HBA-MPM H.B. 2369 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2369 By: Bailey Public Education 4/21/1999 Introduced BACKGROUND AND PURPOSE Current law does not address the process by which an educational support employee may be terminated from employment, nor does it allow provisions for that employee. H.B. 2369 requires the board of trustees of a school district to adopt a written employment policy for educational support employees which must outline certain provisions regarding probationary periods of employment, written evaluation of a support employee, and grounds and procedures for the employee's termination. This bill further sets forth certain procedures regarding the termination of an educational support employee, as well as providing for review of a proposed termination and requiring a recording or written transcript of all oral testimony or argument of the review. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 22, Education Code, by adding Section 22.006, as follows: Sec. 22.006. TERMINATION OF EDUCATIONAL SUPPORT EMPLOYEE. (a) Defines "educational support employee" and "superintendent" for purposes of this section. (b) Requires the board of trustees (board) of a school district (district) to adopt a written employment policy consistent with this section for educational support employees (support employee). Provides that the policy must outline certain provisions regarding probationary periods of employment, written evaluation of a support employee, and grounds and procedures for the employee's termination. (c) Provides that a person proposing to terminate the employment of a nonprobationary support employee must present the employee with written notice, including a statement of the grounds for the proposed termination and any other material facts related to the proposed termination. (d) Provides that the superintendent must review the grounds for the proposed termination and any other material facts related to it and, on timely written request of the support employee, must conduct a termination review proceeding allowing the employee to respond to the proposed termination orally and in writing. (e) Provides that a termination review proceeding must include an audible electronic recording or written transcript of all oral testimony or argument. (f) Provides that this section does not limit any rights granted to a support employee under a policy adopted by the board. SECTION 2. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 3.Emergency clause. Effective date: upon passage.