Texas 2015 - 84th Regular

Texas Senate Bill SB1682 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5464 KKA-D
2	2	By: Huffines S.B. No. 1682
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the contract required to be used by school districts in
8	8	employing teachers and other professional employees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. AT-WILL EMPLOYMENT
11	11	SECTION 1.01. Sections 21.002(a) and (b), Education Code,
12	12	are amended to read as follows:
13	13	(a) A school district shall employ each classroom teacher,
14	14	principal, librarian, nurse, or school counselor under a contract
15	15	that establishes an at-will employment relationship between the
16	16	district and the employee [:
17	17	[(1) a probationary contract, as provided by
18	18	Subchapter C;
19	19	[(2) a continuing contract, as provided by Subchapter
20	20	D; or
21	21	[(3) a term contract, as provided by Subchapter E].
22	22	(b) A district is not required to employ a person other than
23	23	an employee listed in Subsection (a) under a [probationary,
24	24	continuing, or term] contract described by that subsection.
25	25	SECTION 1.02. Sections 21.0031(a) and (b), Education Code,
26	26	are amended to read as follows:
27	27	(a) An employee's [probationary, continuing, or term]
28	28	contract under this chapter is void if the employee:
29	29	(1) does not hold a valid certificate or permit issued
30	30	by the State Board for Educator Certification;
31	31	(2) fails to fulfill the requirements necessary to
32	32	renew or extend the employee's temporary, probationary, or
33	33	emergency certificate or any other certificate or permit issued
34	34	under Subchapter B; or
35	35	(3) fails to comply with any requirement under
36	36	Subchapter C, Chapter 22, if the failure results in suspension or
37	37	revocation of the employee's certificate under Section
38	38	22.0831(f)(2).
39	39	(b) If a school district has knowledge that an employee's
40	40	contract is void under Subsection (a):
41	41	(1) the district may[, except as provided by
42	42	Subsection (b-1)]:
43	43	(A) terminate the employee;
44	44	(B) suspend the employee with or without pay; or
45	45	(C) retain the employee for the remainder of the
46	46	school year [on an at-will employment basis] in a position other
47	47	than a position required to be held by an employee under a contract
48	48	under Section 21.002 at the employee's existing rate of pay or at a
49	49	reduced rate; and
50	50	(2) the employee is not entitled to the minimum salary
51	51	prescribed by Section 21.402.
52	52	SECTION 1.03. Subchapter A, Chapter 21, Education Code, is
53	53	amended by adding Section 21.011 to read as follows:
54	54	Sec. 21.011. APPLICATION OF FORMER LAW. A person employed
55	55	under a continuing contract under former Subchapter D, as that
56	56	subchapter existed on January 1, 2015, continues to be subject to
57	57	the rights and duties provided by that subchapter and former
58	58	Subchapters F and G, as those subchapters existed on January 1,
59	59	2015, as long as the person is employed by the same school district.
60	60	SECTION 1.04. Sections 21.058(c), (c-1), and (c-2),
61	61	Education Code, are amended to read as follows:
62	62	(c) A school district or open-enrollment charter school
63	63	that receives notice under Subsection (b) of the revocation of a
64	64	certificate issued under this subchapter shall:
65	65	(1) immediately remove the person whose certificate
66	66	has been revoked from campus or from an administrative office, as
67	67	applicable, to prevent the person from having any contact with a
68	68	student; and
69	69	(2) if the person is employed under a [probationary,
70	70	continuing, or term] contract under this chapter:
71	71	(A) suspend the person without pay;
72	72	(B) provide the person with written notice that
73	73	the person's contract is void as provided by Subsection (c-2); and
74	74	(C) terminate the employment of the person as
75	75	soon as practicable.
76	76	(c-1) If a school district or open-enrollment charter
77	77	school becomes aware that a person employed by the district or
78	78	school under a [probationary, continuing, or term] contract under
79	79	this chapter has been convicted of or received deferred
80	80	adjudication for a felony offense, and the person is not subject to
81	81	Subsection (c), the district or school may:
82	82	(1) suspend the person without pay;
83	83	(2) provide the person with written notice that the
84	84	person's contract is void as provided by Subsection (c-2); and
85	85	(3) terminate the employment of the person as soon as
86	86	practicable.
