HBA-TYH, BTC H.B. 451 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 451
By: Pitts
Public Education
3/12/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the board of trustees of a school district is authorized to
terminate the employment of a teacher employed under a probationary
contract at the end of the contract period, if in the board's judgment the
best interests of the district will be served by terminating the
employment.  However, as the Education Code reads now, the board of
trustees must give notice of its intention to do so not later than the 45th
day before the last day of instruction required under the contract.  When
challenged in court, this statute has been interpreted to mean that the
notice should be given once a final decision to terminate had been made,
not when there might be an informal intention to terminate employment.
H.B. 451 changes the word "intention" to "decision" to eliminate the
ambiguity in the language. 

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 Section 21.103, Education Code, to provide that the
board of trustees of a school district must give notice to the teacher of
its decision, rather than its intention, to terminate the employment of
that teacher not later than the 45th day before the last day of instruction
required under the contract.  Makes a conforming change.   

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.