Texas 2017 - 85th Regular

Texas Senate Bill SB2092 Compare Versions

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

Old	New	Differences
1	1	85R15188 PAM-D
2	2	By: Hall S.B. No. 2092
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the process for review after a decision to terminate a
8	8	teacher's contract or suspend a teacher without pay.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter F, Chapter 21,
11	11	Education Code, is amended to read as follows:
12	12	SUBCHAPTER F. HEARINGS [BEFORE HEARING EXAMINERS]
13	13	SECTION 2. Section 21.253, Education Code, is amended by
14	14	adding Subsections (c) and (d) to read as follows:
15	15	(c) The school district may choose to have the hearing
16	16	conducted before:
17	17	(1) a hearing examiner; or
18	18	(2) the board of trustees or a subcommittee designated
19	19	by the board.
20	20	(d) The school district shall notify the commissioner of the
21	21	school district's choice under Subsection (c).
22	22	SECTION 3. The heading to Section 21.258, Education Code,
23	23	is amended to read as follows:
24	24	Sec. 21.258. CONSIDERATION OF RECOMMENDATION OF HEARING
25	25	EXAMINER BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.
26	26	SECTION 4. The heading to Section 21.259, Education Code,
27	27	is amended to read as follows:
28	28	Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD
29	29	SUBCOMMITTEE AFTER CONSIDERATION OF RECOMMENDATION OF HEARING
30	30	EXAMINER.
31	31	SECTION 5. Subchapter F, Chapter 21, Education Code, is
32	32	amended by adding Section 21.2595 to read as follows:
33	33	Sec. 21.2595. HEARING BY BOARD OF TRUSTEES OR BOARD
34	34	SUBCOMMITTEE; DECISION. (a) If the school district chooses to have
35	35	a hearing before the board of trustees or a subcommittee designated
36	36	by the board, the board or subcommittee shall conduct the hearing as
37	37	provided by this section.
38	38	(b) The board of trustees or board subcommittee has the same
39	39	authority as a hearing examiner and the hearing is subject to the
40	40	same requirements and shall be conducted in the same manner as
41	41	provided under Sections 21.255 and 21.256. The school district and
42	42	the teacher have the same rights and responsibilities as provided
43	43	by Sections 21.255 and 21.256.
44	44	(c) Not later than the 60th day after the date on which the
45	45	district receives a copy of the teacher's written request for a
46	46	hearing, the board of trustees or board subcommittee shall complete
47	47	the hearing and shall announce a decision that:
48	48	(1) includes findings of fact and conclusions of law;
49	49	and
50	50	(2) may include a grant of relief.
51	51	(d) A determination by the board of trustees or board
52	52	subcommittee regarding good cause for the suspension of a teacher
53	53	without pay or the termination of a probationary, continuing, or
54	54	term contract is a conclusion of law.
55	55	SECTION 6. Section 21.260, Education Code, is amended to
56	56	read as follows:
57	57	Sec. 21.260. RECORDING OF BOARD PROCEEDINGS [MEETING AND
58	58	ANNOUNCEMENT]. A certified shorthand reporter shall record the
59	59	oral argument under Section 21.258 and the announcement of a [the]
60	60	decision under Section 21.259 or 21.2595. The school district
61	61	shall bear the cost of the services of the certified shorthand
62	62	reporter.
63	63	SECTION 7. Sections 21.301(a) and (c), Education Code, are
64	64	amended to read as follows:
65	65	(a) Not later than the 20th day after the date the board of
66	66	trustees or board subcommittee announces its decision under Section
67	67	21.259 or 21.2595 or the board advises the teacher of its decision
68	68	not to renew the teacher's contract under Section 21.208, the
69	69	teacher may appeal the decision by filing a petition for review with
70	70	the commissioner.
71	71	(c) The commissioner shall review, as applicable, the
72	72	record of the hearing before the hearing examiner and the oral
73	73	argument before the board of trustees or board subcommittee or the
74	74	record of the hearing before the board of trustees or board
75	75	subcommittee. Except as provided in Section 21.302, the
76	76	commissioner shall consider the appeal solely on the basis of the
