85R15188 PAM-D
By: Hall S.B. No. 2092
A BILL TO BE ENTITLED
AN ACT
relating to the process for review after a decision to terminate a
teacher's contract or suspend a teacher without pay.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter F, Chapter 21,
Education Code, is amended to read as follows:
SUBCHAPTER F. HEARINGS [BEFORE HEARING EXAMINERS]
SECTION 2. Section 21.253, Education Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) The school district may choose to have the hearing
conducted before:
(1) a hearing examiner; or
(2) the board of trustees or a subcommittee designated
by the board.
(d) The school district shall notify the commissioner of the
school district's choice under Subsection (c).
SECTION 3. The heading to Section 21.258, Education Code,
is amended to read as follows:
Sec. 21.258. CONSIDERATION OF RECOMMENDATION OF HEARING
EXAMINER BY BOARD OF TRUSTEES OR BOARD SUBCOMMITTEE.
SECTION 4. The heading to Section 21.259, Education Code,
is amended to read as follows:
Sec. 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD
SUBCOMMITTEE AFTER CONSIDERATION OF RECOMMENDATION OF HEARING
EXAMINER.
SECTION 5. Subchapter F, Chapter 21, Education Code, is
amended by adding Section 21.2595 to read as follows:
Sec. 21.2595. HEARING BY BOARD OF TRUSTEES OR BOARD
SUBCOMMITTEE; DECISION. (a) If the school district chooses to have
a hearing before the board of trustees or a subcommittee designated
by the board, the board or subcommittee shall conduct the hearing as
provided by this section.
(b) The board of trustees or board subcommittee has the same
authority as a hearing examiner and the hearing is subject to the
same requirements and shall be conducted in the same manner as
provided under Sections 21.255 and 21.256. The school district and
the teacher have the same rights and responsibilities as provided
by Sections 21.255 and 21.256.
(c) Not later than the 60th day after the date on which the
district receives a copy of the teacher's written request for a
hearing, the board of trustees or board subcommittee shall complete
the hearing and shall announce a decision that:
(1) includes findings of fact and conclusions of law;
and
(2) may include a grant of relief.
(d) A determination by the board of trustees or board
subcommittee regarding good cause for the suspension of a teacher
without pay or the termination of a probationary, continuing, or
term contract is a conclusion of law.
SECTION 6. Section 21.260, Education Code, is amended to
read as follows:
Sec. 21.260. RECORDING OF BOARD PROCEEDINGS [MEETING AND
ANNOUNCEMENT]. A certified shorthand reporter shall record the
oral argument under Section 21.258 and the announcement of a [the]
decision under Section 21.259 or 21.2595. The school district
shall bear the cost of the services of the certified shorthand
reporter.
SECTION 7. Sections 21.301(a) and (c), Education Code, are
amended to read as follows:
(a) Not later than the 20th day after the date the board of
trustees or board subcommittee announces its decision under Section
21.259 or 21.2595 or the board advises the teacher of its decision
not to renew the teacher's contract under Section 21.208, the
teacher may appeal the decision by filing a petition for review with
the commissioner.
(c) The commissioner shall review, as applicable, the
record of the hearing before the hearing examiner and the oral
argument before the board of trustees or board subcommittee or the
record of the hearing before the board of trustees or board
subcommittee. Except as provided in Section 21.302, the
commissioner shall consider the appeal solely on the basis of the
local record and may not consider any additional evidence or issue.
The commissioner, on the motion of a party or on the commissioner's
motion, may hear oral argument. The commissioner shall accept
written argument.
SECTION 8. Section 21.302(a), Education Code, is amended to
read as follows:
(a) If a party alleges that procedural irregularities that
are not reflected in the local record occurred at a [the] hearing
under Subchapter F [before the hearing examiner], the commissioner
may hold a hearing for the presentation of evidence on that issue.
The party alleging that procedural irregularities occurred shall
identify the specific alleged defect and its claimed effect on the
board's or board subcommittee's decision. The commissioner may
make appropriate orders consistent with rules adopted by the
commissioner. The commissioner's determination on any alleged
procedural irregularities is final and may not be appealed.
SECTION 9. Sections 21.303(a) and (b), Education Code, are
amended to read as follows:
(a) If the board of trustees or board subcommittee decided
not to renew a teacher's term contract, the commissioner may not
substitute the commissioner's judgment for that of the board or
subcommittee [of trustees] unless the decision was arbitrary,
capricious, or unlawful or is not supported by substantial
evidence.
(b) If the board of trustees or board subcommittee
terminated a teacher's probationary, continuing, or term contract
during the contract term or suspended a teacher without pay, the
commissioner may not substitute the commissioner's judgment for
that of the board or subcommittee unless:
(1) if the board or subcommittee accepted the hearing
examiner's findings of fact without modification, the decision is
arbitrary, capricious, or unlawful or is not supported by
substantial evidence; [or]
(2) if the board or subcommittee modified the hearing
examiner's findings of fact, the decision is arbitrary, capricious,
or unlawful or the hearing examiner's original findings of fact are
not supported by substantial evidence; or
(3) the decision of the board or subcommittee in a
hearing under Section 21.2595 is arbitrary, capricious, or unlawful
or the original findings of fact of the board or subcommittee are
not supported by substantial evidence.
SECTION 10. Sections 21.304(d) and (e), Education Code, are
amended to read as follows:
(d) The commissioner shall maintain and index decisions of
the commissioner issued under this section with, as applicable:
(1) the recommendations or decisions of the hearing
examiner; or
(2) the decisions of the board of trustees or board
subcommittee announced under Section 21.2595.
(e) If the commissioner reverses the action of the board of
trustees or board subcommittee, the commissioner shall order the
school district to reinstate the teacher and to pay the teacher any
back pay and employment benefits from the time of discharge or
suspension to reinstatement.
SECTION 11. Section 21.305(a), Education Code, is amended
to read as follows:
(a) If a teacher appeals the decision of the board of
trustees or board subcommittee, the school district shall bear the
cost of preparing the original transcripts of, as applicable:
(1) the hearing before the hearing examiner[;] and
[(2)] the oral argument before the board of trustees
or board subcommittee; or
(2) the hearing before the board or subcommittee under
Section 21.2595.
SECTION 12. Section 21.253, Education Code, as amended by
this Act, applies only to a written notice of a proposed decision
described by Section 21.251, Education Code, received by a teacher
on or after the effective date of this Act.
SECTION 13. This Act takes effect September 1, 2017.