EDUCATION CODE
SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS
CHAPTER 21. EDUCATORS
SUBCHAPTER A. GENERAL PROVISIONS
§ 21.001. DEFINITION. In this chapter, "commissioner"
includes a person designated by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.002. TEACHER EMPLOYMENT CONTRACTS. (a) A school
district shall employ each classroom teacher, principal,
librarian, nurse, or counselor under:
(1) a probationary contract, as provided by Subchapter
C;
(2) a continuing contract, as provided by Subchapter
D; or
(3) a term contract, as provided by Subchapter E.
(b) A district is not required to employ a person other than
an employee listed in Subsection (a) under a probationary,
continuing, or term contract.
(c) Each board of trustees shall establish a policy
designating specific positions of employment, or categories of
positions based on considerations such as length of service, to
which continuing contracts or term contracts apply.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.003. CERTIFICATION REQUIRED. (a) A person may
not be employed as a teacher, teacher intern or teacher trainee,
librarian, educational aide, administrator, or counselor by a
school district unless the person holds an appropriate certificate
or permit issued as provided by Subchapter B.
(b) A person may not be employed by a school district as an
audiologist, occupational therapist, physical therapist,
physician, nurse, school psychologist, associate school
psychologist, social worker, or speech language pathologist unless
the person is licensed by the state agency that licenses that
profession. A person may perform specific services within those
professions for a school district only if the person holds the
appropriate credential from the appropriate state agency.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.0031. FAILURE TO OBTAIN CERTIFICATION; CONTRACT
VOID. (a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) does not hold a certificate or permit issued by the
State Board for Educator Certification; or
(2) fails to fulfill the requirements necessary to
extend the employee's temporary or emergency certificate or permit.
(b) After an employee receives notice that the employee's
contract is void under Subsection (a):
(1) a school district may:
(A) terminate the employee;
(B) suspend the employee with or without pay; or
(C) retain the employee for the remainder of the
school year on an at-will employment basis in a position other than
classroom teacher at the employee's existing rate of pay or at a
reduced rate; and
(2) the employee is not entitled to the minimum salary
prescribed by Section 21.402.
(c) A school district's decision under Subsection (b) is not
subject to appeal under this chapter, and the notice and hearing
requirements of this chapter do not apply to the decision.
(d) This section does not affect the rights and remedies of
a party in an at-will employment relationship.
(e) This section does not apply to a certified teacher
assigned to teach a subject for which the teacher is not certified.
Added by Acts 2003, 78th Leg., ch. 181, § 1, eff. Sept. 1, 2003.
§ 21.004. TEACHER RECRUITMENT PROGRAM. (a) To the
extent that funds are available, the agency, the State Board for
Educator Certification, and the Texas Higher Education
Coordinating Board shall develop and implement programs to identify
talented students and recruit those students and persons, including
high school and undergraduate students, mid-career and retired
professionals, honorably discharged and retired military
personnel, and members of underrepresented gender and ethnic
groups, into the teaching profession.
(b) From available funds, the agency, the State Board for
Educator Certification, and the Texas Higher Education
Coordinating Board shall develop and distribute materials that
emphasize the importance of the teaching profession and inform
individuals about state-funded loan forgiveness and tuition
assistance programs.
(c) The commissioner, in cooperation with the commissioner
of higher education and the executive director of the State Board
for Educator Certification, shall annually identify the need for
teachers in specific subject areas and geographic regions and among
underrepresented groups. The commissioner shall give priority to
developing and implementing recruitment programs to address those
needs from the agency's discretionary funds.
(d) The agency, the State Board for Educator Certification,
and the Texas Higher Education Coordinating Board shall encourage
the business community to cooperate with local schools to develop
recruiting programs designed to attract and retain capable
teachers, including programs to provide summer employment
opportunities for teachers.
(e) The agency, the State Board for Educator Certification,
and the Texas Higher Education Coordinating Board shall encourage
major education associations to cooperate in developing a
long-range program promoting teaching as a career and to assist in
identifying local activities and resources that may be used to
promote the teaching profession.
(f) Funds received for teacher recruitment programs may be
used only to publicize and implement the programs.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1590, § 7, eff. June 19,
1999.
§ 21.005. HIGH-QUALITY TEACHERS. The commissioner may
by rule establish a statewide standard to be used to certify each
school district that is preparing, training, and recruiting
high-quality teachers in a manner consistent with the No Child Left
Behind Act of 2001 (Pub. L. No. 107-110).
Added by Acts 2003, 78th Leg., ch. 1212, § 5, eff. June 20, 2003.
§ 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In
this section, "abuse" has the meaning assigned by Section 261.001,
Family Code, and includes any sexual conduct involving an educator
and a student or minor.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, regional education service center, or shared services
arrangement shall notify the State Board for Educator Certification
if the superintendent or director has reasonable cause to believe
that:
(1) an educator employed by or seeking employment by
the district, service center, or shared services arrangement has a
criminal record;
(2) an educator's employment at the district, service
center, or shared services arrangement was terminated based on a
determination that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq., and its subsequent
amendments;
(C) illegally transferred, appropriated, or
expended funds or other property of the district, service center,
or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
or
(3) the educator resigned and reasonable evidence
supports a recommendation by the superintendent or director to
terminate the educator based on a determination that the educator
engaged in misconduct described by Subdivision (2).
(c) The superintendent or director must notify the State
Board for Educator Certification by filing a report with the board
not later than the seventh day after the date the superintendent or
director first learns about an alleged incident of misconduct
described by Subsection (b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, regional
education service center, or shared services arrangement and the
educator of the filing of the report required by Subsection (c).
(e) A superintendent or director who in good faith and while
acting in an official capacity files a report with the State Board
for Educator Certification under this section is immune from civil
or criminal liability that might otherwise be incurred or imposed.
(f) The State Board for Educator Certification shall
determine whether to impose sanctions against a superintendent or
director who fails to file a report in violation of Subsection (c).
(g) The State Board for Educator Certification shall
propose rules as necessary to implement this section.
Added by Acts 2003, 78th Leg., ch. 374, § 2, eff. June 18, 2003.
SUBCHAPTER B. CERTIFICATION OF EDUCATORS
§ 21.031. PURPOSE. (a) The State Board for Educator
Certification is established to recognize public school educators
as professionals and to grant educators the authority to govern the
standards of their profession. The board shall regulate and
oversee all aspects of the certification, continuing education, and
standards of conduct of public school educators.
