HBA-JEK S.B. 207 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 207 By: Bivins Public Education 4/26/2001 Engrossed BACKGROUND AND PURPOSE Current law authorizes a teacher to request a hearing with the commissioner of education (commissioner) after receiving notice of a proposed decision to suspend the teacher without pay or terminate the teacher's continuing, probationary, or term contract, but does not provide for a rehearing by the commissioner. The law requires the commissioner to assign the hearing examiner for a particular case by selecting the next name on a randomly ordered list of certified hearing examiners, and provides that parties involved in a hearing may accept the hearing examiner assigned by the commissioner or agree on the selection of a hearing examiner who is not certified. Senate Bill 207 authorizes the parties to agree on the selection of a certified hearing examiner from the commissioner's list and provides for a rehearing by the commissioner. 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. ANALYSIS Senate Bill 207 amends the Education Code to provide that a teacher who is filing a written request for a hearing with the commissioner of education (commissioner) regarding a proposed decision to suspend or terminate the teacher's contract must include a copy of the notice of the proposed decision with the request. The bill authorizes the parties to agree in writing to extend by not more than 10 days the deadline for requesting a hearing. The bill authorizes the parties by agreement to select a hearing examiner from the list of certified hearing examiners maintained by the commissioner or a hearing examiner who is not certified but is licensed to practice law in Texas. The bill removes the requirement that the teacher promptly notify the commissioner in writing of the name of the hearing examiner if the parties agree on a hearing examiner after the teacher files the request for a hearing. S.B. 207 provides for a party's attorney to receive notice of the commissioner's decision to suspend or terminate a teacher and authorizes a party to file a motion for a rehearing not later than the 20th day after the date the party or the party's attorney receives the notice. The bill specifies that a motion for rehearing is overruled by operation of law if the commissioner does not issue an order before the 45th day after the date the party or the party's attorney receives notice of the commissioner's decision. The bill provides that an appeal for a rehearing must be perfected not later than the 30th day after the date on which the motion is overruled by order of the commissioner or by operation of law. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.