| 1 | 1 | | 87R1198 MEW-D |
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| 2 | 2 | | By: Menéndez S.B. No. 256 |
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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 requiring school districts to employ certain educators |
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| 8 | 8 | | who retired or resigned because of the coronavirus disease |
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| 9 | 9 | | pandemic. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 21, Education Code, is |
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| 12 | 12 | | amended by adding Section 21.010 to read as follows: |
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| 13 | 13 | | Sec. 21.010. EDUCATOR RESIGNATION OR RETIREMENT AFTER |
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| 14 | 14 | | 2019-2020 SCHOOL YEAR OR DURING 2020-2021 SCHOOL YEAR. (a) In this |
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| 15 | 15 | | section, "employment action" means an action that affects an |
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| 16 | 16 | | employee's compensation, promotion, demotion, transfer, work |
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| 17 | 17 | | assignment, or performance evaluation. |
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| 18 | 18 | | (b) Beginning with the 2021-2022 school year, an educator |
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| 19 | 19 | | employed by a school district for the 2019-2020 or 2020-2021 school |
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| 20 | 20 | | year who resigned or retired from the educator's position after the |
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| 21 | 21 | | 2019-2020 school year or during the 2020-2021 school year solely |
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| 22 | 22 | | because of the coronavirus disease (COVID-19) pandemic is entitled |
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| 23 | 23 | | to: |
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| 24 | 24 | | (1) reinstatement to the educator's former position or |
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| 25 | 25 | | an equivalent position; and |
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| 26 | 26 | | (2) reinstatement of any fringe benefits and seniority |
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| 27 | 27 | | rights that the educator was entitled to before the educator's |
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| 28 | 28 | | resignation or retirement. |
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| 29 | 29 | | (c) If an educator returns to employment as provided by |
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| 30 | 30 | | Subsection (b), a school district may not take any adverse |
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| 31 | 31 | | employment action against the educator based on the educator's |
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| 32 | 32 | | decision to resign or retire after the 2019-2020 school year or |
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| 33 | 33 | | during the 2020-2021 school year. |
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| 34 | 34 | | (d) The commissioner shall adopt rules as necessary to |
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| 35 | 35 | | implement this section. |
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| 36 | 36 | | SECTION 2. This Act applies beginning with the 2021-2022 |
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| 37 | 37 | | school year. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2021. |
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