By: Darby, et al. (Senate Sponsor - Zaffirini) H.B. No. 2519
(In the Senate - Received from the House April 21, 2021;
May 4, 2021, read first time and referred to Committee on
Education; May 25, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 11, Nays 0;
May 25, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2519 By: Menéndez
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 requiring a school district to
notify a teacher regarding the submission of certain complaints to
the board.
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) Except as provided by Subsection (c), 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.
(c) Subsection (b) does not apply to the suspension of a
teacher's certificate or permit by an agreed order.
SECTION 3. Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) Subject to Subsections (e) and (f), 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.
(f) If a teacher fails to timely file a written resignation
as required by Subsection (a) but files a written resignation in the
manner provided by that subsection not later than the 30th day
before the first day of instruction of the following school year,
the State Board for Educator Certification may not suspend or
revoke the teacher's certificate under Subsection (c).
SECTION 4. Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) Subject to Subsections (e) and (f), 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.
(f) If a teacher fails to timely file a written resignation
as required by Subsection (a) but files a written resignation in the
manner provided by that subsection not later than the 30th day
before the first day of instruction of the following school year,
the State Board for Educator Certification may not suspend or
revoke the teacher's certificate under Subsection (c).
SECTION 5. Section 21.210, Education Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) Subject to Subsections (e) and (f), 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.
(f) If a teacher fails to timely file a written resignation
as required by Subsection (a) but files a written resignation in the
manner provided by that subsection not later than the 30th day
before the first day of instruction of the following school year,
the State Board for Educator Certification may not suspend or
revoke the teacher's certificate under Subsection (c).
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(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.
(b) Sections 21.105(e) and (f), 21.160(e) and (f), and
21.210(e) and (f), 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.
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