SB27 - Relating to the rights of public school educators and financial and other assistance provided to educators and to public schools by the Texas Education Agency related to public school educators.

      By: Creighton, et al. S.B. No. 27     (Buckley)           A BILL TO BE ENTITLED   AN ACT   relating to the rights of public school educators and financial and   other assistance provided to educators and to public schools by the   Texas Education Agency related to public school educators.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 11.1513, Education Code, is amended by   amending Subsections (d) and (e) and adding Subsection (l) to read   as follows:          (d)  The employment policy must provide that not later than   the fifth [ 10th ] school day before the date on which a district   fills a vacant position for which a certificate or license is   required as provided by Section 21.003, other than a position that   affects the safety and security of students as determined by the   board of trustees, the district must provide to each current   district employee:                (1)  notice of the position by posting the position on:                      (A)  a bulletin board at:                            (i)  a place convenient to the public in the   district's central administrative office; and                            (ii)  the central administrative office of   each campus in the district during any time the office is open; or                      (B)  the district's Internet website, if the   district has a website; and                (2)  a reasonable opportunity to apply for the   position.          (e)  If, during the school year, the district must fill a   vacant position held by a teacher, as defined by Section 21.201, in   less than five  [ 10 ] school days, the district:                (1)  must provide notice of the position in the manner   described by Subsection (d)(1) as soon as possible after the   vacancy occurs;                (2)  is not required to provide the notice for five [ 10 ]   school days before filling the position; and                (3)  is not required to comply with Subsection (d)(2).           (l)     The employment policy must provide that for purposes of   determining the amount of a reduction in the salary of a classroom   teacher, full-time counselor, or full-time librarian for unpaid   leave, the employee's daily rate of pay is computed by dividing the   employee's annual salary by the number of days the employee is   expected to work for that school year.          SECTION 2.  Subchapter B, Chapter 21, Education Code, is   amended by adding Sections 21.0411 and 21.04893 to read as follows:           Sec.   21.0411.     WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND   CERTIFICATION FEES. (a) Notwithstanding a rule adopted under   Section 21.041(c), the board shall, for a person applying for a   certification in special education, bilingual education, or   another area specified by the General Appropriations Act, waive:                 (1)     a certification examination fee imposed by the   board for the first administration of the examination to the   person; and                 (2)     a fee associated with the application for   certification by the person.           (b)     The board shall pay to a vendor that administers a   certification examination described by Subsection (a) a fee   assessed by that vendor for the examination of a person applying for   a certification described by Subsection (a) for the first   administration of the examination to the person.           Sec. 21.04893.     BILINGUAL TARGET LANGUAGE PROFICIENCY   TEST.     The board shall propose rules to allow a person seeking   certification under this subchapter who fails to perform   satisfactorily on the Bilingual Target Language Proficiency Test   to:                 (1)     retake only the sections of the test that include   the domains on which the person failed to perform satisfactorily;   and                 (2)     during a retake of the test described by   Subdivision (1), demonstrate the person's language proficiency   through the completion of fewer components, including eliminating a   component that requires the preparation of a lesson plan for a   person who fails to perform satisfactorily on a domain requiring   completion of that component.          SECTION 3.  Section 21.105, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e) , [ and ] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher   employed under a probationary contract who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.           (g)     The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a probationary contract and leaves   the employment of the district after the 45th day before the first   day of instruction for the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                 (1)     a serious illness or health condition of the   teacher or a close family member of the teacher;                 (2)     the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers   or location of employment;                 (3)     a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                       (A)  relocate; or                         (B)     forgo employment during a period of required   employment under the teacher's contract; or                 (4)     the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 4.  Section 21.160, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e) , [ and ] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher who   is employed under a continuing contract that obligates the district   to employ the person for the following school year and who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.           (g)     The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a continuing contract and leaves the   employment of the district after the 45th day before the first day   of instruction of the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                 (1)     a serious illness or health condition of the   teacher or a close family member of the teacher;                 (2)     the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers   or location of employment;                 (3)     a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                       (A)  relocate; or                         (B)     forgo employment during a period of required   employment under the teacher's contract; or                 (4)     the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 5.  Section 21.210, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e) , [ and ] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher who   is employed under a term contract that obligates the district to   employ the person for the following school year and who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.           (g)     The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a term contract and leaves the   employment of the district after the 45th day before the first day   of instruction of the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                 (1)     a serious illness or health condition of the   teacher or a close family member of the teacher;                 (2)     the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers   or location of employment;                 (3)     a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                       (A)  relocate; or                         (B)     forgo employment during a period of required   employment under the teacher's contract; or                 (4)     the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 6.  Section 21.257, Education Code, is amended by   amending Subsection (a) and adding Subsecti [Text truncated for display. 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