Texas 2011 - 82nd 1st C.S.

Texas House Bill HB19 Compare Versions

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1	1	82S10104 CAS-D
2	2	By: Aycock H.B. No. 19
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to hearings on public school educator contracts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter C, Chapter 21, Education Code, is
10	10	amended by adding Section 21.1041 to read as follows:
11	11	Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A
12	12	teacher is entitled to:
13	13	(1) a hearing as provided by Subchapter F, if the
14	14	teacher is protesting proposed action under Section 21.104; or
15	15	(2) a hearing in a manner provided under Section
16	16	21.207 for nonrenewal of a term contract or a hearing provided by
17	17	Subchapter F, as determined by the board of trustees of the
18	18	district, if the teacher is protesting proposed action to terminate
19	19	a probationary contract before the end of the contract period on the
20	20	basis of a financial exigency declared under Section 44.011 that
21	21	requires a reduction in personnel.
22	22	SECTION 2. Section 21.159(b), Education Code, is amended to
23	23	read as follows:
24	24	(b) A teacher who notifies the board of trustees within the
25	25	time prescribed by Subsection (a) is entitled to:
26	26	(1) a hearing as provided by Subchapter F, if the
27	27	teacher is protesting proposed action under Section 21.156; or
28	28	(2) a hearing in a manner provided under Section
29	29	21.207 for nonrenewal of a term contract or a hearing provided by
30	30	Subchapter F, as determined by the board, if the teacher is
31	31	protesting proposed action under Section 21.157 or proposed action
32	32	to terminate a term contract at any time on the basis of a financial
33	33	exigency declared under Section 44.011 that requires a reduction in
34	34	personnel.
35	35	SECTION 3. Section 21.207, Education Code, is amended by
36	36	adding Subsection (b-1) and amending Subsection (c) to read as
37	37	follows:
38	38	(b-1) The board of trustees may designate an attorney
39	39	licensed to practice law in this state to hold the hearing on behalf
40	40	of the board, to create a hearing record for the board's
41	41	consideration and action, and to recommend an action to the board.
42	42	The attorney serving as the board's designee may not be employed by
43	43	a school district and neither the designee nor a law firm with which
44	44	the designee is associated may be serving as an agent or
45	45	representative of a school district, of a teacher in a dispute
46	46	between a district and a teacher, or of an organization of school
47	47	employees, school administrators, or school boards of trustees.
48	48	Not later than the 15th day after the completion of the hearing
49	49	under this subsection, the board's designee shall provide to the
50	50	board a record of the hearing and the designee's recommendation of
51	51	whether the contract should be renewed or not renewed. The board
52	52	shall consider the record of the hearing and the designee's
53	53	recommendation at the first board meeting for which notice can be
54	54	posted in compliance with Chapter 551, Government Code, following
55	55	the receipt of the record and recommendation from the board's
56	56	designee, unless the parties agree in writing to a different date.
57	57	At the meeting, the board shall consider the hearing record and the
58	58	designee's recommendation and allow each party to present an oral
59	59	argument to the board. The board by written policy may limit the
60	60	amount of time for oral argument. The policy must provide equal time
61	61	for each party. The board may obtain advice concerning legal
62	62	matters from an attorney who has not been involved in the
63	63	proceedings. The board may accept, reject, or modify the designee's
64	64	recommendation. The board shall notify the teacher in writing of
65	65	the board's decision not later than the 15th day after the date of
66	66	the meeting.
67	67	(c) At the hearing before the board or the board's designee,
68	68	the teacher may:
69	69	(1) be represented by a representative of the
70	70	teacher's choice;
71	71	(2) hear the evidence supporting the reason for
72	72	nonrenewal;
73	73	(3) cross-examine adverse witnesses; and
74	74	(4) present evidence.
75	75	SECTION 4. Section 21.251, Education Code, is amended to
76	76	read as follows:
77	77	Sec. 21.251. APPLICABILITY. (a) This subchapter applies
78	78	if a teacher requests a hearing after receiving notice of the
79	79	proposed decision to:
80	80	(1) terminate the teacher's continuing contract at any
81	81	time, except as provided by Subsection (b)(3);
82	82	(2) terminate the teacher's probationary or term
83	83	contract before the end of the contract period, except as provided
84	84	by Subsection (b)(3); or
85	85	(3) suspend the teacher without pay.
86	86	(b) This subchapter does not apply to:
87	87	(1) a decision to terminate a teacher's employment at
88	88	the end of a probationary contract; [or]
89	89	(2) a decision not to renew a teacher's term contract,
90	90	unless the board of trustees of the employing district has decided
91	91	to use the process prescribed by this subchapter for that purpose;
92	92	or
93	93	(3) a decision, on the basis of a financial exigency
94	94	declared under Section 44.011 that requires a reduction in
95	95	personnel, to terminate a probationary or term contract before the
96	96	end of the contract period or to terminate a continuing contract at
97	97	any time, unless the board of trustees has decided to use the
98	98	process prescribed by this subchapter for that purpose.
99	99	SECTION 5. Subchapter A, Chapter 44, Education Code, is
100	100	amended by adding Section 44.011 to read as follows:
101	101	Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees
102	102	of a school district may adopt a resolution declaring a financial
103	103	exigency for the district. The declaration expires at the end of the
104	104	fiscal year during which the declaration is made unless the board
105	105	adopts a resolution before the end of the fiscal year declaring
106	106	continuation of the financial exigency for the following fiscal
107	107	year.
108	108	(b) The board is not limited in the number of times the board
109	109	may adopt a resolution declaring continuation of the financial
110	110	exigency.
111	111	(c) A board may terminate a financial exigency declaration
112	112	at any time if the board considers it appropriate.
113	113	(d) Each time the board adopts a resolution under this
114	114	section, the board must notify the commissioner. The commissioner
115	115	by rule shall prescribe the time and manner in which notice must be
116	116	given to the commissioner under this subsection.
117	117	SECTION 6. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect on the 91st day after the last day of the
122	122	legislative session.