Texas 2017 - 85th Regular

Texas Senate Bill SB609 Compare Versions

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

Old	New	Differences
1	1	85R785 KKA-D
2	2	By: Huffines S.B. No. 609
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to elimination of the use of continuing contracts by
8	8	school districts in employing teachers and other professionals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. ELIMINATION OF CONTINUING CONTRACTS
11	11	SECTION 1.01. Sections 7.056(e) and (f), Education Code,
12	12	are amended to read as follows:
13	13	(e) Except as provided by Subsection (f), a school campus or
14	14	district may not receive an exemption or waiver under this section
15	15	from:
16	16	(1) a prohibition on conduct that constitutes a
17	17	criminal offense;
18	18	(2) a requirement imposed by federal law or rule,
19	19	including a requirement for special education or bilingual
20	20	education programs; or
21	21	(3) a requirement, restriction, or prohibition
22	22	relating to:
23	23	(A) essential knowledge or skills under Section
24	24	28.002 or high school graduation requirements under Section 28.025;
25	25	(B) public school accountability as provided by
26	26	Subchapters B, C, D, E, F, and J, Chapter 39;
27	27	(C) extracurricular activities under Section
28	28	33.081 or participation in a University Interscholastic League
29	29	area, regional, or state competition under Section 33.0812;
30	30	(D) health and safety under Chapter 38;
31	31	(E) purchasing under Subchapter B, Chapter 44;
32	32	(F) elementary school class size limits, except
33	33	as provided by Section 25.112;
34	34	(G) removal of a disruptive student from the
35	35	classroom under Subchapter A, Chapter 37;
36	36	(H) at-risk programs under Subchapter C, Chapter
37	37	29;
38	38	(I) prekindergarten programs under Subchapter E,
39	39	Chapter 29;
40	40	(J) educator rights and benefits under
41	41	Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
42	42	Subchapter A, Chapter 22;
43	43	(K) special education programs under Subchapter
44	44	A, Chapter 29;
45	45	(L) bilingual education programs under
46	46	Subchapter B, Chapter 29; or
47	47	(M) the requirements for the first day of
48	48	instruction under Section 25.0811.
49	49	(f) A school district [or campus] that is required to
50	50	develop and implement a student achievement improvement plan under
51	51	Section 39.102 [or 39.103] may receive an exemption or waiver under
52	52	this section from any law or rule other than:
53	53	(1) a prohibition on conduct that constitutes a
54	54	criminal offense;
55	55	(2) a requirement imposed by federal law or rule;
56	56	(3) a requirement, restriction, or prohibition
57	57	imposed by state law or rule relating to:
58	58	(A) public school accountability as provided by
59	59	Subchapters B, C, D, E, F, and J, Chapter 39; or
60	60	(B) educator rights and benefits under
61	61	Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
62	62	Subchapter A, Chapter 22; or
63	63	(4) selection of instructional materials under
64	64	Chapter 31.
65	65	SECTION 1.02. Sections 21.002(a) and (b), Education Code,
66	66	are amended to read as follows:
67	67	(a) A school district shall employ each classroom teacher,
68	68	principal, librarian, nurse, or school counselor under:
69	69	(1) a probationary contract, as provided by Subchapter
70	70	C;
71	71	[(2) a continuing contract, as provided by Subchapter
72	72	D;] or
73	73	(2) [(3)] a term contract, as provided by Subchapter
74	74	E.
75	75	(b) A district is not required to employ a person other than
76	76	an employee listed in Subsection (a) under a probationary[,
77	77	continuing,] or term contract.
78	78	SECTION 1.03. Section 21.0031(a), Education Code, is
79	79	amended to read as follows:
80	80	(a) An employee's probationary[, continuing,] or term
81	81	contract under this chapter is void if the employee:
82	82	(1) does not hold a valid certificate or permit issued
83	83	by the State Board for Educator Certification;
84	84	(2) fails to fulfill the requirements necessary to
85	85	renew or extend the employee's temporary, probationary, or
86	86	emergency certificate or any other certificate or permit issued
87	87	under Subchapter B; or
88	88	(3) fails to comply with any requirement under
89	89	Subchapter C, Chapter 22, if the failure results in suspension or
90	90	revocation of the employee's certificate under Section
91	91	22.0831(f)(2).
92	92	SECTION 1.04. Subchapter A, Chapter 21, Education Code, is
93	93	amended by adding Section 21.008 to read as follows:
94	94	Sec. 21.008. APPLICATION OF FORMER LAW. A person employed
95	95	under a continuing contract under former Subchapter D, as that
96	96	subchapter existed on January 1, 2017, continues to be subject to
97	97	the rights and duties provided by this chapter as it existed on
98	98	January 1, 2017, as long as the person is employed by the same
99	99	school district.
