Bill Text: TX SB1238 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to matters regarding educators, including the composition of the State Board for Educator Certification, the board's disciplinary proceedings, and a public school teacher's notification of resignation from employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Education [SB1238 Detail]

Download: Texas-2021-SB1238-Introduced.html

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87R6278 ANG-D
By: Zaffirini S.B. No. 1238

A BILL TO BE ENTITLED
AN ACT
relating to matters regarding educators, including the composition
of the State Board for Educator Certification, the board's
disciplinary proceedings, and a public school teacher's
notification of resignation from employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.033, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) At least two of the members appointed under Subsection
(a)(1), (2), or (3) must be from a school district with fewer than
999 students in membership for purposes of average daily
attendance.
SECTION 2. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.065, 21.066, and 21.067 to read as
follows:
Sec. 21.065. FINDINGS OF FACT. In adopting findings of fact
in a disciplinary proceeding initiated under this chapter to
suspend or revoke a certificate or permit, the board must include in
the findings any available information regarding the respondent's
response to the allegations on which the proceeding is based.
Sec. 21.066. ALTERNATIVES TO SUSPENSION. Before suspending
a certificate or permit issued under this subchapter, including for
a reason related to contract abandonment, the board must consider
requiring additional continuing education or training as an
alternative to suspension.
Sec. 21.067. NOTICE TO TEACHER REGARDING SUSPENSION OR
REVOCATION OF CERTIFICATE OR PERMIT. (a) In this section,
"teacher" means a superintendent, principal, supervisor, classroom
teacher, school counselor, or other full-time professional
employee who is required to hold a certificate issued under this
subchapter.
(b) On the suspension or revocation of a teacher's
certificate or permit issued under this subchapter, the board shall
promptly notify the teacher of the suspension or revocation by
certified mail and, if available, e-mail. The notice must include
the basis for the suspension or revocation.
SECTION 3. Section 21.105, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A teacher employed under a probationary contract for the
following school year may relinquish the position and leave the
employment of the district at the end of a school year without
penalty by filing with the board of trustees or its designee a
written resignation not later than the 30th [45th] day before the
first day of instruction of the following school year. A written
resignation mailed by prepaid certified or registered mail to the
president of the board of trustees or the board's designee at the
post office address of the district is considered filed at the time
of mailing.
(c) Subject to Subsection (d), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher employed under a
probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a teacher fails to timely file a written resignation
as required by Subsection (a), the State Board for Educator
Certification may not revoke the teacher's certificate under
Subsection (c) if the teacher:
(1) has no disciplinary history with the board; and
(2) demonstrates that the notice of resignation given
was reasonable under the circumstances.
SECTION 4. Section 21.160, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A teacher employed under a continuing contract may
relinquish the position and leave the employment of the district at
the end of a school year without penalty by filing with the board of
trustees or its designee a written resignation not later than the
30th [45th] day before the first day of instruction of the following
school year. A written resignation mailed by prepaid certified or
registered mail to the president of the board of trustees or the
board's designee at the post office address of the district is
considered filed at time of mailing.
(c) Subject to Subsection (d), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher who is employed under a
continuing contract that obligates the district to employ the
person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a teacher fails to timely file a written resignation
as required by Subsection (a), the State Board for Educator
Certification may not revoke the teacher's certificate under
Subsection (c) if the teacher:
(1) has no disciplinary history with the board; and
(2) demonstrates that the notice of resignation given
was reasonable under the circumstances.
SECTION 5. Section 21.210, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (d) to read
as follows:
(a) A teacher employed under a term contract with a school
district may relinquish the teaching position and leave the
employment of the district at the end of a school year without
penalty by filing a written resignation with the board of trustees
or the board's designee not later than the 30th [45th] day before
the first day of instruction of the following school year. A written
resignation mailed by prepaid certified or registered mail to the
president of the board of trustees or the board's designee at the
post office address of the district is considered filed at the time
of mailing.
(c) Subject to Subsection (d), on [On] written complaint by
the employing district, the State Board for Educator Certification
may impose sanctions against a teacher who is employed under a term
contract that obligates the district to employ the person for the
following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(d) If a teacher fails to timely file a written resignation
as required by Subsection (a), the State Board for Educator
Certification may not revoke the teacher's certificate under
Subsection (c) if the teacher:
(1) has no disciplinary history with the board; and
(2) demonstrates that the notice of resignation given
was reasonable under the circumstances.
SECTION 6. Section 21.033(a-1), Education Code, as added by
this Act, requiring that at least two members of the State Board for
Educator Certification appointed under Subsection (a)(1), (2), or
(3) of that section be from a school district with fewer than 999
students in membership for purposes of average daily attendance,
does not affect the entitlement of members described by those
subdivisions serving on the board immediately before the effective
date of this Act to continue to carry out the members' duties for
the remainder of the members' terms. The governor shall appoint
members who meet the requirements under Section 21.033(a-1),
Education Code, as added by this Act, if necessary, on the first two
vacancies that occur after the effective date of this Act of a board
position held by a member under Subsection (a)(1), (2), or (3) of
that section.
SECTION 7. Sections 21.065, 21.066, 21.105(d), 21.160(d),
and 21.210(d), Education Code, as added by this Act, apply only to a
disciplinary proceeding initiated by the State Board for Educator
Certification on or after the effective date of this Act. A
disciplinary proceeding commenced before the effective date of this
Act is governed by the law in effect immediately before that date,
and the former law is continued in effect for that purpose.
SECTION 8. Section 21.067, Education Code, as added by this
Act, applies only to a suspension or revocation of a teacher's
certificate or permit by the State Board for Educator Certification
occurring on or after the effective date of this Act.
SECTION 9. Sections 21.105(a), 21.160(a), and 21.210(a),
Education Code, as amended by this Act, apply beginning with the
written resignation required to be filed by a teacher who intends to
leave employment with a school district at the end of the 2021-2022
school year.
SECTION 10. This Act takes effect September 1, 2021.