85R785 KKA-D
By: Huffines S.B. No. 609
A BILL TO BE ENTITLED
AN ACT
relating to elimination of the use of continuing contracts by
school districts in employing teachers and other professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ELIMINATION OF CONTINUING CONTRACTS
SECTION 1.01. Sections 7.056(e) and (f), Education Code,
are amended to read as follows:
(e) Except as provided by Subsection (f), a school campus or
district may not receive an exemption or waiver under this section
from:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule,
including a requirement for special education or bilingual
education programs; or
(3) a requirement, restriction, or prohibition
relating to:
(A) essential knowledge or skills under Section
28.002 or high school graduation requirements under Section 28.025;
(B) public school accountability as provided by
Subchapters B, C, D, E, F, and J, Chapter 39;
(C) extracurricular activities under Section
33.081 or participation in a University Interscholastic League
area, regional, or state competition under Section 33.0812;
(D) health and safety under Chapter 38;
(E) purchasing under Subchapter B, Chapter 44;
(F) elementary school class size limits, except
as provided by Section 25.112;
(G) removal of a disruptive student from the
classroom under Subchapter A, Chapter 37;
(H) at-risk programs under Subchapter C, Chapter
29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) educator rights and benefits under
Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
Subchapter A, Chapter 22;
(K) special education programs under Subchapter
A, Chapter 29;
(L) bilingual education programs under
Subchapter B, Chapter 29; or
(M) the requirements for the first day of
instruction under Section 25.0811.
(f) A school district [or campus] that is required to
develop and implement a student achievement improvement plan under
Section 39.102 [or 39.103] may receive an exemption or waiver under
this section from any law or rule other than:
(1) a prohibition on conduct that constitutes a
criminal offense;
(2) a requirement imposed by federal law or rule;
(3) a requirement, restriction, or prohibition
imposed by state law or rule relating to:
(A) public school accountability as provided by
Subchapters B, C, D, E, F, and J, Chapter 39; or
(B) educator rights and benefits under
Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
Subchapter A, Chapter 22; or
(4) selection of instructional materials under
Chapter 31.
SECTION 1.02. Sections 21.002(a) and (b), Education Code,
are amended to read as follows:
(a) A school district shall employ each classroom teacher,
principal, librarian, nurse, or school counselor under:
(1) a probationary contract, as provided by Subchapter
C;
[(2) a continuing contract, as provided by Subchapter
D;] or
(2) [(3)] a term contract, as provided by Subchapter
E.
(b) A district is not required to employ a person other than
an employee listed in Subsection (a) under a probationary[,
continuing,] or term contract.
SECTION 1.03. Section 21.0031(a), Education Code, is
amended to read as follows:
(a) An employee's probationary[, continuing,] or term
contract under this chapter is void if the employee:
(1) does not hold a valid certificate or permit issued
by the State Board for Educator Certification;
(2) fails to fulfill the requirements necessary to
renew or extend the employee's temporary, probationary, or
emergency certificate or any other certificate or permit issued
under Subchapter B; or
(3) fails to comply with any requirement under
Subchapter C, Chapter 22, if the failure results in suspension or
revocation of the employee's certificate under Section
22.0831(f)(2).
SECTION 1.04. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.008 to read as follows:
Sec. 21.008. APPLICATION OF FORMER LAW. A person employed
under a continuing contract under former Subchapter D, as that
subchapter existed on January 1, 2017, continues to be subject to
the rights and duties provided by this chapter as it existed on
January 1, 2017, as long as the person is employed by the same
school district.
SECTION 1.05. Sections 21.058(c), (c-1), and (c-2),
Education Code, are amended to read as follows:
(c) A school district or open-enrollment charter school
that receives notice under Subsection (b) of the revocation of a
certificate issued under this subchapter shall:
(1) immediately remove the person whose certificate
has been revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) if the person is employed under a probationary[,
continuing,] or term contract under this chapter:
(A) suspend the person without pay;
(B) provide the person with written notice that
the person's contract is void as provided by Subsection (c-2); and
(C) terminate the employment of the person as
soon as practicable.
(c-1) If a school district or open-enrollment charter
school becomes aware that a person employed by the district or
school under a probationary[, continuing,] or term contract under
this chapter has been convicted of or received deferred
adjudication for a felony offense, and the person is not subject to
Subsection (c), the district or school may:
(1) suspend the person without pay;
(2) provide the person with written notice that the
person's contract is void as provided by Subsection (c-2); and
(3) terminate the employment of the person as soon as
practicable.
(c-2) A person's probationary[, continuing,] or term
contract is void if the school district or open-enrollment charter
school takes action under Subsection (c)(2)(B) or (c-1)(2).
SECTION 1.06. Section 21.101, Education Code, is amended to
read as follows:
Sec. 21.101. DEFINITION. In this subchapter, "teacher"
means a principal, supervisor, classroom teacher, school
counselor, or other full-time professional employee who is required
to hold a certificate issued under Subchapter B or a nurse. The
term does not include a superintendent or a person who is not
entitled to a probationary[, continuing,] or term contract under
Section 21.002, an existing contract, or district policy.