(b) In proposing rules under this subchapter, the board
shall ensure that all candidates for certification or renewal of
certification demonstrate the knowledge and skills necessary to
improve the performance of the diverse student population of this
state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.032. DEFINITION. In this subchapter, "board"
means the State Board for Educator Certification.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.033. STATE BOARD FOR EDUCATOR
CERTIFICATION. (a) The State Board for Educator Certification is
composed of 14 members. The commissioner of education shall
appoint an employee of the agency to represent the commissioner as a
nonvoting member. The commissioner of higher education shall
appoint an employee of the Texas Higher Education Coordinating
Board to represent the commissioner as a nonvoting member. The
governor shall appoint a dean of a college of education in this
state as a nonvoting member. The remaining 11 members are appointed
by the governor with the advice and consent of the senate, as
follows:
(1) four members must be teachers employed in public
schools;
(2) two members must be public school administrators;
(3) one member must be a public school counselor; and
(4) four members must be citizens, three of whom are
not and have not, in the five years preceding appointment, been
employed by a public school district or by an educator preparation
program in an institution of higher education and one of whom is not
and has not been employed by a public school district or by an
educator preparation program in an institution of higher education.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the person appointed.
(c) A board member is immune from civil suit for any act
performed in good faith in the execution of duties as a board
member.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1174, § 1, eff. June 20,
1997; Acts 2003, 78th Leg., ch. 1170, § 12.01, eff. Sept. 1,
2003.
§ 21.034. TERMS; VACANCY. (a) The board members
appointed by the governor hold office for staggered terms of six
years with the terms of one-third of the members expiring on
February 1 of each odd-numbered year. A member appointed by the
commissioner of education or the commissioner of higher education
serves at the will of the appointing commissioner.
(b) In the event of a vacancy during a term of a member
appointed by the governor, the governor shall appoint a replacement
who meets the qualifications of the vacated office to fill the
unexpired portion of the term.
(c) A vacancy arises if a member appointed by the governor
no longer qualifies for the office to which the member was
appointed.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.035. APPLICATION OF SUNSET ACT. (a) The board is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this subchapter expires September 1, 2005.
(b) The board and the Texas Education Agency shall enter
into a memorandum of understanding to consolidate administrative
functions and services.
(c) The sunset commission shall focus its review of the
board on the appropriateness of recommendations made by the sunset
commission to the 78th Legislature and compliance with the MOU to
consolidate functions.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1112, § 1.01, eff. Sept. 1,
2003.
§ 21.036. OFFICERS. The board shall elect one of its
members to serve as presiding officer for a term of two years. The
presiding officer is entitled to vote on all matters before the
board. The board may elect other officers from among its
membership.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1174, § 2, eff. June 20,
1997.
§ 21.037. COMPENSATION. A board member may not receive
compensation for serving on the board. A member is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member of the board, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.038. MEETINGS. (a) The board shall meet at least
once in each quarter of the calendar year.
(b) The board may meet at other times at the call of the
presiding officer or as provided by the rules of the board.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.039. EXECUTIVE DIRECTOR; PERSONNEL. The board
shall employ an executive director. The executive director shall:
(1) perform duties as assigned by the board or
specified by law;
(2) administer and enforce all laws and rules
implemented by the board;
(3) issue the certificates authorized under this
subchapter; and
(4) hire and dismiss the employees of the board.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) supervise the executive director's performance;
(2) approve an operating budget for the board and make
a request for appropriations;
(3) appoint the members of any advisory committee to
the board;
(4) for each class of educator certificate, appoint an
advisory committee composed of members of that class to recommend
standards for that class to the board;
(5) provide to its members and employees, as often as
necessary, information regarding their qualifications for office
or employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state officers
or employees;
(6) develop and implement policies that clearly define
the respective responsibilities of the board and the board's staff;
(7) file annually with the governor and the presiding
officer of each house of the legislature a complete and detailed
written report, in the form and within the time provided by the
General Appropriations Act, accounting for all funds received and
disbursed by the board during the preceding fiscal year; and
(8) execute interagency contracts to perform routine
administrative functions.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.041. RULES; FEES. (a) The board may adopt rules
as necessary for its own procedures.
(b) The board shall propose rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(9) provide for continuing education requirements;
and
(10) provide for certification of persons performing
appraisals under Subchapter H.
(c) The board shall propose a rule adopting a fee for the
issuance and maintenance of an educator certificate that is
adequate to cover the cost of administration of this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.042. APPROVAL OF RULES. The State Board for
Educator Certification must submit a written copy of each rule it
proposes to adopt to the State Board of Education for review. The
State Board of Education may reject a proposed rule by a vote of at
least two-thirds of the members of the board present and voting. If
the State Board of Education fails to reject a proposal before the
90th day after the date on which it receives the proposal, the
proposal takes effect as a rule of the State Board for Educator
Certification as provided by Chapter 2001, Government Code. The
State Board of Education may not modify a rule proposed by the State
Board for Educator Certification.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.043. ACCESS TO PEIMS DATA. The agency shall
provide the board with access to data obtained under the Public
Education Information Management System (PEIMS).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.044. EDUCATOR PREPARATION. The board shall
propose rules establishing the training requirements a person must
accomplish to obtain a certificate, enter an internship, or enter
an induction-year program. The board shall specify the minimum
academic qualifications required for a certificate.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS. (a) The board shall propose rules
establishing standards to govern the approval and continuing
accountability of all educator preparation programs based on
information that is disaggregated with respect to sex and ethnicity
and that includes:
(1) results of the certification examinations
prescribed under Section 21.048(a); and
(2) performance based on the appraisal system for
beginning teachers adopted by the board.
(b) Each educator preparation program shall submit data
elements as required by the board for an annual performance report
to ensure access and equity. At a minimum, the annual report must
contain the performance data from Subsection (a) and the following
information, disaggregated by sex and ethnicity:
(1) the number of candidates who apply;
(2) the number of candidates admitted;
(3) the number of candidates retained;
(4) the number of candidates completing the program;
(5) the number of candidates employed in the
profession after completing the program; and
(6) the number of candidates retained in the
profession.
(c) The board shall propose rules establishing performance
standards for the Accountability System for Educator Preparation
for accrediting educator preparation programs. At a minimum,
performance standards must be based on Subsection (a). The board
shall propose rules for the sanction of educator preparation
programs and shall annually review the accreditation status of each
educator preparation program.
(d) The executive director of the board shall appoint an
oversight team of educators to make recommendations and provide
assistance to educator preparation programs that do not meet
accreditation standards. If, after one year, an educator
preparation program has not fulfilled the recommendations of the
oversight team, the executive director shall appoint a person to
administer and manage the operations of the program. If the program
does not improve after two years, the board shall revoke the
approval of the program to prepare educators for state
certification.
(e) Expired.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.046. QUALIFICATIONS FOR CERTIFICATION AS
SUPERINTENDENT OR PRINCIPAL. (a) The qualifications for
superintendent must permit a candidate for certification to
substitute management training or experience for part of the
educational experience.
