85R785 KKA-D
	By: Huffines	S.B. No. 609

	A BILL TO BE ENTITLED
	AN ACT
	relating to elimination of the use of continuing contracts by
	school districts in employing teachers and other professionals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. ELIMINATION OF CONTINUING CONTRACTS
	SECTION 1.01.  Sections 7.056(e) and (f), Education Code,
	are amended to read as follows:
	(e)  Except as provided by Subsection (f), a school campus or
	district may not receive an exemption or waiver under this section
	from:
	(1)  a prohibition on conduct that constitutes a
	criminal offense;
	(2)  a requirement imposed by federal law or rule,
	including a requirement for special education or bilingual
	education programs; or
	(3)  a requirement, restriction, or prohibition
	relating to:
	(A)  essential knowledge or skills under Section
	28.002 or high school graduation requirements under Section 28.025;
	(B)  public school accountability as provided by
	Subchapters B, C, D, E, F, and J, Chapter 39;
	(C)  extracurricular activities under Section
	33.081 or participation in a University Interscholastic League
	area, regional, or state competition under Section 33.0812;
	(D)  health and safety under Chapter 38;
	(E)  purchasing under Subchapter B, Chapter 44;
	(F)  elementary school class size limits, except
	as provided by Section 25.112;
	(G)  removal of a disruptive student from the
	classroom under Subchapter A, Chapter 37;
	(H)  at-risk programs under Subchapter C, Chapter
	29;
	(I)  prekindergarten programs under Subchapter E,
	Chapter 29;
	(J)  educator rights and benefits under
	Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
	Subchapter A, Chapter 22;
	(K)  special education programs under Subchapter
	A, Chapter 29;
	(L)  bilingual education programs under
	Subchapter B, Chapter 29; or
	(M)  the requirements for the first day of
	instruction under Section 25.0811.
	(f)  A school district [or campus] that is required to
	develop and implement a student achievement improvement plan under
	Section 39.102 [or 39.103] may receive an exemption or waiver under
	this section from any law or rule other than:
	(1)  a prohibition on conduct that constitutes a
	criminal offense;
	(2)  a requirement imposed by federal law or rule;
	(3)  a requirement, restriction, or prohibition
	imposed by state law or rule relating to:
	(A)  public school accountability as provided by
	Subchapters B, C, D, E, F, and J, Chapter 39; or
	(B)  educator rights and benefits under
	Subchapters A, C, [D,] E, F, G, and I, Chapter 21, or under
	Subchapter A, Chapter 22; or
	(4)  selection of instructional materials under
	Chapter 31.
	SECTION 1.02.  Sections 21.002(a) and (b), Education Code,
	are amended to read as follows:
	(a)  A school district shall employ each classroom teacher,
	principal, librarian, nurse, or school counselor under:
	(1)  a probationary contract, as provided by Subchapter
	C;
	[(2)     a continuing contract, as provided by Subchapter
	D;] or
	(2) [(3)]  a term contract, as provided by Subchapter
	E.
	(b)  A district is not required to employ a person other than
	an employee listed in Subsection (a) under a probationary[,
	continuing,] or term contract.
	SECTION 1.03.  Section 21.0031(a), Education Code, is
	amended to read as follows:
	(a)  An employee's probationary[, continuing,] or term
	contract under this chapter is void if the employee:
	(1)  does not hold a valid certificate or permit issued
	by the State Board for Educator Certification;
	(2)  fails to fulfill the requirements necessary to
	renew or extend the employee's temporary, probationary, or
	emergency certificate or any other certificate or permit issued
	under Subchapter B; or
	(3)  fails to comply with any requirement under
	Subchapter C, Chapter 22, if the failure results in suspension or
	revocation of the employee's certificate under Section
	22.0831(f)(2).
	SECTION 1.04.  Subchapter A, Chapter 21, Education Code, is
	amended by adding Section 21.008 to read as follows:
	Sec. 21.008.  APPLICATION OF FORMER LAW. A person employed
	under a continuing contract under former Subchapter D, as that
	subchapter existed on January 1, 2017, continues to be subject to
	the rights and duties provided by this chapter as it existed on
	January 1, 2017, as long as the person is employed by the same
	school district.
