HB4146 - Relating to the rights of public school educators and assistance provided to public schools by the Texas Education Agency related to public school educators.

      By: Toth H.B. No. 4146       A BILL TO BE ENTITLED   AN ACT   relating to the rights of public school educators and assistance   provided 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   adding Subsection (l) to read as follows:           (l)  The employment policy must provide that:                 (1)     before the beginning of each school year, the   district shall provide a duty calendar for certain professional   staff as required by Section 11.15131; and                 (2)     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 as provided by the district's duty calendar   adopted under Section 11.15131.          SECTION 2.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.15131 to read as follows:           Sec.   11.15131.     DUTY CALENDAR FOR CERTAIN PROFESSIONAL   STAFF. (a) In this section, "supplemental duty" means a duty other   than a duty assigned under an employee's contract that is generally   expected to be performed during an instructional day and which may   be governed by an agreement, other than the employee's contract,   between the district and the employee.           (b)     Not later than the 15th day before the first   instructional day of each school year, the board of trustees of a   school district shall adopt and provide to each classroom teacher,   full-time counselor, and full-time librarian employed by the   district a calendar that specifies the days each employee is   expected to work for that school year, including the days on which   the employee is expected to perform supplemental duties for more   than 30 minutes outside of the instructional day, and except for   days on which the employee may be required to spend time on an   unanticipated duty outside of the instructional day to comply with   a state or federal law.          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;                 (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;                 (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;                 (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 Subsection (f) to read as   follows:          (a)   Except as provided by Subsection (f), not [ Not ] later   than the 60th day after the date on which the commissioner receives   a teacher's written request for a hearing, the hearing examiner   shall complete the hearing and make a written recommendation that:                (1)  includes proposed findings of fact and conclusions   of law; and                (2)  may include a proposal for granting relief.           (f)     The hearing examiner may dismiss a hearing before   completing the hearing or making a written recommendation if:                 (1)  the teacher requests the dismissal;                 (2)     the school district withdraws the proposed   decision that is the basis of the hearing; or                 (3)     the teacher and school district request the   dismissal after reaching a settlement regarding the proposed   decision that is the basis of the hearing.          SECTION 7.  Subchapter I, Chapter 21, Education Code, is   amended by adding Section 21.416 to read as follows:           Sec.   21.416.     EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT   PROGRAM. (a) From money appropriated or otherwise available, the   commissioner shall establish and administer a grant program to   award money to reimburse a school district, an open-enrollment   charter school, the Windham School District, the Texas School for   the Deaf, or the Texas School for the Blind and Visually Impaired   that hires a teacher who retired before September 1, 2024, for the   increased contributions to the Teacher Retirement System   associated with hiring the retired teacher.           (b)     In appropriating money for grants awarded under this   section, the legislature may provide for, modify, or limit amounts   appropriated for that purpose in the General Appropriations Act,   including by:                 (1)     providing, notwithstanding Subsection (a), a date   or date range other than September 1, 2024, before which a teacher   must have retired for a school district, an open-enrollment charter   school, the Windham School District, the Texas School for the Deaf,   or the Texas School for the Blind and Visually Impaired that hires   the teacher to be eligible; or                 (2)     limiting eligibility to a district or school   described by Subdivision (1) that hires a retired teacher:             & [Text truncated for display. 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