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