	SECTION 1.05.  Sections 21.058(c), (c-1), and (c-2),
	Education Code, are amended to read as follows:
	(c)  A school district or open-enrollment charter school
	that receives notice under Subsection (b) of the revocation of a
	certificate issued under this subchapter shall:
	(1)  immediately remove the person whose certificate
	has been revoked from campus or from an administrative office, as
	applicable, to prevent the person from having any contact with a
	student; and
	(2)  if the person is employed under a probationary[,
	continuing,] or term contract under this chapter:
	(A)  suspend the person without pay;
	(B)  provide the person with written notice that
	the person's contract is void as provided by Subsection (c-2); and
	(C)  terminate the employment of the person as
	soon as practicable.
	(c-1)  If a school district or open-enrollment charter
	school becomes aware that a person employed by the district or
	school under a probationary[, continuing,] or term contract under
	this chapter has been convicted of or received deferred
	adjudication for a felony offense, and the person is not subject to
	Subsection (c), the district or school may:
	(1)  suspend the person without pay;
	(2)  provide the person with written notice that the
	person's contract is void as provided by Subsection (c-2); and
	(3)  terminate the employment of the person as soon as
	practicable.
	(c-2)  A person's probationary[, continuing,] or term
	contract is void if the school district or open-enrollment charter
	school takes action under Subsection (c)(2)(B) or (c-1)(2).
	SECTION 1.06.  Section 21.101, Education Code, is amended to
	read as follows:
	Sec. 21.101.  DEFINITION. In this subchapter, "teacher"
	means a principal, supervisor, classroom teacher, school
	counselor, or other full-time professional employee who is required
	to hold a certificate issued under Subchapter B or a nurse. The
	term does not include a superintendent or a person who is not
	entitled to a probationary[, continuing,] or term contract under
	Section 21.002, an existing contract, or district policy.
	SECTION 1.07.  Section 21.102(c), Education Code, is amended
	to read as follows:
	(c)  An employment contract may not extend the probationary
	contract period beyond the end of the third consecutive school year
	of the teacher's employment by the school district unless, during
	the third year of a teacher's probationary contract, the board of
	trustees determines that it is doubtful whether the teacher should
	be given [a continuing contract or] a term contract. If the board
	makes that determination, the district may make a probationary
	contract with the teacher for a term ending with the fourth
	consecutive school year of the teacher's employment with the
	district, at which time the district shall:
	(1)  terminate the employment of the teacher; or
	(2)  employ the teacher under [a continuing contract
	or] a term contract as provided by Subchapter [D or] E[, according
	to district policy].
	SECTION 1.08.  Section 21.103(b), Education Code, is amended
	to read as follows:
	(b)  If the board of trustees fails to give the notice of its
	decision to terminate the teacher's employment within the time
	prescribed by Subsection (a), the board must employ the
	probationary teacher in the same capacity under:
	(1)  a probationary contract for the following school
	year, if the teacher has been employed by the district under a
	probationary contract for less than three consecutive school years;
	or
	(2)  a [continuing or] term contract, [according to
	district policy,] if the teacher has been employed by the district
	under a probationary contract for three consecutive school years.
	SECTION 1.09.  Sections 21.106(a), (b), and (d), Education
	Code, are amended to read as follows:
	(a)  In lieu of [discharging a teacher employed under a
	continuing contract,] terminating a teacher employed under a term
	contract[,] or not renewing a teacher's term contract, a school
	district may, with the written consent of the teacher, return the
	teacher to probationary contract status.
	(b)  Except as provided by Subsection (d), a teacher may
	agree to be returned to probationary contract status only after
	receiving written notice that the board of trustees of the school
	district has proposed [discharge,] termination[,] or nonrenewal.
	(d)  A teacher may agree to be returned to probationary
	contract status after receiving written notice of the
	superintendent's intent to recommend [discharge,] termination[,]
	or nonrenewal. Notice under this subsection must inform the
	teacher of the school district's offer to return the teacher to
	probationary contract status, the period during which the teacher
	may consider the offer, and the teacher's right to seek counsel.
	The district must provide the teacher at least three business days
	after the date the teacher receives notice under this subsection to
	agree to be returned to probationary contract status. This
	subsection does not require a superintendent to provide notice of
	an intent to recommend [discharge,] termination[,] or nonrenewal.
