Texas 2021 - 87th Regular

Texas Senate Bill SB1238 Compare Versions

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

Old	New	Differences
1	1	87R6278 ANG-D
2	2	By: Zaffirini S.B. No. 1238
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to matters regarding educators, including the composition
8	8	of the State Board for Educator Certification, the board's
9	9	disciplinary proceedings, and a public school teacher's
10	10	notification of resignation from employment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 21.033, Education Code, is amended by
13	13	adding Subsection (a-1) to read as follows:
14	14	(a-1) At least two of the members appointed under Subsection
15	15	(a)(1), (2), or (3) must be from a school district with fewer than
16	16	999 students in membership for purposes of average daily
17	17	attendance.
18	18	SECTION 2. Subchapter B, Chapter 21, Education Code, is
19	19	amended by adding Sections 21.065, 21.066, and 21.067 to read as
20	20	follows:
21	21	Sec. 21.065. FINDINGS OF FACT. In adopting findings of fact
22	22	in a disciplinary proceeding initiated under this chapter to
23	23	suspend or revoke a certificate or permit, the board must include in
24	24	the findings any available information regarding the respondent's
25	25	response to the allegations on which the proceeding is based.
26	26	Sec. 21.066. ALTERNATIVES TO SUSPENSION. Before suspending
27	27	a certificate or permit issued under this subchapter, including for
28	28	a reason related to contract abandonment, the board must consider
29	29	requiring additional continuing education or training as an
30	30	alternative to suspension.
31	31	Sec. 21.067. NOTICE TO TEACHER REGARDING SUSPENSION OR
32	32	REVOCATION OF CERTIFICATE OR PERMIT. (a) In this section,
33	33	"teacher" means a superintendent, principal, supervisor, classroom
34	34	teacher, school counselor, or other full-time professional
35	35	employee who is required to hold a certificate issued under this
36	36	subchapter.
37	37	(b) On the suspension or revocation of a teacher's
38	38	certificate or permit issued under this subchapter, the board shall
39	39	promptly notify the teacher of the suspension or revocation by
40	40	certified mail and, if available, e-mail. The notice must include
41	41	the basis for the suspension or revocation.
42	42	SECTION 3. Section 21.105, Education Code, is amended by
43	43	amending Subsections (a) and (c) and adding Subsection (d) to read
44	44	as follows:
45	45	(a) A teacher employed under a probationary contract for the
46	46	following school year may relinquish the position and leave the
47	47	employment of the district at the end of a school year without
48	48	penalty by filing with the board of trustees or its designee a
49	49	written resignation not later than the 30th [45th] day before the
50	50	first day of instruction of the following school year. A written
51	51	resignation mailed by prepaid certified or registered mail to the
52	52	president of the board of trustees or the board's designee at the
53	53	post office address of the district is considered filed at the time
54	54	of mailing.
55	55	(c) Subject to Subsection (d), on [On] written complaint by
56	56	the employing district, the State Board for Educator Certification
57	57	may impose sanctions against a teacher employed under a
58	58	probationary contract who:
59	59	(1) resigns;
60	60	(2) fails without good cause to comply with Subsection
61	61	(a) or (b); and
62	62	(3) fails to perform the contract.
63	63	(d) If a teacher fails to timely file a written resignation
64	64	as required by Subsection (a), the State Board for Educator
65	65	Certification may not revoke the teacher's certificate under
66	66	Subsection (c) if the teacher:
67	67	(1) has no disciplinary history with the board; and
68	68	(2) demonstrates that the notice of resignation given
69	69	was reasonable under the circumstances.
70	70	SECTION 4. Section 21.160, Education Code, is amended by
71	71	amending Subsections (a) and (c) and adding Subsection (d) to read
72	72	as follows:
73	73	(a) A teacher employed under a continuing contract may
74	74	relinquish the position and leave the employment of the district at
75	75	the end of a school year without penalty by filing with the board of
76	76	trustees or its designee a written resignation not later than the
77	77	30th [45th] day before the first day of instruction of the following
78	78	school year. A written resignation mailed by prepaid certified or
79	79	registered mail to the president of the board of trustees or the
80	80	board's designee at the post office address of the district is
81	81	considered filed at time of mailing.
