| 1 | 1 | | 87R8684 CXP-D |
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| 2 | 2 | | By: Creighton S.B. No. 1159 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to performance evaluations of tenured faculty at public |
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| 8 | 8 | | institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 51.942(c), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (c) In addition to any other provisions adopted by the |
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| 13 | 13 | | governing board, the rules shall include provisions providing that: |
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| 14 | 14 | | (1) each faculty member tenured at the institution be |
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| 15 | 15 | | subject to a comprehensive performance evaluation process |
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| 16 | 16 | | conducted no more often than once every year, but no less often than |
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| 17 | 17 | | once every four [six] years, after the date the faculty member was |
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| 18 | 18 | | granted tenure or received an academic promotion at the |
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| 19 | 19 | | institution; |
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| 20 | 20 | | (2) the evaluation be based on the professional |
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| 21 | 21 | | responsibilities of the faculty member, in teaching, research, |
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| 22 | 22 | | service, patient care, and administration, and include peer review |
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| 23 | 23 | | of the faculty member; |
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| 24 | 24 | | (3) the process be directed toward the professional |
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| 25 | 25 | | development of the faculty member; |
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| 26 | 26 | | (4) the process incorporate commonly recognized |
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| 27 | 27 | | academic due process rights, including notice of the manner and |
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| 28 | 28 | | scope of the evaluation, the opportunity to provide documentation |
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| 29 | 29 | | during the evaluation process, and, before a faculty member may be |
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| 30 | 30 | | subject to disciplinary action on the basis of an evaluation |
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| 31 | 31 | | conducted pursuant to this section, notice of specific charges and |
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| 32 | 32 | | an opportunity for hearing on those charges; and |
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| 33 | 33 | | (5) a faculty member be subject to revocation of |
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| 34 | 34 | | tenure or other appropriate disciplinary action if the governing |
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| 35 | 35 | | board determines that: |
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| 36 | 36 | | (A) the faculty member is incompetent or has |
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| 37 | 37 | | engaged in [incompetency,] neglect of duty, sexual harassment, |
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| 38 | 38 | | fiscal malfeasance, plagiarism, or conduct involving moral |
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| 39 | 39 | | turpitude; or |
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| 40 | 40 | | (B) [or] other good cause exists for the |
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| 41 | 41 | | revocation or disciplinary action [is determined to be present]. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2021. |
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