(b) The qualifications for certification as a principal
must be sufficiently flexible so that an outstanding teacher may
qualify by substituting approved experience and professional
training for part of the educational requirements. Supervised and
approved on-the-job experience in addition to required internship
shall be accepted in lieu of classroom hours. The qualifications
must emphasize:
(1) instructional leadership;
(2) administration, supervision, and communication
skills;
(3) curriculum and instruction management;
(4) performance evaluation;
(5) organization; and
(6) fiscal management.
(c) Because an effective principal is essential to school
improvement, the board shall ensure that:
(1) each candidate for certification as a principal is
of the highest caliber; and
(2) multi-level screening processes, validated
comprehensive assessment programs, and flexible internships with
successful mentors exist to determine whether a candidate for
certification as a principal possesses the essential knowledge,
skills, and leadership capabilities necessary for success.
(d) In creating the qualifications for certification as a
principal, the board shall consider the knowledge, skills, and
proficiencies for principals as developed by relevant national
organizations and the State Board of Education.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.047. CENTERS FOR PROFESSIONAL DEVELOPMENT OF
TEACHERS. (a) The board may develop the process for the
establishment of centers for professional development through
institutions of higher education for the purpose of integrating
technology and innovative teaching practices in the preservice and
staff development training of public school teachers and
administrators. An institution of higher education with a teacher
education program may develop a center through a collaborative
process involving public schools, regional education service
centers, and other entities or businesses. A center may contract
with other entities to develop materials and provide training.
(b) On application by a center, the board shall make grants
to the center for its programs from funds derived from gifts,
grants, and legislative appropriations for that purpose. The board
shall award the grants on a competitive basis according to
requirements established by the board rules.
(c) A center may develop and implement a comprehensive
field-based educator preparation program to supplement the
internship hours required in Section 21.050. This comprehensive
field-based teacher program must:
(1) be designed on the basis of current research into
state-of-the-art teaching practices, curriculum theory and
application, evaluation of student outcomes, and the effective
application of technology; and
(2) have rigorous internal and external evaluation
procedures that focus on content, delivery systems, and teacher and
student outcomes.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.048. CERTIFICATION EXAMINATIONS. (a) The board
shall propose rules prescribing comprehensive examinations for
each class of certificate issued by the board.
(b) The board may not administer a written examination to
determine the competence or level of performance of an educator who
has a hearing impairment unless the examination has been field
tested to determine its appropriateness, reliability, and validity
as applied to, and minimum acceptable performance scores for,
persons with hearing impairments.
(c) An educator who has a hearing impairment is exempt from
taking a written examination for a period ending on the first
anniversary of the date on which the board determines, on the basis
of appropriate field tests, that the examination complies with the
standards specified in Subsection (b). On application to the
board, the board shall issue a temporary exemption certificate to a
person entitled to an exemption under this subsection.
(d) In this section:
(1) "Hearing impairment" means a hearing impairment so
severe that the person cannot process linguistic information with
or without amplification.
(2) "Reliability" means the extent to which an
experiment, test, or measuring procedure yields the same results on
repeated trials.
(3) "Validity" means being:
(A) well-grounded or justifiable;
(B) relevant and meaningful;
(C) correctly derived from premises or
inferences; and
(D) supported by objective truth or generally
accepted authority.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.0481. MASTER READING TEACHER
CERTIFICATION. (a) To ensure that there are teachers with
special training to work with other teachers and with students in
order to improve student reading performance, the board shall
establish a master reading teacher certificate.
(b) The board shall issue a master reading teacher
certificate to each eligible person.
(c) To be eligible for a master reading teacher certificate,
a person must:
(1) hold a reading specialist certificate issued under
this subchapter and satisfactorily complete a course of instruction
as prescribed under Subdivision (2)(B); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on the science of teaching
children to read that includes training in:
(i) effective reading instruction
techniques, including effective techniques for students whose
primary language is a language other than English;
(ii) identification of dyslexia and related
reading disorders and effective reading instruction techniques for
students with those disorders; and
(iii) effective professional peer
mentoring techniques;
(C) perform satisfactorily on the master reading
teacher certification examination prescribed by the board; and
(D) satisfy any other requirements prescribed by
the board.
Added by Acts 1999, 76th Leg., ch. 931, § 2, eff. Aug. 30, 1999.
§ 21.0482. MASTER MATHEMATICS TEACHER
CERTIFICATION. (a) To ensure that there are teachers with
special training to work with other teachers and with students in
order to improve student mathematics performance, the board shall
establish:
(1) a master mathematics teacher certificate to teach
mathematics at elementary school grade levels;
(2) a master mathematics teacher certificate to teach
mathematics at middle school grade levels; and
(3) a master mathematics teacher certificate to teach
mathematics at high school grade levels.
(b) The board shall issue the appropriate master
mathematics teacher certificate to each eligible person.
(c) To be eligible for a master mathematics teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children mathematics that
includes training in mathematics instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
mathematics teacher certification examination prescribed by the
board; and
(5) satisfy any other requirements prescribed by the
board.
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the board in consultation with
mathematics and science faculty members at institutions of higher
education.
Added by Acts 2001, 77th Leg., ch. 834, § 4, eff. Sept. 1, 2001.
§ 21.0483. MASTER TECHNOLOGY TEACHER
CERTIFICATION. (a) To ensure that there are teachers with
special training to work with other teachers and with students in
order to increase the use of technology in each classroom, the board
shall establish a master technology teacher certificate.
(b) The board shall issue a master technology teacher
certificate to each eligible person.
(c) To be eligible for a master technology teacher
certificate, a person must:
(1) hold a technology applications or Technology
Education certificate issued under this subchapter, satisfactorily
complete the course of instruction prescribed under Subdivision
(2)(B), and satisfactorily perform on the examination prescribed
under Subdivision (2)(C); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on interdisciplinary
technology applications and the science of teaching technology that
includes training in:
(i) effective technology instruction
techniques, including applications designed to meet the
educational needs of students with disabilities;
(ii) classroom teaching methodology that
engages student learning through the integration of technology;
(iii) digital learning competencies,
including Internet research, graphics, animation, website
mastering, and video technologies;
(iv) curriculum models designed to prepare
teachers to facilitate an active student learning environment; and
(v) effective professional peer mentoring
techniques;
(C) satisfactorily perform on an examination
developed in cooperation with the Telecommunications
Infrastructure Fund Board and administered at the conclusion of the
course of instruction prescribed under Paragraph (B); and
(D) satisfy any other requirements prescribed by
the board.
(d) The board may provide technology applications training
courses under Subsection (c)(2)(B) in cooperation with:
(1) regional education service centers; and
(2) other public or private entities, including any
state council on technology.
Added by Acts 2001, 77th Leg., ch. 1301, § 2, eff. June 16, 2001.
Renumbered from V.T.C.A., Education Code § 21.0482 by Acts 2003,
78th Leg., ch. 1275, § 2(12), eff. Sept. 1, 2003.