87	87	(c-2) A person's [probationary, continuing, or term]
88	88	contract is void if the school district or open-enrollment charter
89	89	school takes action under Subsection (c)(2)(B) or (c-1)(2).
90	90	SECTION 1.05. Section 21.4022(c), Education Code, is
91	91	amended to read as follows:
92	92	(c) The board of trustees must hold a public meeting at
93	93	which the board and school district administration present:
94	94	(1) information regarding the options considered for
95	95	managing the district's available resources, including
96	96	consideration of a tax rate increase and use of the district's
97	97	available fund balance;
98	98	(2) an explanation of how the district intends,
99	99	through implementation of a furlough program under Section 21.4021
100	100	or through other salary reductions, as applicable, to limit the
101	101	number of district employees who will be discharged [or whose
102	102	contracts will not be renewed]; and
103	103	(3) information regarding the local option residence
104	104	homestead exemption.
105	105	SECTION 1.06. Section 30.022(g), Education Code, is amended
106	106	to read as follows:
107	107	(g) Except as otherwise provided by this subsection, an
108	108	action of the board may be appealed to a district court in Travis
109	109	County. An action of the board related to a [dismissal during the
110	110	term of a] teacher's contract [or to a nonrenewal of a teacher's
111	111	contract] may be appealed to the commissioner in the manner
112	112	prescribed by Section 7.057(a)(2)(B) [Subchapter G, Chapter 21].
113	113	For the purposes of this subsection, the term "teacher" has the
114	114	meaning assigned by Section 30.024(a).
115	115	SECTION 1.07. Section 30.024(b), Education Code, is amended
116	116	to read as follows:
117	117	(b) The governing board of the school may enter into an
118	118	employment contract with any employee who provides, or supervises
119	119	any employee who provides, direct and regular educational services
120	120	to students or who provides other professional educational
121	121	services. An employee employed under this subsection is not
122	122	subject to Section 2252.901, Government Code. Each teacher shall
123	123	be employed under a [term] contract that establishes an at-will
124	124	employment relationship as provided by Subchapter A [E], Chapter
125	125	21[, or under a probationary contract as provided by Subchapter C,
126	126	Chapter 21]. An employee employed under a contract under this
127	127	subsection:
128	128	(1) shall be paid in accordance with a salary
129	129	structure adopted by the superintendent with the concurrence of the
130	130	board that provides salaries, including assignment stipends,
131	131	equal, on a daily-rate basis, to salaries, including assignment
132	132	stipends, paid to employees employed in comparable positions by the
133	133	Austin Independent School District;
134	134	(2) is not eligible for longevity pay under Subchapter
135	135	D, Chapter 659, Government Code, and is not entitled to a paid day
136	136	off from work on any national or state holiday;
137	137	(3) is eligible for sick leave accrual under the
138	138	General Appropriations Act in each month in which at least one day
139	139	of the month is included in the school year [term of the employment
140	140	contract] and in any other month in which work is performed or paid
141	141	leave is taken;
142	142	(4) may be permitted by the board to take paid time off
143	143	from work [during the term of the employment contract] for personal
144	144	reasons as designated by the board, but the paid time off may not
145	145	exceed three days per school year [contract term] and may not be
146	146	carried forward from one school year [contract term] to a
147	147	subsequent school year [contract term];
148	148	(5) may be permitted by the board to be paid the salary
149	149	designated in the employment contract in 12 monthly installments;
150	150	and
151	151	(6) shall work the hours established by the
152	152	superintendent.
153	153	SECTION 1.08. Section 30.052(g), Education Code, is amended
154	154	to read as follows:
155	155	(g) Except as otherwise provided by this subsection, an
156	156	action of the board may be appealed to a district court in Travis
157	157	County. An action of the board related to a [dismissal during the
158	158	term of a] teacher's contract [or to a nonrenewal of a teacher's
159	159	contract] may be appealed to the commissioner in the manner
160	160	prescribed by Section 7.057(a)(2)(B) [Subchapter G, Chapter 21].
161	161	For the purposes of this subsection, the term "teacher" has the
162	162	meaning assigned by Section 30.055(a).
