By: West, et al. S.B. No. 912
(In the Senate - Filed February 24, 2011; February 28, 2011, read
first time and referred to Committee on Education; March 2, 2011,
reported favorably by the following vote: Yeas 8, Nays 0;
March 2, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to temporary modification under certain circumstances of
procedures authorized for the nonrenewal of public school teacher
term contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 21, Education Code, is
amended by adding Section 21.2071 to read as follows:
Sec. 21.2071. NONRENEWAL HEARING UNDER TERM CONTRACT;
REDUCTION IN PERSONNEL OR PROGRAM CHANGE. (a) Notwithstanding any
other provision of this chapter, the board of trustees of a school
district may hold or provide for a hearing under this section if the
board orders a reduction in personnel on the basis of, as determined
by the board, financial exigency or a program change.
(b) If a teacher desires a hearing after receiving notice of
the proposed nonrenewal of the teacher's term contract under
Section 21.206, the teacher shall notify the board of trustees of
the school district in writing not later than the 30th day after the
date the teacher receives the notice of the proposed nonrenewal. A
hearing held by the board under this section or held by the board's
designee under Subsection (d) must be held not later than the 15th
day after the date the board receives the request for a hearing
unless the parties agree in writing to a different date.
(c) A hearing held by the board of trustees under this
section or held by the board's designee under Subsection (d) must
be:
(1) closed unless the teacher requests an open
hearing; and
(2) conducted in accordance with rules adopted by the
board.
(d) The board of trustees may designate an attorney licensed
to practice law in this state to hold the hearing on behalf of the
board, to create a hearing record for the board's consideration and
action, and to recommend an action to the board. The attorney
serving as the board's designee may not be employed by a school
district, and neither the designee nor a law firm with which the
designee is associated may be serving as an agent or representative
of a school district, of a teacher in a dispute between a district
and a teacher, or of an organization of school employees, school
administrators, or school boards of trustees. Not later than the
15th day after the completion of the hearing under this subsection,
the board's designee shall provide to the board a record of the
hearing and the designee's recommendation of whether the contract
should be renewed or not renewed. The board shall consider the
record of the hearing and the designee's recommendation at the
first board meeting for which notice can be posted in compliance
with Chapter 551, Government Code, following the receipt of the
record and recommendation from the board's designee, unless the
parties agree in writing to a different date. At the meeting, the
board shall consider the hearing record and the designee's
recommendation and allow each party to present an oral argument to
the board. The board by written policy may limit the amount of time
for oral argument. The policy must provide equal time for each
party. The board may obtain advice concerning legal matters from an
attorney who has not been involved in the proceedings. The board
may accept, reject, or modify the designee's recommendation. The
board shall notify the teacher in writing of the board's decision
not later than the 15th day after the date of the meeting.
(e) At a hearing under this section, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for
nonrenewal;
(3) cross-examine adverse witnesses; and
(4) present evidence.
(f) Notwithstanding any other provision of this section, in
lieu of the board of trustees holding a hearing under this section
or designating an attorney to hold a hearing under Subsection (d),
the board may use the process established under Subchapter F.
(g) This section expires December 31, 2011.
SECTION 2. 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.
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