§ 21.0484. MASTER SCIENCE TEACHER
CERTIFICATION. (a) To ensure that there are teachers with
special training to work with other teachers and with students in
order to improve student science performance, the board shall
establish:
(1) a master science teacher certificate to teach
science at elementary school grade levels;
(2) a master science teacher certificate to teach
science at middle school grade levels; and
(3) a master science teacher certificate to teach
science at high school grade levels.
(b) The board shall issue the appropriate master science
teacher certificate to each eligible person.
(c) To be eligible for a master science teacher certificate,
a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children science that
includes training in science instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
science teacher certification examination prescribed by the board;
and
(5) satisfy any other requirements prescribed by the
board.
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the board in consultation with science
faculty members at institutions of higher education.
Added by Acts 2003, 78th Leg., ch. 430, § 1, eff. Sept. 1, 2003.
§ 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
continuing additional source of qualified educators, the board
shall propose rules providing for educator certification programs
as an alternative to traditional educator preparation programs.
The rules may not provide that a person may be certified under this
section only if there is a demonstrated shortage of educators in a
school district or subject area.
(b) The board may not require a person employed as a teacher
in an alternative education program under Section 37.008 or a
juvenile justice alternative education program under Section
37.011 for at least three years to complete an alternative educator
certification program adopted under this section before taking the
appropriate certification examination.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 609, § 1, eff. Sept. 1,
2001.
§ 21.050. ACADEMIC DEGREE REQUIRED FOR TEACHING
CERTIFICATE; INTERNSHIP. (a) A person who applies for a teaching
certificate for which board rules require a bachelor's degree must
possess a bachelor's degree received with an academic major or
interdisciplinary academic major, including reading, other than
education, that is related to the curriculum as prescribed under
Subchapter A, Chapter 28.
(b) The board may not require more than 18 semester credit
hours of education courses at the baccalaureate level for the
granting of a teaching certificate. The board shall provide for a
minimum number of semester credit hours of internship to be
included in the hours needed for certification. The board may
propose rules requiring additional credit hours for certification
in bilingual education, English as a second language, early
childhood education, or special education.
(c) A person who receives a bachelor's degree required for a
teaching certificate on the basis of higher education coursework
completed while receiving an exemption from tuition and fees under
Section 54.214 may not be required to participate in any field
experience or internship consisting of student teaching to receive
a teaching certificate.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 524, § 1, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 74, § 2, eff. May 14, 2001.
§ 21.051. OPTIONS FOR FIELD EXPERIENCE AND
INTERNSHIPS. The board shall propose rules providing flexible
options for persons for any field experience or internship required
for certification.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.052. CERTIFICATION OF EDUCATORS FROM OUTSIDE THE
STATE. (a) The board may issue a certificate to an educator who:
(1) holds:
(A) a degree issued by an institution accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; or
(B) a degree issued by an institution located in
a foreign country, if the degree is equivalent to a degree described
by Paragraph (A);
(2) holds an appropriate certificate or other
credential issued by another state or country; and
(3) performs satisfactorily on:
(A) the examination prescribed under Section
21.048; or
(B) if the educator holds a certificate or other
credential issued by another state or country, an examination
similar to and at least as rigorous as that described by Paragraph
(A) administered to the educator under the authority of that state.
(b) For purposes of Subsection (a)(2), a person is
considered to hold a certificate or other credential if the
credential is not valid solely because it has expired.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1306, § 1, eff. June 16,
2001.
§ 21.053. PRESENTATION AND RECORDING OF
CERTIFICATES. (a) A person who desires to teach in a public
school shall present the person's certificate for filing with the
employing district before the person's contract with the board of
trustees of the district is binding.
(b) An educator who does not hold a valid certificate may
not be paid for teaching or work done before the effective date of
issuance of a valid certificate.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.054. CONTINUING EDUCATION. (a) The board shall
propose rules establishing a process for identifying continuing
education courses and programs that fulfill educators' continuing
education requirements.
(b) Continuing education for principals must be based on an
individual assessment of the knowledge, skills, and proficiencies
necessary to perform successfully as a principal, as identified in
Section 21.046. An individualized professional growth plan shall
be developed as a result of the assessment and shall be used
exclusively for professional growth purposes. The assessment
results and the growth plan may only be released with the approval
of the principal assessed. Each certified principal shall
participate in the assessment process and professional growth
activities at least once every five years.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.055. SCHOOL DISTRICT TEACHING PERMIT. (a) As
provided by this section, a school district may issue a school
district teaching permit and employ as a teacher a person who does
not hold a teaching certificate issued by the board.
(b) To be eligible for a school district teaching permit
under this section, a person must hold a baccalaureate degree. This
subsection does not apply to a person who will teach only career and
technology education.
(c) Promptly after employing a person under this section, a
school district shall send to the commissioner a written statement
identifying the person, the person's qualifications as a teacher,
and the subject or class the person will teach. The person may
teach the subject or class pending action by the commissioner.
(d) Not later than the 30th day after the date the
commissioner receives the statement under Subsection (c), the
commissioner may inform the district in writing that the
commissioner finds the person is not qualified to teach. The person
may not teach if the commissioner finds the person is not qualified.
If the commissioner fails to act within the time prescribed by this
subsection, the district may issue to the person a school district
teaching permit and the person may teach the subject or class
identified in the statement.
(e) A person authorized to teach under this section may not
teach in another school district unless that district complies with
this section. A school district teaching permit remains valid
unless the district issuing the permit revokes it for cause.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.056. ADDITIONAL CERTIFICATION. The board by rule
shall provide for a certified educator to qualify for additional
certification to teach at a grade level or in a subject area not
covered by the educator's certificate upon satisfactory completion
of an examination or other assessment of the educator's
qualification.
Added by Acts 1997, 75th Leg., ch. 1356, § 1, eff. Sept. 1, 1997.
§ 21.057. PARENTAL NOTIFICATION. (a) A school
district that assigns an inappropriately certified or uncertified
teacher to the same classroom for more than 30 consecutive
instructional days during the same school year shall provide
written notice of the assignment to a parent or guardian of each
student in that classroom.
(b) The superintendent of the school district shall provide
the notice required by Subsection (a) not later than the 30th
instructional day after the date of the assignment of the
inappropriately certified or uncertified teacher.
(c) The school district shall:
(1) make a good-faith effort to ensure that the notice
required by this section is provided in a bilingual form to any
parent or guardian whose primary language is not English;
(2) retain a copy of any notice provided under this
section; and
(3) make information relating to teacher
certification available to the public on request.
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules proposed by the board in specifying the
certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
(e) This section does not apply if a school is required in
accordance with Section 1111(h)(6)(B)(ii), No Child Left Behind Act
of 2001 (20 U.S.C. Section 6311), and its subsequent amendments, to
provide notice to a parent or guardian regarding a teacher who is
not highly qualified, provided the school provides notice as
required by that Act.
