Texas 2011 - 82nd Regular

Texas Senate Bill SB912 Compare Versions

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1	1	By: West, et al. S.B. No. 912
2	2	(In the Senate - Filed February 24, 2011; February 28, 2011, read
3	3	first time and referred to Committee on Education; March 2, 2011,
4	4	reported favorably by the following vote: Yeas 8, Nays 0;
5	5	March 2, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to temporary modification under certain circumstances of
11	11	procedures authorized for the nonrenewal of public school teacher
12	12	term contracts.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter E, Chapter 21, Education Code, is
15	15	amended by adding Section 21.2071 to read as follows:
16	16	Sec. 21.2071. NONRENEWAL HEARING UNDER TERM CONTRACT;
17	17	REDUCTION IN PERSONNEL OR PROGRAM CHANGE. (a) Notwithstanding any
18	18	other provision of this chapter, the board of trustees of a school
19	19	district may hold or provide for a hearing under this section if the
20	20	board orders a reduction in personnel on the basis of, as determined
21	21	by the board, financial exigency or a program change.
22	22	(b) If a teacher desires a hearing after receiving notice of
23	23	the proposed nonrenewal of the teacher's term contract under
24	24	Section 21.206, the teacher shall notify the board of trustees of
25	25	the school district in writing not later than the 30th day after the
26	26	date the teacher receives the notice of the proposed nonrenewal. A
27	27	hearing held by the board under this section or held by the board's
28	28	designee under Subsection (d) must be held not later than the 15th
29	29	day after the date the board receives the request for a hearing
30	30	unless the parties agree in writing to a different date.
31	31	(c) A hearing held by the board of trustees under this
32	32	section or held by the board's designee under Subsection (d) must
33	33	be:
34	34	(1) closed unless the teacher requests an open
35	35	hearing; and
36	36	(2) conducted in accordance with rules adopted by the
37	37	board.
38	38	(d) The board of trustees may designate an attorney licensed
39	39	to practice law in this state to hold the hearing on behalf of the
40	40	board, to create a hearing record for the board's consideration and
41	41	action, and to recommend an action to the board. The attorney
42	42	serving as the board's designee may not be employed by a school
43	43	district, and neither the designee nor a law firm with which the
44	44	designee is associated may be serving as an agent or representative
45	45	of a school district, of a teacher in a dispute between a district
46	46	and a teacher, or of an organization of school employees, school
47	47	administrators, or school boards of trustees. Not later than the
48	48	15th day after the completion of the hearing under this subsection,
49	49	the board's designee shall provide to the board a record of the
50	50	hearing and the designee's recommendation of whether the contract
51	51	should be renewed or not renewed. The board shall consider the
52	52	record of the hearing and the designee's recommendation at the
53	53	first board meeting for which notice can be posted in compliance
54	54	with Chapter 551, Government Code, following the receipt of the
55	55	record and recommendation from the board's designee, unless the
56	56	parties agree in writing to a different date. At the meeting, the
57	57	board shall consider the hearing record and the designee's
58	58	recommendation and allow each party to present an oral argument to
59	59	the board. The board by written policy may limit the amount of time
60	60	for oral argument. The policy must provide equal time for each
61	61	party. The board may obtain advice concerning legal matters from an
62	62	attorney who has not been involved in the proceedings. The board
63	63	may accept, reject, or modify the designee's recommendation. The
64	64	board shall notify the teacher in writing of the board's decision
65	65	not later than the 15th day after the date of the meeting.
66	66	(e) At a hearing under this section, the teacher may:
67	67	(1) be represented by a representative of the
68	68	teacher's choice;
69	69	(2) hear the evidence supporting the reason for
70	70	nonrenewal;
71	71	(3) cross-examine adverse witnesses; and
72	72	(4) present evidence.
73	73	(f) Notwithstanding any other provision of this section, in
74	74	lieu of the board of trustees holding a hearing under this section
75	75	or designating an attorney to hold a hearing under Subsection (d),
76	76	the board may use the process established under Subchapter F.
77	77	(g) This section expires December 31, 2011.
78	78	SECTION 2. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2011.
83	83	* * * * *