must review the grounds for the |
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| 39 | 39 | | proposed termination of the employment of a nonprobationary |
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| 40 | 40 | | educational support employee and any other material facts related |
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| 41 | 41 | | to the proposed termination. On timely written request of the |
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| 42 | 42 | | educational support employee, the superintendent must conduct a |
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| 43 | 43 | | termination review proceeding that allows the employee to respond |
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| 44 | 44 | | to the proposed termination orally and in writing. The |
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| 45 | 45 | | superintendent may designate a school district administrator to |
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| 46 | 46 | | perform the superintendent's duties under this subsection. An |
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| 47 | 47 | | administrator designated under this subsection must be a superior |
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| 48 | 48 | | of the educational support employee. |
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| 49 | 49 | | (e) This section does not limit any rights granted to an |
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| 50 | 50 | | educational support employee under a policy adopted by the board of |
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| 51 | 51 | | trustees of a school district. |
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| 52 | 52 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 53 | 53 | | school year. |
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| 54 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
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| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
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| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
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| 58 | 58 | | Act takes effect September 1, 2009. |
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