	SECTION 1.10.  Section 21.201(1), Education Code, is amended
	to read as follows:
	(1)  "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 Subchapter B or a nurse. The term does not
	include a person who is not entitled to a probationary[,
	continuing,] or term contract under Section 21.002, an existing
	contract, or district policy.
	SECTION 1.11.  Section 21.213, Education Code, is amended to
	read as follows:
	Sec. 21.213.  NONAPPLICABILITY OF SUBCHAPTER. Except as
	provided by Section 21.202, this subchapter does not apply to a
	teacher employed under a probationary contract in accordance with
	Subchapter C [or a continuing contract in accordance with
	Subchapter D].
	SECTION 1.12.  Section 21.251, Education Code, is amended to
	read as follows:
	Sec. 21.251.  APPLICABILITY. (a) This subchapter applies
	if a teacher requests a hearing after receiving notice of the
	proposed decision to:
	(1)  [terminate the teacher's continuing contract at
	any time, except as provided by Subsection (b)(3);
	[(2)]  terminate the teacher's probationary or term
	contract before the end of the contract period, except as provided
	by Subsection (b)(3); or
	(2) [(3)]  suspend the teacher without pay.
	(b)  This subchapter does not apply to:
	(1)  a decision to terminate a teacher's employment at
	the end of a probationary contract;
	(2)  a decision not to renew a teacher's term contract,
	unless the board of trustees of the employing district has decided
	to use the process prescribed by this subchapter for that purpose;
	or
	(3)  a decision, on the basis of a financial exigency
	declared under Section 44.011 that requires a reduction in
	personnel, to terminate a probationary or term contract before the
	end of the contract period [or to terminate a continuing contract at
	any time], unless the board of trustees has decided to use the
	process prescribed by this subchapter for that purpose.
	SECTION 1.13.  Section 21.257(a-1), Education Code, is
	amended to read as follows:
	(a-1)  A determination by the hearing examiner regarding
	good cause for the suspension of a teacher without pay or the
	termination of a probationary[, continuing,] or term contract is a
	conclusion of law and may be adopted, rejected, or changed by the
	board of trustees or board subcommittee as provided by Section
	21.259(b).
	SECTION 1.14.  Section 21.303(b), Education Code, is amended
	to read as follows:
	(b)  If the board of trustees terminated a teacher's
	probationary[, continuing,] or term contract during the contract
	term or suspended a teacher without pay, the commissioner may not
	substitute the commissioner's judgment for that of the board
	unless:
	(1)  if the board accepted the hearing examiner's
	findings of fact without modification, the decision is arbitrary,
	capricious, or unlawful or is not supported by substantial
	evidence; or
	(2)  if the board modified the hearing examiner's
	findings of fact, the decision is arbitrary, capricious, or
	unlawful or the hearing examiner's original findings of fact are
	not supported by substantial evidence.
	SECTION 1.15.  Section 21.4021(g), Education Code, is
	amended to read as follows:
	(g)  If a board of trustees adopts a furlough program after
	the date by which a teacher must give notice of resignation under
	Section 21.105[, 21.160,] or 21.210, as applicable, a teacher who
	subsequently resigns is not subject to sanctions imposed by the
	State Board for Educator Certification as otherwise authorized by
	those sections.
	SECTION 1.16.  Section 26.008(b), Education Code, is amended
	to read as follows:
	(b)  An attempt by any school district employee to encourage
	or coerce a child to withhold information from the child's parent is
	grounds for discipline under Section 21.104[, 21.156,] or 21.211,
	as applicable.
	SECTION 1.17.  (a) On or after the effective date of this
	Act, a school district may not enter into a continuing contract
	under Chapter 21, Education Code, as that chapter existed before
	amendment by this Act.
	(b)  The amendment by this Act of Chapter 21, Education Code,
	does not affect the rights of a person employed under a continuing
	contract entered into before the effective date of this Act, and the
	provisions of Chapter 21, Education Code, as they existed on
	January 1, 2017, are continued in effect for that purpose.
	ARTICLE 2. REPEALER; EFFECTIVE DATE
	SECTION 2.01.  (a) Section 21.002(c), Education Code, is
	repealed.
	(b)  Subchapter D, Chapter 21, Education Code, is repealed.
	SECTION 2.02.  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, 2017.