100	100	SECTION 1.05. Sections 21.058(c), (c-1), and (c-2),
101	101	Education Code, are amended to read as follows:
102	102	(c) A school district or open-enrollment charter school
103	103	that receives notice under Subsection (b) of the revocation of a
104	104	certificate issued under this subchapter shall:
105	105	(1) immediately remove the person whose certificate
106	106	has been revoked from campus or from an administrative office, as
107	107	applicable, to prevent the person from having any contact with a
108	108	student; and
109	109	(2) if the person is employed under a probationary[,
110	110	continuing,] or term contract under this chapter:
111	111	(A) suspend the person without pay;
112	112	(B) provide the person with written notice that
113	113	the person's contract is void as provided by Subsection (c-2); and
114	114	(C) terminate the employment of the person as
115	115	soon as practicable.
116	116	(c-1) If a school district or open-enrollment charter
117	117	school becomes aware that a person employed by the district or
118	118	school under a probationary[, continuing,] or term contract under
119	119	this chapter has been convicted of or received deferred
120	120	adjudication for a felony offense, and the person is not subject to
121	121	Subsection (c), the district or school may:
122	122	(1) suspend the person without pay;
123	123	(2) provide the person with written notice that the
124	124	person's contract is void as provided by Subsection (c-2); and
125	125	(3) terminate the employment of the person as soon as
126	126	practicable.
127	127	(c-2) A person's probationary[, continuing,] or term
128	128	contract is void if the school district or open-enrollment charter
129	129	school takes action under Subsection (c)(2)(B) or (c-1)(2).
130	130	SECTION 1.06. Section 21.101, Education Code, is amended to
131	131	read as follows:
132	132	Sec. 21.101. DEFINITION. In this subchapter, "teacher"
133	133	means a principal, supervisor, classroom teacher, school
134	134	counselor, or other full-time professional employee who is required
135	135	to hold a certificate issued under Subchapter B or a nurse. The
136	136	term does not include a superintendent or a person who is not
137	137	entitled to a probationary[, continuing,] or term contract under
138	138	Section 21.002, an existing contract, or district policy.
139	139	SECTION 1.07. Section 21.102(c), Education Code, is amended
140	140	to read as follows:
141	141	(c) An employment contract may not extend the probationary
142	142	contract period beyond the end of the third consecutive school year
143	143	of the teacher's employment by the school district unless, during
144	144	the third year of a teacher's probationary contract, the board of
145	145	trustees determines that it is doubtful whether the teacher should
146	146	be given [a continuing contract or] a term contract. If the board
147	147	makes that determination, the district may make a probationary
148	148	contract with the teacher for a term ending with the fourth
149	149	consecutive school year of the teacher's employment with the
150	150	district, at which time the district shall:
151	151	(1) terminate the employment of the teacher; or
152	152	(2) employ the teacher under [a continuing contract
153	153	or] a term contract as provided by Subchapter [D or] E[, according
154	154	to district policy].
155	155	SECTION 1.08. Section 21.103(b), Education Code, is amended
156	156	to read as follows:
157	157	(b) If the board of trustees fails to give the notice of its
158	158	decision to terminate the teacher's employment within the time
159	159	prescribed by Subsection (a), the board must employ the
160	160	probationary teacher in the same capacity under:
161	161	(1) a probationary contract for the following school
162	162	year, if the teacher has been employed by the district under a
163	163	probationary contract for less than three consecutive school years;
164	164	or
165	165	(2) a [continuing or] term contract, [according to
166	166	district policy,] if the teacher has been employed by the district
167	167	under a probationary contract for three consecutive school years.
168	168	SECTION 1.09. Sections 21.106(a), (b), and (d), Education
169	169	Code, are amended to read as follows:
170	170	(a) In lieu of [discharging a teacher employed under a
171	171	continuing contract,] terminating a teacher employed under a term
172	172	contract[,] or not renewing a teacher's term contract, a school
173	173	district may, with the written consent of the teacher, return the
174	174	teacher to probationary contract status.
175	175	(b) Except as provided by Subsection (d), a teacher may
176	176	agree to be returned to probationary contract status only after
177	177	receiving written notice that the board of trustees of the school
178	178	district has proposed [discharge,] termination[,] or nonrenewal.
179	179	(d) A teacher may agree to be returned to probationary
180	180	contract status after receiving written notice of the
181	181	superintendent's intent to recommend [discharge,] termination[,]
182	182	or nonrenewal. Notice under this subsection must inform the
183	183	teacher of the school district's offer to return the teacher to
184	184	probationary contract status, the period during which the teacher
185	185	may consider the offer, and the teacher's right to seek counsel.
186	186	The district must provide the teacher at least three business days
187	187	after the date the teacher receives notice under this subsection to
188	188	agree to be returned to probationary contract status. This
189	189	subsection does not require a superintendent to provide notice of
190	190	an intent to recommend [discharge,] termination[,] or nonrenewal.
191	191	SECTION 1.10. Section 21.201(1), Education Code, is amended
192	192	to read as follows:
193	193	(1) "Teacher" means a superintendent, principal,
194	194	supervisor, classroom teacher, school counselor, or other
195	195	full-time professional employee who is required to hold a
196	196	certificate issued under Subchapter B or a nurse. The term does not
197	197	include a person who is not entitled to a probationary[,
198	198	continuing,] or term contract under Section 21.002, an existing
199	199	contract, or district policy.
