Bill Text: TX SB912 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to temporary modification under certain circumstances of procedures authorized for the nonrenewal of public school teacher term contracts.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-04-11 - Referred to Public Education [SB912 Detail]
Download: Texas-2011-SB912-Engrossed.html
By: West, et al. | S.B. No. 912 |
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relating to temporary modification under certain circumstances of | ||
procedures authorized for the nonrenewal of public school teacher | ||
term contracts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E, Chapter 21, Education Code, is | ||
amended by adding Section 21.2071 to read as follows: | ||
Sec. 21.2071. NONRENEWAL HEARING UNDER TERM CONTRACT; | ||
REDUCTION IN PERSONNEL OR PROGRAM CHANGE. (a) Notwithstanding any | ||
other provision of this chapter, the board of trustees of a school | ||
district may hold or provide for a hearing under this section if the | ||
board orders a reduction in personnel on the basis of, as determined | ||
by the board, financial exigency or a program change. | ||
(b) If a teacher desires a hearing after receiving notice of | ||
the proposed nonrenewal of the teacher's term contract under | ||
Section 21.206, the teacher shall notify the board of trustees of | ||
the school district in writing not later than the 30th day after the | ||
date the teacher receives the notice of the proposed nonrenewal. A | ||
hearing held by the board under this section or held by the board's | ||
designee under Subsection (d) must be held not later than the 15th | ||
day after the date the board receives the request for a hearing | ||
unless the parties agree in writing to a different date. | ||
(c) A hearing held by the board of trustees under this | ||
section or held by the board's designee under Subsection (d) must | ||
be: | ||
(1) closed unless the teacher requests an open | ||
hearing; and | ||
(2) conducted in accordance with rules adopted by the | ||
board. | ||
(d) The board of trustees may designate an attorney licensed | ||
to practice law in this state to hold the hearing on behalf of the | ||
board, to create a hearing record for the board's consideration and | ||
action, and to recommend an action to the board. The attorney | ||
serving as the board's designee may not be employed by a school | ||
district, and neither the designee nor a law firm with which the | ||
designee is associated may be serving as an agent or representative | ||
of a school district, of a teacher in a dispute between a district | ||
and a teacher, or of an organization of school employees, school | ||
administrators, or school boards of trustees. Not later than the | ||
15th day after the completion of the hearing under this subsection, | ||
the board's designee shall provide to the board a record of the | ||
hearing and the designee's recommendation of whether the contract | ||
should be renewed or not renewed. The board shall consider the | ||
record of the hearing and the designee's recommendation at the | ||
first board meeting for which notice can be posted in compliance | ||
with Chapter 551, Government Code, following the receipt of the | ||
record and recommendation from the board's designee, unless the | ||
parties agree in writing to a different date. At the meeting, the | ||
board shall consider the hearing record and the designee's | ||
recommendation and allow each party to present an oral argument to | ||
the board. The board by written policy may limit the amount of time | ||
for oral argument. The policy must provide equal time for each | ||
party. The board may obtain advice concerning legal matters from an | ||
attorney who has not been involved in the proceedings. The board | ||
may accept, reject, or modify the designee's recommendation. The | ||
board shall notify the teacher in writing of the board's decision | ||
not later than the 15th day after the date of the meeting. | ||
(e) At a hearing under this section, the teacher may: | ||
(1) be represented by a representative of the | ||
teacher's choice; | ||
(2) hear the evidence supporting the reason for | ||
nonrenewal; | ||
(3) cross-examine adverse witnesses; and | ||
(4) present evidence. | ||
(f) Notwithstanding any other provision of this section, in | ||
lieu of the board of trustees holding a hearing under this section | ||
or designating an attorney to hold a hearing under Subsection (d), | ||
the board may use the process established under Subchapter F. | ||
(g) This section expires December 31, 2011. | ||
SECTION 2. 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, 2011. |