Added by Acts 1999, 76th Leg., ch. 680, § 1, eff. June 18, 1999.
Amended by Acts 2003, 78th Leg., ch. 1027, § 1, eff. June 20,
2003.
§ 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
EMPLOYMENT BASED ON CONVICTION OF CERTAIN OFFENSES. (a) This
section applies only:
(1) to conviction of a felony offense under Title 5,
Penal Code, or an offense on conviction of which a defendant is
required to register as a sex offender under Chapter 62, Code of
Criminal Procedure; and
(2) if the victim of the offense is under 18 years of
age.
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the board receives notice under Article
42.018, Code of Criminal Procedure, of the conviction of a person
who holds a certificate under this subchapter, the board shall:
(1) revoke the certificate held by the person; and
(2) provide to the person and to any school district or
open-enrollment charter school employing the person at the time of
revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(c) A school district or open-enrollment charter school
that receives notice under Subsection (b) of the revocation of a
certificate issued under this subchapter shall:
(1) immediately remove the person whose certificate
has been revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) as soon as practicable, terminate the employment
of the person in accordance with the person's contract and with this
subchapter.
(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with board rules.
Added by Acts 2003, 78th Leg., ch. 920, § 1, eff. June 20, 2003.
SUBCHAPTER C. PROBATIONARY CONTRACTS
§ 21.101. DEFINITION. In this subchapter, "teacher"
means a principal, supervisor, classroom teacher, counselor, or
other full-time professional employee who is required to hold a
certificate issued under Subchapter B or a nurse. The term does not
include a superintendent or a person who is not entitled to a
probationary, continuing, or term contract under Section 21.002, an
existing contract, or district policy.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.102. PROBATIONARY CONTRACT.
Text of subsec. (a) as amended by Acts 2003, 78th Leg., Ch. 440,
§ 1.
(a) A person who is employed as a teacher by a school
district for the first time, or who has not been employed by the
district for two consecutive school years subsequent to August 28,
1967, shall be employed under a probationary contract. A person who
previously was employed as a teacher by a district and, after at
least a two-year lapse in district employment returns to district
employment, may be employed under a probationary contract.
Text of subsec. (a) as amended by Acts 2003, 78th Leg., Ch. 1232,
§ 1.
(a) Except as provided by Section 21.202(b), a person who is
employed as a teacher by a school district for the first time, or
who has not been employed by the district for two consecutive school
years subsequent to August 28, 1967, shall be employed under a
probationary contract.
(b) A probationary contract may not be for a term exceeding
one school year. The probationary contract may be renewed for two
additional one-year periods, for a maximum permissible
probationary contract period of three school years, except that the
probationary period may not exceed one year for a person who has
been employed as a teacher in public education for at least five of
the eight years preceding employment by the district.
(c) An employment contract may not extend the probationary
contract period beyond the end of the third consecutive school year
of the teacher's employment by the school district unless, during
the third year of a teacher's probationary contract, the board of
trustees determines that it is doubtful whether the teacher should
be given a continuing contract or a term contract. If the board
makes that determination, the district may make a probationary
contract with the teacher for a term ending with the fourth
consecutive school year of the teacher's employment with the
district, at which time the district shall:
(1) terminate the employment of the teacher; or
(2) employ the teacher under a continuing contract or
a term contract as provided by Subchapter D or E, according to
district policy.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 440, § 1, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 1232, § 1, eff. Sept. 1, 2003.
§ 21.103. PROBATIONARY CONTRACT:
TERMINATION. (a) The board of trustees of a school district may
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. The board of trustees must give notice
of its decision to terminate the employment to the teacher not later
than the 45th day before the last day of instruction required under
the contract. The board's decision is final and may not be
appealed.
(b) If the board of trustees fails to give the notice of its
decision to terminate the teacher's employment within the time
prescribed by Subsection (a), the board must employ the
probationary teacher in the same capacity under:
(1) a probationary contract for the following school
year, if the teacher has been employed by the district under a
probationary contract for less than three consecutive school years;
or
(2) a continuing or term contract, according to
district policy, if the teacher has been employed by the district
under a probationary contract for three consecutive school years.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.05, eff. Sept. 1,
1999.
§ 21.104. DISCHARGE DURING YEAR OR SUSPENSION WITHOUT
PAY UNDER PROBATIONARY CONTRACT. (a) A teacher employed under a
probationary contract may be discharged at any time for good cause
as determined by the board of trustees, good cause being the failure
to meet the accepted standards of conduct for the profession as
generally recognized and applied in similarly situated school
districts in this state.
(b) In lieu of discharge, a school district may suspend a
teacher without pay for good cause as specified by Subsection (a)
for a period not to extend beyond the end of the current school
year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.105. RESIGNATIONS UNDER PROBATIONARY
CONTRACT. (a) A teacher employed under a probationary contract
for the following school year may relinquish the position and leave
the employment of the district at the end of a school year without
penalty by filing with the board of trustees or its designee a
written resignation not later than the 45th day before the first day
of instruction of the following school year. A written resignation
mailed by prepaid certified or registered mail to the president of
the board of trustees or the board's designee at the post office
address of the district is considered filed at the time of mailing.
(b) A teacher employed under a probationary contract may
resign, with the consent of the board of trustees or the board's
designee, at any other time.
(c) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.106. RETURN TO PROBATIONARY STATUS. (a) In lieu
of discharging a teacher employed under a continuing contract,
terminating a teacher employed under a term contract, or not
renewing a teacher's term contract, a school district may, with the
written consent of the teacher, return the teacher to probationary
contract status.
(b) Except as provided by Subsection (d), a teacher may
agree to be returned to probationary contract status only after
receiving written notice that the board of trustees of the school
district has proposed discharge, termination, or nonrenewal.
(c) A teacher returned to probationary contract status must
serve a new probationary contract period as provided by Section
21.102 as if the teacher were employed by the district for the first
time.
(d) A teacher may agree to be returned to probationary
contract status after receiving written notice of the
superintendent's intent to recommend discharge, termination, or
nonrenewal. Notice under this subsection must inform the teacher
of the school district's offer to return the teacher to
probationary contract status, the period during which the teacher
may consider the offer, and the teacher's right to seek counsel.
The district must provide the teacher at least three business days
after the date the teacher receives notice under this subsection to
agree to be returned to probationary contract status. This
subsection does not require a superintendent to provide notice of
an intent to recommend discharge, termination, or nonrenewal.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 507, § 1, eff. Sept. 1,
2003.