163	163	SECTION 1.09. Section 30.055(b), Education Code, is amended
164	164	to read as follows:
165	165	(b) The governing board of the school may enter into an
166	166	employment contract with any employee who provides, or supervises
167	167	any employee who provides, direct and regular educational services
168	168	to students or who provides other professional, educational
169	169	services. An employee employed under this subsection is not
170	170	subject to Section 2252.901, Government Code. Each teacher shall
171	171	be employed under a [term] contract that establishes an at-will
172	172	employment relationship as provided by Subchapter A [E], Chapter
173	173	21[, or under a probationary contract as provided by Subchapter C,
174	174	Chapter 21]. An employee employed under a contract under this
175	175	subsection:
176	176	(1) shall be paid in accordance with a salary
177	177	structure adopted by the superintendent with the concurrence of the
178	178	board that provides salaries, including assignment stipends,
179	179	equal, on a daily-rate basis, to salaries, including assignment
180	180	stipends, paid to employees employed in comparable positions by the
181	181	Austin Independent School District;
182	182	(2) is not eligible for longevity pay under Subchapter
183	183	D, Chapter 659, Government Code, and is not entitled to a paid day
184	184	off from work on any national or state holiday;
185	185	(3) is eligible for sick leave accrual under the
186	186	General Appropriations Act in each month in which at least one day
187	187	of the month is included in the school year [term of the employment
188	188	contract] and in any other month in which work is performed or paid
189	189	leave is taken;
190	190	(4) may be permitted by the board to use a maximum of
191	191	four days per school year [contract term] of accrued sick leave for
192	192	personal reasons as designated by the board but the number of sick
193	193	leave days not used for personal reasons during a school year
194	194	[contract term] may not be carried forward to a subsequent school
195	195	year [contract term] for use as personal leave;
196	196	(5) shall be paid the salary designated in the
197	197	employment contract in 12 monthly installments if the employee
198	198	chooses to be paid in that manner;
199	199	(6) shall work the hours established by the
200	200	superintendent; and
201	201	(7) in addition to the contract salary received during
202	202	the employee's first year of employment with the school and for the
203	203	purpose of reducing a vacancy in a position that is difficult to
204	204	fill because of the specialized nature and the limited number of
205	205	qualified applicants, may be paid a salary supplement, not to
206	206	exceed any salary supplement paid by the Austin Independent School
207	207	District to an employee employed in a comparable position.
208	208	SECTION 1.10. (a) On or after the effective date of this
209	209	Act, a school district, the Texas School for the Blind and Visually
210	210	Impaired, or the Texas School for the Deaf may not enter into a
211	211	probationary, continuing, or term contract under Chapter 21,
212	212	Education Code, as that chapter existed before amendment by this
213	213	Act.
214	214	(b) The amendment by this Act of Chapter 21, Education Code,
215	215	does not affect the rights of a person employed under a
216	216	probationary, continuing, or term contract entered into before the
217	217	effective date of this Act, and the provisions of Chapter 21,
218	218	Education Code, as they existed on January 1, 2015, are continued in
219	219	effect for that purpose.
220	220	ARTICLE 2. CONFORMING AMENDMENTS
221	221	SECTION 2.01. Sections 7.056(e) and (f), Education Code,
222	222	are amended to read as follows:
223	223	(e) Except as provided by Subsection (f), a school campus or
224	224	district may not receive an exemption or waiver under this section
225	225	from:
226	226	(1) a prohibition on conduct that constitutes a
227	227	criminal offense;
228	228	(2) a requirement imposed by federal law or rule,
229	229	including a requirement for special education or bilingual
230	230	education programs; or
231	231	(3) a requirement, restriction, or prohibition
232	232	relating to:
233	233	(A) essential knowledge or skills under Section
234	234	28.002 or high school graduation requirements under Section 28.025;
235	235	(B) public school accountability as provided by
236	236	Subchapters B, C, D, E, F, and J, Chapter 39;
237	237	(C) extracurricular activities under Section
238	238	33.081 or participation in a University Interscholastic League
239	239	area, regional, or state competition under Section 33.0812;
240	240	(D) health and safety under Chapter 38;
241	241	(E) purchasing under Subchapter B, Chapter 44;
242	242	(F) elementary school class size limits, except
243	243	as provided by Section 25.112;
244	244	(G) removal of a disruptive student from the
245	245	classroom under Subchapter A, Chapter 37;
246	246	(H) at-risk programs under Subchapter C, Chapter
247	247	29;
248	248	(I) prekindergarten programs under Subchapter E,
249	249	Chapter 29;
250	250	(J) educator rights and benefits under
251	251	Subchapters A[, C, D, E, F, G,] and I, Chapter 21, or under
252	252	Subchapter A, Chapter 22;
253	253	(K) special education programs under Subchapter
254	254	A, Chapter 29;
255	255	(L) bilingual education programs under
256	256	Subchapter B, Chapter 29; or
257	257	(M) the requirements for the first day of
258	258	instruction under Section 25.0811.