82	82	(c) Subject to Subsection (d), on [On] written complaint by
83	83	the employing district, the State Board for Educator Certification
84	84	may impose sanctions against a teacher who is employed under a
85	85	continuing contract that obligates the district to employ the
86	86	person for the following school year and who:
87	87	(1) resigns;
88	88	(2) fails without good cause to comply with Subsection
89	89	(a) or (b); and
90	90	(3) fails to perform the contract.
91	91	(d) If a teacher fails to timely file a written resignation
92	92	as required by Subsection (a), the State Board for Educator
93	93	Certification may not revoke the teacher's certificate under
94	94	Subsection (c) if the teacher:
95	95	(1) has no disciplinary history with the board; and
96	96	(2) demonstrates that the notice of resignation given
97	97	was reasonable under the circumstances.
98	98	SECTION 5. Section 21.210, Education Code, is amended by
99	99	amending Subsections (a) and (c) and adding Subsection (d) to read
100	100	as follows:
101	101	(a) A teacher employed under a term contract with a school
102	102	district may relinquish the teaching position and leave the
103	103	employment of the district at the end of a school year without
104	104	penalty by filing a written resignation with the board of trustees
105	105	or the board's designee not later than the 30th [45th] day before
106	106	the first day of instruction of the following school year. A written
107	107	resignation mailed by prepaid certified or registered mail to the
108	108	president of the board of trustees or the board's designee at the
109	109	post office address of the district is considered filed at the time
110	110	of mailing.
111	111	(c) Subject to Subsection (d), on [On] written complaint by
112	112	the employing district, the State Board for Educator Certification
113	113	may impose sanctions against a teacher who is employed under a term
114	114	contract that obligates the district to employ the person for the
115	115	following school year and who:
116	116	(1) resigns;
117	117	(2) fails without good cause to comply with Subsection
118	118	(a) or (b); and
119	119	(3) fails to perform the contract.
120	120	(d) If a teacher fails to timely file a written resignation
121	121	as required by Subsection (a), the State Board for Educator
122	122	Certification may not revoke the teacher's certificate under
123	123	Subsection (c) if the teacher:
124	124	(1) has no disciplinary history with the board; and
125	125	(2) demonstrates that the notice of resignation given
126	126	was reasonable under the circumstances.
127	127	SECTION 6. Section 21.033(a-1), Education Code, as added by
128	128	this Act, requiring that at least two members of the State Board for
129	129	Educator Certification appointed under Subsection (a)(1), (2), or
130	130	(3) of that section be from a school district with fewer than 999
131	131	students in membership for purposes of average daily attendance,
132	132	does not affect the entitlement of members described by those
133	133	subdivisions serving on the board immediately before the effective
134	134	date of this Act to continue to carry out the members' duties for
135	135	the remainder of the members' terms. The governor shall appoint
136	136	members who meet the requirements under Section 21.033(a-1),
137	137	Education Code, as added by this Act, if necessary, on the first two
138	138	vacancies that occur after the effective date of this Act of a board
139	139	position held by a member under Subsection (a)(1), (2), or (3) of
140	140	that section.
141	141	SECTION 7. Sections 21.065, 21.066, 21.105(d), 21.160(d),
142	142	and 21.210(d), Education Code, as added by this Act, apply only to a
143	143	disciplinary proceeding initiated by the State Board for Educator
144	144	Certification on or after the effective date of this Act. A
145	145	disciplinary proceeding commenced before the effective date of this
146	146	Act is governed by the law in effect immediately before that date,
147	147	and the former law is continued in effect for that purpose.
148	148	SECTION 8. Section 21.067, Education Code, as added by this
149	149	Act, applies only to a suspension or revocation of a teacher's
150	150	certificate or permit by the State Board for Educator Certification
151	151	occurring on or after the effective date of this Act.
152	152	SECTION 9. Sections 21.105(a), 21.160(a), and 21.210(a),
153	153	Education Code, as amended by this Act, apply beginning with the
154	154	written resignation required to be filed by a teacher who intends to
155	155	leave employment with a school district at the end of the 2021-2022
156	156	school year.
157	157	SECTION 10. This Act takes effect September 1, 2021.