SUBCHAPTER D. CONTINUING CONTRACTS
§ 21.151. DEFINITION. In this subchapter, "teacher"
has the meaning assigned by Section 21.101.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.152. CONTINUING CONTRACT. A continuing contract
must be in writing and must include the terms of employment
prescribed by this subchapter and any other appropriate provisions
consistent with this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.153. CONVERSION OF PROBATIONARY CONTRACT TO
CONTINUING CONTRACT. (a) A school district that employs a
teacher under a probationary contract for the third or, if
permitted, fourth consecutive year of service and that elects to
employ the teacher in future years under a continuing contract
shall notify the teacher in writing of the teacher's election to
continuing contract status. The teacher must, not later than the
30th day after the date of notification, file with the
superintendent of the school district written notification of the
teacher's acceptance of the continuing contract, beginning with the
school year following the conclusion of the teacher's period of
probationary contract employment.
(b) If the teacher fails to accept the contract within the
period prescribed by Subsection (a), the teacher is considered to
have refused to accept the contract.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.154. STATUS UNDER CONTINUING CONTRACT. Each
teacher employed under a continuing contract is entitled to
continue in the teacher's position or a position with the school
district for future school years without the necessity for annual
nomination or reappointment until the person:
(1) resigns;
(2) retires under the Teacher Retirement System of
Texas;
(3) is released from employment by the school district
at the end of a school year because of necessary reduction of
personnel as provided by Section 21.157;
(4) is discharged for good cause as defined by Section
21.156 and in accordance with the procedures provided by this
chapter;
(5) is discharged for a reason stated in the teacher's
contract that existed on or before September 1, 1995, and in
accordance with the procedures prescribed by this chapter; or
(6) is returned to probationary status, as authorized
by Section 21.106.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.155. ADMINISTRATIVE PERSONNEL UNDER CONTINUING
CONTRACT. The district may grant to a person who has served as
principal or in another administrative position for which
certification is required, at the completion of the person's
service in that capacity, a continuing contract to serve as a
teacher if the person qualifies for that position under criteria
adopted by the board of trustees. The period of service in an
administrative capacity is construed as contract service as a
teacher within the meaning of this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.156. DISCHARGE OR SUSPENSION WITHOUT PAY UNDER
CONTINUING CONTRACT. (a) A teacher employed under a continuing
contract may be discharged at any time for good cause as determined
by the board of trustees, good cause being the failure to meet the
accepted standards of conduct for the profession as generally
recognized and applied in similarly situated school districts in
this state.
(b) In lieu of discharge, a school district may suspend a
teacher without pay for good cause as specified by Subsection (a)
for a period not to extend beyond the end of the current school
year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher
employed under a continuing contract may be released at the end of a
school year and the teacher's employment with the school district
terminated at that time because of a necessary reduction of
personnel by the school district, with those reductions made in the
reverse order of seniority in the specific teaching fields.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.158. NOTICE UNDER CONTINUING
CONTRACT. (a) Before a teacher employed under a continuing
contract may be discharged, suspended without pay, or released
because of a necessary reduction of personnel, the board of
trustees must notify the teacher in writing of the proposed action
and the grounds for the action.
(b) A teacher who is discharged or suspended without pay for
actions related to the inability or failure of the teacher to
perform assigned duties is entitled, as a matter of right, to a copy
of each evaluation report or any other written memorandum that
concerns the fitness or conduct of the teacher, by requesting in
writing a copy of those documents.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.159. HEARING UNDER CONTINUING CONTRACT. (a) If
the teacher desires to protest the proposed action under Section
21.156 or 21.157, the teacher must notify the board of trustees in
writing not later than the 10th day after the date the teacher
receives the notice under Section 21.158.
(b) A teacher who notifies the board of trustees within the
time prescribed by Subsection (a) is entitled to a hearing as
provided by Subchapter F.
(c) If the teacher does not request a hearing within the
time prescribed by Subsection (a), the board of trustees shall:
(1) take the appropriate action; and
(2) notify the teacher in writing of the action not
later than the 30th day after the date the board sent the notice of
the proposed action under Section 21.158.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.160. RESIGNATION UNDER CONTINUING
CONTRACT. (a) A teacher employed under a continuing contract may
relinquish the position and leave the employment of the district at
the end of a school year without penalty by filing with the board of
trustees or its designee a written resignation not later than the
45th day before the first day of instruction of the following school
year. A written resignation mailed by prepaid certified or
registered mail to the president of the board of trustees or the
board's designee at the post office address of the district is
considered filed at time of mailing.
(b) A teacher employed under a continuing contract may
resign, with the consent of the board of trustees or the board's
designee, at any other time.
(c) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER E. TERM CONTRACTS
§ 21.201. DEFINITIONS. In this subchapter:
(1) "Teacher" means a superintendent, principal,
supervisor, classroom teacher, counselor, or other full-time
professional employee who is required to hold a certificate issued
under Subchapter B or a nurse. The term does not include a person
who is not entitled to a probationary, continuing, or term contract
under Section 21.002, an existing contract, or district policy.
(2) "School district" means any public school district
in this state.
(3) "Term contract" means any contract of employment
for a fixed term between a school district and a teacher.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.202. PROBATIONARY CONTRACT REQUIRED. (a) Except
as provided by Subsection (b), before a teacher may be employed
under a term contract, the teacher must be employed under a
probationary contract for the period provided by Subchapter C.
(b) A school district may employ a person as a principal or
classroom teacher under a term contract if the person has
experience as a public school principal or classroom teacher,
respectively, regardless of whether the person is being employed by
the school district for the first time or whether a probationary
contract would otherwise be required under Section 21.102.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1232, § 2, eff. Sept. 1,
2003.
§ 21.203. EMPLOYMENT POLICIES. (a) Except as provided
by Section 21.352(c), the employment policies adopted by a board of
trustees must require a written evaluation of each teacher at
annual or more frequent intervals. The board must consider the most
recent evaluations before making a decision not to renew a
teacher's contract if the evaluations are relevant to the reason
for the board's action.
(b) The employment policies must include reasons for not
renewing a teacher's contract at the end of a school year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 244, § 1, eff. June 18,
2003.
§ 21.204. TERM CONTRACT. (a) A term contract must be
in writing and must include the terms of employment prescribed by
this subchapter.
(b) The board of trustees may include in the contract other
provisions that are consistent with this subchapter.
(c) Each contract under this subchapter is subject to
approval by the board of trustees.
(d) The board of trustees shall provide each teacher with a
copy of the teacher's contract with the school district and, on the
teacher's request, a copy of the board's employment policies. If
the district has an Internet website, the district shall place the
board's employment policies on that website. At each school in the
district, the board shall make a copy of the board's employment
policies available for inspection at a reasonable time on request.
(e) A teacher does not have a property interest in a
contract beyond its term.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 484, § 1, eff. Sept. 1,
2003.
