HBA-JEK C.S.S.B. 207 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 207
By: Bivins
Public Education
5/10/2001
Committee Report (Substituted)



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 to 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.  C.S.S.B. 207 authorizes the parties to agree on the selection
of a certified hearing examiner from the commissioner's list, provides for
a rehearing by the commissioner, and requires a district to provide a
written statement to any employee it terminates regarding administrative
procedures and remedies that are required to be exhausted before the
employee may bring suit against the district for the termination.  

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

C.S.S.B. 207 amends the Education Code to require a school district on
termination of any of its employees to provide the employee with a written
statement of any administrative procedures and remedies required to be
exhausted before the employee may bring suit against the district for the
termination.  The bill provides 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. 

C.S.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. 
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 207 differs from the original bill by requiring a district to
provide to any employee it terminates a written statement regarding
administrative procedures and remedies that are required to be exhausted
before the employee may bring suit against the district for the
termination.