259	259	(f) A school district [or campus] that is required to
260	260	develop and implement a student achievement improvement plan under
261	261	Section 39.102 [or 39.103] may receive an exemption or waiver under
262	262	this section from any law or rule other than:
263	263	(1) a prohibition on conduct that constitutes a
264	264	criminal offense;
265	265	(2) a requirement imposed by federal law or rule;
266	266	(3) a requirement, restriction, or prohibition
267	267	imposed by state law or rule relating to:
268	268	(A) public school accountability as provided by
269	269	Subchapters B, C, D, E, F, and J, Chapter 39; or
270	270	(B) educator rights and benefits under
271	271	Subchapters A[, C, D, E, F, G,] and I, Chapter 21, or under
272	272	Subchapter A, Chapter 22; or
273	273	(4) selection of instructional materials under
274	274	Chapter 31.
275	275	SECTION 2.02. Sections 7.057(b) and (e), Education Code,
276	276	are amended to read as follows:
277	277	(b) Except as provided by Subsection (c), the commissioner
278	278	after due notice to the parties interested shall, not later than the
279	279	180th day after the date an appeal under Subsection (a) is filed,
280	280	hold a hearing and issue a decision without cost to the parties
281	281	involved. In conducting a hearing under this subsection, the
282	282	commissioner has the same authority relating to discovery and
283	283	conduct of a hearing as an administrative law judge employed by the
284	284	State Office of Administrative Hearings [a hearing examiner has
285	285	under Subchapter F, Chapter 21]. This section does not deprive any
286	286	party of any legal remedy.
287	287	(e) This section does not apply to[:
288	288	[(1) a case to which Subchapter G, Chapter 21,
289	289	applies; or
290	290	[(2)] a student disciplinary action under Chapter 37.
291	291	SECTION 2.03. Sections 11.1513(e) and (j), Education Code,
292	292	are amended to read as follows:
293	293	(e) If, during the school year, the district must fill a
294	294	vacant position held by a superintendent, principal, supervisor,
295	295	classroom teacher, school counselor, or other full-time
296	296	professional employee who is required to hold a certificate issued
297	297	under Subchapter B, Chapter 21, or a nurse [as defined by Section
298	298	21.201,] in less than 10 school days, the district:
299	299	(1) must provide notice of the position in the manner
300	300	described by Subsection (d)(1) as soon as possible after the
301	301	vacancy occurs;
302	302	(2) is not required to provide the notice for 10 school
303	303	days before filling the position; and
304	304	(3) is not required to comply with Subsection (d)(2).
305	305	(j) The employment policy may not restrict the ability of a
306	306	school district employee to communicate directly with a member of
307	307	the board of trustees regarding a matter relating to the operation
308	308	of the district, except that the policy may prohibit ex parte
309	309	communication relating to an [:
310	310	[(1) a hearing under Subchapter E or F, Chapter 21; and
311	311	[(2) another] appeal or hearing in which ex parte
312	312	communication would be inappropriate pending a final decision by a
313	313	school district board of trustees.