§ 21.205. TERM OF CONTRACT. Once a teacher has
completed the probationary contract period, the term of a contract
under this subchapter may not exceed five school years.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.206. NOTICE OF CONTRACT RENEWAL OR
NONRENEWAL. (a) Not later than the 45th day before the last day
of instruction in a school year, the board of trustees shall notify
in writing each teacher whose contract is about to expire whether
the board proposes to renew or not renew the contract.
(b) The board's failure to give the notice required by
Subsection (a) within the time specified constitutes an election to
employ the teacher in the same professional capacity for the
following school year.
(c) This section does not apply to a term contract with a
superintendent.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.207. HEARING UNDER TERM CONTRACT. (a) If the
teacher desires a hearing after receiving notice of the proposed
nonrenewal, the teacher shall notify the board of trustees in
writing not later than the 15th day after the date the teacher
receives the notice of the proposed action. The board shall provide
for a hearing to be held not later than the 15th day after the date
the board receives the request for a hearing unless the parties
agree in writing to a different date. The hearing must be closed
unless the teacher requests an open hearing.
(b) The hearing must be conducted in accordance with rules
adopted by the board. The board may use the process established
under Subchapter F.
(c) At the hearing, the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for
nonrenewal;
(3) cross-examine adverse witnesses; and
(4) present evidence.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.208. DECISION OF BOARD. (a) If the teacher does
not request a hearing, the board of trustees shall:
(1) take the appropriate action to renew or not renew
the teacher's contract; and
(2) notify the teacher in writing of that action not
later than the 30th day after the date the notice of proposed
nonrenewal was sent to the teacher.
(b) If the teacher requests a hearing, following the hearing
the board of trustees shall:
(1) take the appropriate action to renew or not renew
the teacher's contract; and
(2) notify the teacher in writing of that action not
later than the 15th day after the date on which the hearing is
concluded.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.209. APPEAL. A teacher who is aggrieved by a
decision of a board of trustees on the nonrenewal of the teacher's
term contract may appeal to the commissioner for a review of the
decision of the board of trustees in accordance with the provisions
of Subchapter G. The commissioner may not substitute the
commissioner's judgment for that of the board of trustees unless
the board's decision was arbitrary, capricious, unlawful, or not
supported by substantial evidence.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.210. RESIGNATION UNDER TERM CONTRACT. (a) A
teacher employed under a term contract with a school district may
relinquish the teaching position and leave the employment of the
district at the end of a school year without penalty by filing a
written resignation with the board of trustees or the board's
designee not later than the 45th day before the first day of
instruction of the following school year. A written resignation
mailed by prepaid certified or registered mail to the president of
the board of trustees or the board's designee at the post office
address of the district is considered filed at the time of mailing.
(b) A teacher employed under a term contract may resign,
with the consent of the board of trustees or the board's designee,
at any other time.
(c) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.211. TERMINATION OR SUSPENSION. (a) The board of
trustees may terminate a term contract and discharge a teacher at
any time for:
(1) good cause as determined by the board; or
(2) a financial exigency that requires a reduction in
personnel.
(b) For a good cause, as determined by the board, the board
of trustees may suspend a teacher without pay for a period not to
extend beyond the end of the school year:
(1) pending discharge of the teacher; or
(2) in lieu of terminating the teacher.
(c) A teacher who is not discharged after being suspended
without pay pending discharge is entitled to back pay for the period
of suspension.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.212. APPLICABILITY OF SUBCHAPTER TO
SUPERINTENDENTS. (a) The board of trustees of a school district
may choose to not renew the employment of a superintendent employed
under a term contract, effective at the end of the contract period.
If a majority of the board of trustees determines that the term
contract of the superintendent should be considered for nonrenewal,
the board shall give the superintendent written notice, containing
reasonable notice of the reason for the proposed nonrenewal, not
later than the 30th day before the last day of the contract term.
(b) If the board of trustees fails to give notice of the
proposed nonrenewal within the time specified by Subsection (a),
the board of trustees shall employ the superintendent in the same
professional capacity for the following school year.
(c) If the superintendent, not later than the 15th day after
receiving notice of the board's proposed action, does not request a
hearing with the board of trustees under Section 21.207, the board
of trustees shall:
(1) take the appropriate action; and
(2) notify the superintendent in writing of the action
not later than the 30th day after the date the board sends the
notice of the proposed nonrenewal.
(d) The board of trustees shall adopt policies that
establish reasons for nonrenewal. This section does not prohibit a
board of trustees from discharging a superintendent for good cause
during the term of a contract.
(e) A superintendent employed under a term contract may
leave the employment of the district at the end of a school year
without penalty by filing a written resignation with the board of
trustees. The resignation must be addressed to the board and filed
not later than the 45th day before the first day of instruction of
the following school year. A superintendent may resign, with the
consent of the board of trustees, at any other time.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.213. NONAPPLICABILITY OF SUBCHAPTER. Except as
provided by Section 21.202, this subchapter does not apply to a
teacher employed under a probationary contract in accordance with
Subchapter C or a continuing contract in accordance with
Subchapter D.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER F. HEARINGS BEFORE HEARING EXAMINERS
§ 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) terminate the teacher's continuing contract at any
time;
(2) terminate the teacher's probationary or term
contract before the end of the contract period; or
(3) suspend the teacher without pay.
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract; or
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.252. CERTIFICATION OF HEARING EXAMINERS. (a) The
State Board of Education, in consultation with the State Office of
Administrative Hearings, by rule shall establish criteria for the
certification of hearing examiners eligible to conduct hearings
under this subchapter. A hearing examiner certified under this
subchapter must be licensed to practice law in this state.
(b) The commissioner shall certify hearing examiners
according to the criteria established under Subsection (a). A
person certified as a hearing examiner or the law firm with which
the person is associated may not serve as an agent or representative
of:
(1) a school district;
(2) a teacher in any dispute with a school district;
or
(3) an organization of school employees, school
administrators, or school boards.
(c) The commissioner shall set hourly rates of compensation
for a hearing examiner and shall set a maximum amount of
compensation a hearing examiner may receive for a hearing.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.253. REQUEST FOR HEARING. (a) A teacher must file
a written request for a hearing under this subchapter with the
commissioner not later than the 15th day after the date the teacher
receives written notice of the proposed action. The teacher must
provide the district with a copy of the request and must provide the
commissioner with a copy of the notice.
(b) The parties may agree in writing to extend by not more
than 10 days the deadline for requesting a hearing.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 12, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 902, § 1, eff. June 20, 2003.
§ 21.254. ASSIGNMENT OF HEARING EXAMINER. (a) The
commissioner shall maintain a list of the names of all persons who
have been certified as hearing examiners. The list shall be
initially prepared in a random order, and subsequent additions to
the list shall be added chronologically.