200	200	SECTION 1.11. Section 21.213, Education Code, is amended to
201	201	read as follows:
202	202	Sec. 21.213. NONAPPLICABILITY OF SUBCHAPTER. Except as
203	203	provided by Section 21.202, this subchapter does not apply to a
204	204	teacher employed under a probationary contract in accordance with
205	205	Subchapter C [or a continuing contract in accordance with
206	206	Subchapter D].
207	207	SECTION 1.12. Section 21.251, Education Code, is amended to
208	208	read as follows:
209	209	Sec. 21.251. APPLICABILITY. (a) This subchapter applies
210	210	if a teacher requests a hearing after receiving notice of the
211	211	proposed decision to:
212	212	(1) [terminate the teacher's continuing contract at
213	213	any time, except as provided by Subsection (b)(3);
214	214	[(2)] terminate the teacher's probationary or term
215	215	contract before the end of the contract period, except as provided
216	216	by Subsection (b)(3); or
217	217	(2) [(3)] suspend the teacher without pay.
218	218	(b) This subchapter does not apply to:
219	219	(1) a decision to terminate a teacher's employment at
220	220	the end of a probationary contract;
221	221	(2) a decision not to renew a teacher's term contract,
222	222	unless the board of trustees of the employing district has decided
223	223	to use the process prescribed by this subchapter for that purpose;
224	224	or
225	225	(3) a decision, on the basis of a financial exigency
226	226	declared under Section 44.011 that requires a reduction in
227	227	personnel, to terminate a probationary or term contract before the
228	228	end of the contract period [or to terminate a continuing contract at
229	229	any time], unless the board of trustees has decided to use the
230	230	process prescribed by this subchapter for that purpose.
231	231	SECTION 1.13. Section 21.257(a-1), Education Code, is
232	232	amended to read as follows:
233	233	(a-1) A determination by the hearing examiner regarding
234	234	good cause for the suspension of a teacher without pay or the
235	235	termination of a probationary[, continuing,] or term contract is a
236	236	conclusion of law and may be adopted, rejected, or changed by the
237	237	board of trustees or board subcommittee as provided by Section
238	238	21.259(b).
239	239	SECTION 1.14. Section 21.303(b), Education Code, is amended
240	240	to read as follows:
241	241	(b) If the board of trustees terminated a teacher's
242	242	probationary[, continuing,] or term contract during the contract
243	243	term or suspended a teacher without pay, the commissioner may not
244	244	substitute the commissioner's judgment for that of the board
245	245	unless:
246	246	(1) if the board accepted the hearing examiner's
247	247	findings of fact without modification, the decision is arbitrary,
248	248	capricious, or unlawful or is not supported by substantial
249	249	evidence; or
250	250	(2) if the board modified the hearing examiner's
251	251	findings of fact, the decision is arbitrary, capricious, or
252	252	unlawful or the hearing examiner's original findings of fact are
253	253	not supported by substantial evidence.
254	254	SECTION 1.15. Section 21.4021(g), Education Code, is
255	255	amended to read as follows:
256	256	(g) If a board of trustees adopts a furlough program after
257	257	the date by which a teacher must give notice of resignation under
258	258	Section 21.105[, 21.160,] or 21.210, as applicable, a teacher who
259	259	subsequently resigns is not subject to sanctions imposed by the
260	260	State Board for Educator Certification as otherwise authorized by
261	261	those sections.
262	262	SECTION 1.16. Section 26.008(b), Education Code, is amended
263	263	to read as follows:
264	264	(b) An attempt by any school district employee to encourage
265	265	or coerce a child to withhold information from the child's parent is
266	266	grounds for discipline under Section 21.104[, 21.156,] or 21.211,
267	267	as applicable.
268	268	SECTION 1.17. (a) On or after the effective date of this
269	269	Act, a school district may not enter into a continuing contract
270	270	under Chapter 21, Education Code, as that chapter existed before
271	271	amendment by this Act.
272	272	(b) The amendment by this Act of Chapter 21, Education Code,
273	273	does not affect the rights of a person employed under a continuing
274	274	contract entered into before the effective date of this Act, and the
275	275	provisions of Chapter 21, Education Code, as they existed on
276	276	January 1, 2017, are continued in effect for that purpose.
277	277	ARTICLE 2. REPEALER; EFFECTIVE DATE
278	278	SECTION 2.01. (a) Section 21.002(c), Education Code, is
279	279	repealed.
280	280	(b) Subchapter D, Chapter 21, Education Code, is repealed.
281	281	SECTION 2.02. This Act takes effect immediately if it
282	282	receives a vote of two-thirds of all the members elected to each
283	283	house, as provided by Section 39, Article III, Texas Constitution.
284	284	If this Act does not receive the vote necessary for immediate
285	285	effect, this Act takes effect September 1, 2017.