87R17332 ANG-D
By: Darby, Huberty, Murr, Dutton, Talarico H.B. No. 2519
Substitute the following for H.B. No. 2519:
By: Dutton C.S.H.B. No. 2519
A BILL TO BE ENTITLED
AN ACT
relating to matters regarding educators, including the composition
of the State Board for Educator Certification, the issuance of
certain sanctions by the board, and a public school teacher's
notification of resignation from employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.033, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) At least two of the members appointed under Subsection
(a)(1), (2), or (3) must be from a school district eligible for an
allotment under Section 48.101.
SECTION 2. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.065 to read as follows:
Sec. 21.065. NOTICE TO TEACHER REGARDING SUSPENSION OF
CERTIFICATE OR PERMIT. (a) In this section, "teacher" means a
superintendent, principal, supervisor, classroom teacher, school
counselor, paraprofessional, or other full-time professional
employee who is required to hold a certificate issued under this
subchapter.
(b) On the suspension of a teacher's certificate or permit
issued under this subchapter, the board shall promptly notify the
teacher of the suspension by certified mail. The notice must
include:
(1) the basis for the suspension; and
(2) information regarding the method in which the
teacher may respond to the suspension.
SECTION 3. Section 21.105, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d) and (e)
to read as follows:
(a) A teacher employed under a probationary contract for the
following school year may relinquish the position and leave the
employment of the district at the end of a school year without
penalty by filing with the board of trustees or its designee a
written resignation not later than the 30th [45th] day before the
first day of instruction of the following school year. A written
resignation mailed by prepaid certified or registered mail to the
president of the board of trustees or the board's designee at the
post office address of the district is considered filed at the time
of mailing.
(c) Subject to Subsection (e), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher employed under a
probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a school district submits a complaint regarding a
teacher to the State Board for Educator Certification under
Subsection (c), the district shall promptly notify the teacher of
the complaint. The notice must include:
(1) the basis of the complaint;
(2) information regarding how the teacher may contact
the State Board for Educator Certification; and
(3) a reminder that the teacher should verify that the
teacher's mailing address on file with the State Board for Educator
Certification is current.
(e) Before imposing sanctions against a teacher under
Subsection (c), the State Board for Educator Certification:
(1) must consider any mitigating factors relevant to
the teacher's conduct; and
(2) may consider alternatives to sanctions, including
additional continuing education or training.
SECTION 4. Section 21.160, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d) and (e)
to read as follows:
(a) A teacher employed under a continuing contract may
relinquish the position and leave the employment of the district at
the end of a school year without penalty by filing with the board of
trustees or its designee a written resignation not later than the
30th [45th] day before the first day of instruction of the following
school year. A written resignation mailed by prepaid certified or
registered mail to the president of the board of trustees or the
board's designee at the post office address of the district is
considered filed at time of mailing.
(c) Subject to Subsection (e), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher who is employed under a
continuing contract that obligates the district to employ the
person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a school district submits a complaint regarding a
teacher to the State Board for Educator Certification under
Subsection (c), the district shall promptly notify the teacher of
the complaint. The notice must include:
(1) the basis of the complaint;
(2) information regarding how the teacher may contact
the State Board for Educator Certification; and
(3) a reminder that the teacher should verify that the
teacher's mailing address on file with the State Board for Educator
Certification is current.
(e) Before imposing sanctions against a teacher under
Subsection (c), the State Board for Educator Certification:
(1) must consider any mitigating factors relevant to
the teacher's conduct; and
(2) may consider alternatives to sanctions, including
additional continuing education or training.
SECTION 5. Section 21.210, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d) and (e)
to read as follows:
(a) A teacher employed under a term contract with a school
district may relinquish the teaching position and leave the
employment of the district at the end of a school year without
penalty by filing a written resignation with the board of trustees
or the board's designee not later than the 30th [45th] day before
the first day of instruction of the following school year. A written
resignation mailed by prepaid certified or registered mail to the
president of the board of trustees or the board's designee at the
post office address of the district is considered filed at the time
of mailing.
(c) Subject to Subsection (e), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher who is employed under a term
contract that obligates the district to employ the person for the
following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a school district submits a complaint regarding a
teacher to the State Board for Educator Certification under
Subsection (c), the district shall promptly notify the teacher of
the complaint. The notice must include:
(1) the basis of the complaint;
(2) information regarding how the teacher may contact
the State Board for Educator Certification; and
(3) a reminder that the teacher should verify that the
teacher's mailing address on file with the State Board for Educator
Certification is current.
(e) Before imposing sanctions against a teacher under
Subsection (c), the State Board for Educator Certification:
(1) must consider any mitigating factors relevant to
the teacher's conduct; and
(2) may consider alternatives to sanctions, including
additional continuing education or training.
SECTION 6. Section 21.033(a-1), Education Code, as added by
this Act, requiring that at least two members of the State Board for
Educator Certification appointed under Subsection (a)(1), (2), or
(3) of that section be from a school district eligible for an
allotment under Section 48.101, does not affect the entitlement of
members described by those subdivisions serving on the board
immediately before the effective date of this Act to continue to
carry out the members' duties for the remainder of the members'
terms. The governor shall appoint members who meet the
requirements under Section 21.033(a-1), Education Code, as added by
this Act, if necessary, on the first two vacancies that occur after
the effective date of this Act of a board position held by a member
under Subsection (a)(1), (2), or (3) of that section.
SECTION 7. Section 21.065, Education Code, as added by this
Act, applies only to a suspension of a teacher's certificate or
permit by the State Board for Educator Certification occurring on
or after the effective date of this Act.
SECTION 8. (a) Sections 21.105(a), 21.160(a), and
21.210(a), Education Code, as amended by this Act, apply beginning
with the written resignation required to be filed by a teacher who
intends to leave employment with a school district at the end of the
2021-2022 school year.
(b) Sections 21.105(d), 21.160(d), and 21.210(d), Education
Code, as added by this Act, apply only to a complaint submitted to
the State Board for Educator Certification on or after the
effective date of this Act.
(c) Sections 21.105(e), 21.160(e), and 21.210(e), Education
Code, as added by this Act, apply only to a disciplinary proceeding
initiated by the State Board for Educator Certification on or after
the effective date of this Act. A disciplinary proceeding
commenced before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2021.