77	77	local record and may not consider any additional evidence or issue.
78	78	The commissioner, on the motion of a party or on the commissioner's
79	79	motion, may hear oral argument. The commissioner shall accept
80	80	written argument.
81	81	SECTION 8. Section 21.302(a), Education Code, is amended to
82	82	read as follows:
83	83	(a) If a party alleges that procedural irregularities that
84	84	are not reflected in the local record occurred at a [the] hearing
85	85	under Subchapter F [before the hearing examiner], the commissioner
86	86	may hold a hearing for the presentation of evidence on that issue.
87	87	The party alleging that procedural irregularities occurred shall
88	88	identify the specific alleged defect and its claimed effect on the
89	89	board's or board subcommittee's decision. The commissioner may
90	90	make appropriate orders consistent with rules adopted by the
91	91	commissioner. The commissioner's determination on any alleged
92	92	procedural irregularities is final and may not be appealed.
93	93	SECTION 9. Sections 21.303(a) and (b), Education Code, are
94	94	amended to read as follows:
95	95	(a) If the board of trustees or board subcommittee decided
96	96	not to renew a teacher's term contract, the commissioner may not
97	97	substitute the commissioner's judgment for that of the board or
98	98	subcommittee [of trustees] unless the decision was arbitrary,
99	99	capricious, or unlawful or is not supported by substantial
100	100	evidence.
101	101	(b) If the board of trustees or board subcommittee
102	102	terminated a teacher's probationary, continuing, or term contract
103	103	during the contract term or suspended a teacher without pay, the
104	104	commissioner may not substitute the commissioner's judgment for
105	105	that of the board or subcommittee unless:
106	106	(1) if the board or subcommittee accepted the hearing
107	107	examiner's findings of fact without modification, the decision is
108	108	arbitrary, capricious, or unlawful or is not supported by
109	109	substantial evidence; [or]
110	110	(2) if the board or subcommittee modified the hearing
111	111	examiner's findings of fact, the decision is arbitrary, capricious,
112	112	or unlawful or the hearing examiner's original findings of fact are
113	113	not supported by substantial evidence; or
114	114	(3) the decision of the board or subcommittee in a
115	115	hearing under Section 21.2595 is arbitrary, capricious, or unlawful
116	116	or the original findings of fact of the board or subcommittee are
117	117	not supported by substantial evidence.
118	118	SECTION 10. Sections 21.304(d) and (e), Education Code, are
119	119	amended to read as follows:
120	120	(d) The commissioner shall maintain and index decisions of
121	121	the commissioner issued under this section with, as applicable:
122	122	(1) the recommendations or decisions of the hearing
123	123	examiner; or
124	124	(2) the decisions of the board of trustees or board
125	125	subcommittee announced under Section 21.2595.
126	126	(e) If the commissioner reverses the action of the board of
127	127	trustees or board subcommittee, the commissioner shall order the
128	128	school district to reinstate the teacher and to pay the teacher any
129	129	back pay and employment benefits from the time of discharge or
130	130	suspension to reinstatement.
131	131	SECTION 11. Section 21.305(a), Education Code, is amended
132	132	to read as follows:
133	133	(a) If a teacher appeals the decision of the board of
134	134	trustees or board subcommittee, the school district shall bear the
135	135	cost of preparing the original transcripts of, as applicable:
136	136	(1) the hearing before the hearing examiner[;] and
137	137	[(2)] the oral argument before the board of trustees
138	138	or board subcommittee; or
139	139	(2) the hearing before the board or subcommittee under
140	140	Section 21.2595.
141	141	SECTION 12. Section 21.253, Education Code, as amended by
142	142	this Act, applies only to a written notice of a proposed decision
143	143	described by Section 21.251, Education Code, received by a teacher
144	144	on or after the effective date of this Act.
145	145	SECTION 13. This Act takes effect September 1, 2017.