82R7870 CAS-D
By: Dutton H.B. No. 1513
A BILL TO BE ENTITLED
AN ACT
relating to hearings on certain public school employee employment
decisions before the board of trustees of a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.1511, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In adopting a process under Subsection (b)(13)
through which school district personnel may obtain a hearing from
the board of trustees regarding a complaint, the hearing must allow
the employee to:
(1) be represented by a representative of the
employee's choice;
(2) as applicable, cross-examine adverse witnesses;
and
(3) present evidence.
SECTION 2. Section 21.258, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) At the meeting, the board of trustees or board
subcommittee shall consider the hearing examiner's recommendation
and shall, unless the teacher requests a full hearing before the
board in accordance with Subsection (b-1), allow each party to
present an oral argument to the board or subcommittee. The board by
written policy may limit the amount of time for oral argument. The
policy must provide equal time for each party.
(b-1) If the teacher requests a full hearing before the
board for consideration of the hearing examiner's recommendation,
each party may:
(1) be represented by a representative of the party's
choice;
(2) hear the evidence supporting the hearing
examiner's recommendation;
(3) cross-examine adverse witnesses; and
(4) present evidence.
SECTION 3. Section 21.259(a), Education Code, is amended to
read as follows:
(a) Not later than the 10th day after the date of the board
meeting under Section 21.258, the board of trustees or board
subcommittee shall announce a decision that:
(1) includes findings of fact and conclusions of law;
(2) complies with Subsections (b), (c), and (d),
unless the board conducted a full hearing as provided by Section
21.258(b-1); and
(3) [(2)] may include a grant of relief.
SECTION 4. Section 21.301(c), Education Code, is amended to
read as follows:
(c) The commissioner shall review the record of the hearing
before the hearing examiner and, as applicable, the oral argument
before the board of trustees or board subcommittee or the hearing
before the board. Except as provided in Section 21.302, the
commissioner shall consider the appeal solely on the basis of the
local record and may not consider any additional evidence or issue.
The commissioner, on the motion of a party or on the commissioner's
motion, may hear oral argument. The commissioner shall accept
written argument.
SECTION 5. Section 21.302(a), Education Code, is amended to
read as follows:
(a) If a party alleges that procedural irregularities that
are not reflected in the local record occurred at the hearing before
the hearing examiner or before the board of trustees, the
commissioner may hold a hearing for the presentation of evidence on
that issue. The party alleging that procedural irregularities
occurred shall identify the specific alleged defect and its claimed
effect on the board's or board subcommittee's decision. The
commissioner may make appropriate orders consistent with rules
adopted by the commissioner. The commissioner's determination on
any alleged procedural irregularities is final and may not be
appealed.
SECTION 6. Section 21.303(b), Education Code, is amended to
read as follows:
(b) If the board of trustees terminated a teacher's
probationary, continuing, or term contract during the contract term
or suspended a teacher without pay, the commissioner may not
substitute the commissioner's judgment for that of the board
unless:
(1) if the board accepted the hearing examiner's
findings of fact without modification, the decision is arbitrary,
capricious, or unlawful or is not supported by substantial
evidence; [or]
(2) if the board modified the hearing examiner's
findings of fact, the decision is arbitrary, capricious, or
unlawful or the hearing examiner's original findings of fact are
not supported by substantial evidence; or
(3) if the board held a hearing under Section
21.258(b-1), the board's decision following the hearing is
arbitrary, capricious, or unlawful or is not supported by
substantial evidence.
SECTION 7. (a) The board of trustees of a school district
shall adopt a process for a hearing in accordance with Section
11.1511(b-1), Education Code, as added by this Act, as soon as
practicable after the effective date of this Act.
(b) Section 21.258, Education Code, as amended by this Act,
applies only to the decision of the board of trustees of a school
district described by Section 21.251, Education Code, made on or
after the effective date of this Act. A decision of the board of
trustees described by Section 21.251, Education Code, made before
the effective date of this Act is governed by the law in effect on
the date the decision was made, and that law is continued in effect
for that purpose.
SECTION 8. This Act takes effect September 1, 2011.