314	314	SECTION 2.04. Section 11.201(d), Education Code, is amended
315	315	to read as follows:
316	316	(d) The duties of the superintendent include:
317	317	(1) assuming administrative responsibility and
318	318	leadership for the planning, organization, operation, supervision,
319	319	and evaluation of the education programs, services, and facilities
320	320	of the district and for the annual performance appraisal of the
321	321	district's staff;
322	322	(2) except as provided by Section 11.202, assuming
323	323	administrative authority and responsibility for the assignment,
324	324	supervision, and evaluation of all personnel of the district other
325	325	than the superintendent;
326	326	(3) overseeing compliance with the standards for
327	327	school facilities established by the commissioner under Section
328	328	46.008;
329	329	(4) initiating the termination or suspension of an
330	330	employee [or the nonrenewal of an employee's term contract];
331	331	(5) managing the day-to-day operations of the district
332	332	as its administrative manager, including implementing and
333	333	monitoring plans, procedures, programs, and systems to achieve
334	334	clearly defined and desired results in major areas of district
335	335	operations;
336	336	(6) preparing and submitting to the board of trustees
337	337	a proposed budget as provided by Section 44.002 and rules adopted
338	338	under that section, and administering the budget;
339	339	(7) preparing recommendations for policies to be
340	340	adopted by the board of trustees and overseeing the implementation
341	341	of adopted policies;
342	342	(8) developing or causing to be developed appropriate
343	343	administrative regulations to implement policies established by
344	344	the board of trustees;
345	345	(9) providing leadership for the attainment and, if
346	346	necessary, improvement of student performance in the district based
347	347	on the indicators adopted under Sections 39.053 and 39.301 and
348	348	other indicators adopted by the commissioner or the district's
349	349	board of trustees;
350	350	(10) organizing the district's central
351	351	administration;
352	352	(11) consulting with the district-level committee as
353	353	required under Section 11.252(f);
354	354	(12) ensuring:
355	355	(A) adoption of a student code of conduct as
356	356	required under Section 37.001 and enforcement of that code of
357	357	conduct; and
358	358	(B) adoption and enforcement of other student
359	359	disciplinary rules and procedures as necessary;
360	360	(13) submitting reports as required by state or
361	361	federal law, rule, or regulation;
362	362	(14) providing joint leadership with the board of
363	363	trustees to ensure that the responsibilities of the board and
364	364	superintendent team are carried out; and
365	365	(15) performing any other duties assigned by action of
366	366	the board of trustees.
367	367	SECTION 2.05. Section 11.202(b), Education Code, is amended
368	368	to read as follows:
369	369	(b) Each principal shall:
370	370	(1) except as provided by Subsection (d), approve all
371	371	teacher and staff appointments for that principal's campus from a
372	372	pool of applicants selected by the district or of applicants who
373	373	meet the hiring requirements established by the district, based on
374	374	criteria developed by the principal after informal consultation
375	375	with the faculty;
376	376	(2) set specific education objectives for the
377	377	principal's campus, through the planning process under Section
378	378	11.253;
379	379	(3) develop budgets for the principal's campus;
380	380	(4) assume the administrative responsibility and
381	381	instructional leadership, under the supervision of the
382	382	superintendent, for discipline at the campus;
383	383	(5) assign, evaluate, and promote personnel assigned
384	384	to the campus;
385	385	(6) recommend to the superintendent the termination or
386	386	suspension of an employee assigned to the campus [or the nonrenewal
387	387	of the term contract of an employee assigned to the campus]; and
388	388	(7) perform other duties assigned by the
389	389	superintendent pursuant to the policy of the board of trustees.
390	390	SECTION 2.06. Section 26.008(b), Education Code, is amended
391	391	to read as follows:
392	392	(b) An attempt by any school district employee to encourage
393	393	or coerce a child to withhold information from the child's parent is
394	394	grounds for discipline of the employee [under Section 21.104,
395	395	21.156, or 21.211, as applicable].
396	396	ARTICLE 3. REPEALER; EFFECTIVE DATE
397	397	SECTION 3.01. The following provisions of the Education
398	398	Code are repealed:
399	399	(1) Section 7.055(b)(20);
400	400	(2) Section 7.102(c)(10);
401	401	(3) Section 21.002(c);
402	402	(4) Sections 21.0031(b-1), (c), and (d);
403	403	(5) Section 21.058(e);
404	404	(6) Subchapters C, D, E, F, and G, Chapter 21; and
405	405	(7) Section 21.4021(g).
406	406	SECTION 3.02. This Act takes effect immediately if it
407	407	receives a vote of two-thirds of all the members elected to each
408	408	house, as provided by Section 39, Article III, Texas Constitution.
409	409	If this Act does not receive the vote necessary for immediate
410	410	effect, this Act takes effect September 1, 2015.