SECTION 1.07. Section 21.102(c), Education Code, is amended
to read as follows:
(c) An employment contract may not extend the probationary
contract period beyond the end of the third consecutive school year
of the teacher's employment by the school district unless, during
the third year of a teacher's probationary contract, the board of
trustees determines that it is doubtful whether the teacher should
be given [a continuing contract or] a term contract. If the board
makes that determination, the district may make a probationary
contract with the teacher for a term ending with the fourth
consecutive school year of the teacher's employment with the
district, at which time the district shall:
(1) terminate the employment of the teacher; or
(2) employ the teacher under [a continuing contract
or] a term contract as provided by Subchapter [D or] E[, according
to district policy].
SECTION 1.08. Section 21.103(b), Education Code, is amended
to read as follows:
(b) If the board of trustees fails to give the notice of its
decision to terminate the teacher's employment within the time
prescribed by Subsection (a), the board must employ the
probationary teacher in the same capacity under:
(1) a probationary contract for the following school
year, if the teacher has been employed by the district under a
probationary contract for less than three consecutive school years;
or
(2) a [continuing or] term contract, [according to
district policy,] if the teacher has been employed by the district
under a probationary contract for three consecutive school years.
SECTION 1.09. Sections 21.106(a), (b), and (d), Education
Code, are amended to read as follows:
(a) In lieu of [discharging a teacher employed under a
continuing contract,] terminating a teacher employed under a term
contract[,] or not renewing a teacher's term contract, a school
district may, with the written consent of the teacher, return the
teacher to probationary contract status.
(b) Except as provided by Subsection (d), a teacher may
agree to be returned to probationary contract status only after
receiving written notice that the board of trustees of the school
district has proposed [discharge,] termination[,] or nonrenewal.
(d) A teacher may agree to be returned to probationary
contract status after receiving written notice of the
superintendent's intent to recommend [discharge,] termination[,]
or nonrenewal. Notice under this subsection must inform the
teacher of the school district's offer to return the teacher to
probationary contract status, the period during which the teacher
may consider the offer, and the teacher's right to seek counsel.
The district must provide the teacher at least three business days
after the date the teacher receives notice under this subsection to
agree to be returned to probationary contract status. This
subsection does not require a superintendent to provide notice of
an intent to recommend [discharge,] termination[,] or nonrenewal.
SECTION 1.10. Section 21.201(1), Education Code, is amended
to read as follows:
(1) "Teacher" means a superintendent, principal,
supervisor, classroom teacher, school counselor, or other
full-time professional employee who is required to hold a
certificate issued under Subchapter B or a nurse. The term does not
include a person who is not entitled to a probationary[,
continuing,] or term contract under Section 21.002, an existing
contract, or district policy.
SECTION 1.11. Section 21.213, Education Code, is amended to
read as follows:
Sec. 21.213. NONAPPLICABILITY OF SUBCHAPTER. Except as
provided by Section 21.202, this subchapter does not apply to a
teacher employed under a probationary contract in accordance with
Subchapter C [or a continuing contract in accordance with
Subchapter D].
SECTION 1.12. Section 21.251, Education Code, is amended to
read as follows:
Sec. 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) [terminate the teacher's continuing contract at
any time, except as provided by Subsection (b)(3);
[(2)] terminate the teacher's probationary or term
contract before the end of the contract period, except as provided
by Subsection (b)(3); or
(2) [(3)] suspend the teacher without pay.
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract;
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose;
or
(3) a decision, on the basis of a financial exigency
declared under Section 44.011 that requires a reduction in
personnel, to terminate a probationary or term contract before the
end of the contract period [or to terminate a continuing contract at
any time], unless the board of trustees has decided to use the
process prescribed by this subchapter for that purpose.
SECTION 1.13. Section 21.257(a-1), Education Code, is
amended to read as follows:
(a-1) A determination by the hearing examiner 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 and may be adopted, rejected, or changed by the
board of trustees or board subcommittee as provided by Section
21.259(b).
SECTION 1.14. Section 21.303(b), Education Code, is amended
to read as follows:
(b) If the board of trustees 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
unless:
(1) if the board 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 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.
SECTION 1.15. Section 21.4021(g), Education Code, is
amended to read as follows:
(g) If a board of trustees adopts a furlough program after
the date by which a teacher must give notice of resignation under
Section 21.105[, 21.160,] or 21.210, as applicable, a teacher who
subsequently resigns is not subject to sanctions imposed by the
State Board for Educator Certification as otherwise authorized by
those sections.
SECTION 1.16. Section 26.008(b), Education Code, is amended
to read as follows:
(b) An attempt by any school district employee to encourage
or coerce a child to withhold information from the child's parent is
grounds for discipline under Section 21.104[, 21.156,] or 21.211,
as applicable.
SECTION 1.17. (a) On or after the effective date of this
Act, a school district may not enter into a continuing contract
under Chapter 21, Education Code, as that chapter existed before
amendment by this Act.
(b) The amendment by this Act of Chapter 21, Education Code,
does not affect the rights of a person employed under a continuing
contract entered into before the effective date of this Act, and the
provisions of Chapter 21, Education Code, as they existed on
January 1, 2017, are continued in effect for that purpose.
ARTICLE 2. REPEALER; EFFECTIVE DATE
SECTION 2.01. (a) Section 21.002(c), Education Code, is
repealed.
(b) Subchapter D, Chapter 21, Education Code, is repealed.
SECTION 2.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.