82R10006 VOO-D
By: Rodriguez S.B. No. 1093
A BILL TO BE ENTITLED
AN ACT
relating to requirements regarding the employment by school
districts of educational support employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 22, Education Code, is
amended by adding Section 22.011 to read as follows:
Sec. 22.011. EMPLOYMENT OF EDUCATIONAL SUPPORT EMPLOYEES.
(a) In this section, "educational support employee" means an
employee of a school district who:
(1) is not entitled under Section 21.002 to be
employed under a contract; and
(2) is not an administrator.
(b) The board of trustees of a school district shall adopt a
written employment policy consistent with this section for
educational support employees. The policy must:
(1) provide for a probationary period of employment of
not more than 135 days for educational support employees employed
by the district for the first time;
(2) provide for a written evaluation at least annually
of the performance of each educational support employee employed by
the district;
(3) specify the grounds on which the district may
terminate the employment of a nonprobationary educational support
employee; and
(4) specify the procedure the district must use in
terminating the employment of a nonprobationary educational
support employee.
(c) A person who proposes to terminate the employment of a
nonprobationary educational support employee must present the
employee with written notice that includes a statement of the
grounds for the proposed termination and any other material facts
related to the proposed termination.
(d) The superintendent must review the grounds for the
proposed termination of the employment of a nonprobationary
educational support employee and any other material facts related
to the proposed termination. On timely written request of the
educational support employee, the superintendent must conduct a
termination review proceeding that allows the employee to respond
to the proposed termination orally and in writing. The
superintendent may designate a school district administrator to
perform the superintendent's duties under this subsection. An
administrator designated under this subsection must be a superior
of the educational support employee.
(e) This section does not limit any rights granted to an
educational support employee under a policy adopted by the board of
trustees of a school district.
SECTION 2. This Act applies beginning with the 2011-2012
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.