(b) The commissioner shall assign the hearing examiner for a
particular case by selecting the next person named on the list who
resides within reasonable proximity to the district as determined
by the commissioner. The commissioner may not change the order of
names once the order is established under this section, except that
once each hearing examiner on the list has been assigned to a case,
the names shall be randomly reordered.
(c) If a hearing examiner is not selected by the parties to a
pending case under Subsection (e), the commissioner shall assign a
hearing examiner to the case not earlier than the sixth business day
and not later than the 10th business day after the date on which the
commissioner receives the request for a hearing. When a hearing
examiner has been assigned to a case, the commissioner shall
immediately notify the parties.
(d) The parties may agree to reject a hearing examiner for
any reason and either party is entitled to reject the assigned
hearing examiner for cause. A rejection must be in writing and
filed with the commissioner not later than the third day after the
date of notification of the hearing examiner's assignment. If the
parties agree to reject the hearing examiner or if the commissioner
determines that one party has good cause to reject the hearing
examiner, the commissioner shall assign another hearing examiner as
provided by Subsection (b). If neither party makes a timely
rejection, the assignment is final.
(e) After the teacher receives the notice of the proposed
action, the parties by agreement may select a hearing examiner from
the list maintained by the commissioner under Subsection (a) or a
person who is not certified to serve as a hearing examiner. A
person who is not a certified hearing examiner may be selected only
if the person is licensed to practice law in this state. If the
parties agree on a hearing examiner, the parties shall, before the
date the commissioner is permitted to assign a hearing examiner,
notify the commissioner in writing of the agreement, including the
name of the hearing examiner selected.
(f) After the teacher receives the notice of the proposed
action, the teacher and the district may agree in writing that the
decision of the hearing examiner will be final and nonappealable on
all or some issues.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 13, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 902, § 2, eff. June 20, 2003.
§ 21.255. HEARINGS BEFORE HEARING EXAMINER. (a) The
hearing examiner may issue subpoenas at the request of either party
for the attendance of witnesses and the production of documents at
the hearing and may administer oaths, rule on motions and the
admissibility of evidence, maintain decorum by closing the hearing
or taking other appropriate action, schedule and recess the
proceedings, and make any other orders as provided by rules adopted
by the commissioner. The hearing examiner may issue a subpoena for
the attendance of a person who is not an employee of the district
only if the party requesting the issuance of the subpoena shows good
cause for the subpoena. The hearing must be held within the
geographical boundaries of the school district or at the regional
education service center that serves the district.
(b) A hearing examiner may allow either party to take one or
more depositions or to use other means of discovery before the
hearing. The hearing examiner, at the request of either party, may
issue subpoenas for the attendance of witnesses and the production
of documents at the deposition. The hearing examiner may issue a
subpoena for the deposition of any person who is not an employee of
the district only if the party requesting the issuance of the
subpoena shows good cause for the subpoena. The deposition must be
held within the geographical boundaries of the school district or
at the regional education service center that serves the district.
(c) A procedure specified in this section may be changed or
eliminated by written agreement of the teacher and the school
district after the teacher receives the written notice of the
proposed action.
(d) If the hearing examiner is unable to continue presiding
over a case at any time before issuing a recommendation or decision,
the parties shall request the assignment of another hearing
examiner under Section 21.254 who, after a review of the record,
shall perform any remaining functions without the necessity of
repeating any previous proceedings.
(e) The school district shall bear the cost of the services
of the hearing examiner and certified shorthand reporter at the
hearing and the production of any original hearing transcript.
Each party shall bear its respective costs, including the cost of
discovery, if any, and attorney's fees.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.256. CONDUCT OF HEARING. (a) A hearing under this
subchapter must be private unless the teacher requests in writing
that the hearing be public, except that a hearing examiner may close
a hearing if necessary to maintain decorum.
(b) The hearing is not subject to Chapter 2001, Government
Code.
(c) At the hearing, a teacher has the right to:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence on which the charges are based;
(3) cross-examine each adverse witness; and
(4) present evidence.
(d) The Texas Rules of Civil Evidence apply at the hearing.
A certified shorthand reporter shall record the hearing.
(e) The hearing shall be conducted in the same manner as a
trial without a jury in a district court of this state. The hearing
examiner's findings of fact and conclusions of law shall be
presumed to be based only on admissible evidence.
(f) To protect the privacy of a witness who is a child, the
hearing examiner may:
(1) close the hearing to receive the testimony of the
witness; or
(2) order that the testimony or a statement of the
witness be presented using the procedures prescribed by Article
38.071, Code of Criminal Procedure.
(g) An evaluation or appraisal of the teacher is presumed to
be admissible at the hearing.
(h) At the hearing, the school district has the burden of
proof by a preponderance of the evidence.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.257. RECOMMENDATION OF HEARING EXAMINER. (a) 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.
(b) The proposed relief under Subsection (a)(2) may include
reinstatement, back pay, or employment benefits but may not include
attorney's fees or other costs associated with the hearing or
appeals from the hearing.
(c) The parties may agree in writing to extend by not more
than 45 days the right to a recommendation by the date prescribed by
Subsection (a). A hearing under this section may not be held on a
Saturday, Sunday, or a state or federal holiday, unless all parties
agree.
(d) The hearing examiner shall send a copy of the
recommendation to each party, the president of the board of
trustees, and the commissioner.
(e) A hearing examiner who fails to timely issue a written
recommendation or decision may not be assigned by the commissioner
to conduct additional hearings for a period not to exceed one year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 14, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 902, § 3, eff. June 20, 2003.
§ 21.258. CONSIDERATION OF RECOMMENDATION BY BOARD OF
TRUSTEES OR BOARD SUBCOMMITTEE. (a) The board of trustees or a
subcommittee designated by the board shall consider the
recommendation and record of the hearing examiner at the first
board meeting for which notice can be posted in compliance with
Chapter 551, Government Code, following the issuance of the
recommendation. The meeting must be held not later than the 20th
day after the date that the president of the board receives the
hearing examiner's recommendation and the record of the hearing.
(b) At the meeting, the board of trustees or board
subcommittee shall consider the hearing examiner's recommendation
and shall allow each party to present an oral argument to the board
or subcommittee. The board by written policy may limit the amount
of time for oral argument. The policy must provide equal time for
each party.
(c) The board of trustees or board subcommittee may obtain
advice concerning legal matters from an attorney who has not been
involved in the proceedings.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.259. DECISION OF BOARD OF TRUSTEES OR BOARD
SUBCOMMITTEE. (a) Not later than the 10th day after the date of
the board meeting under Section 21.258, the board of trustees or
board subcommittee shall announce a decision that:
(1) includes findings of fact and conclusions of law;
and
(2) may include a grant of relief.
(b) The board of trustees or board subcommittee may adopt,
reject, or change the hearing examiner's:
(1) conclusions of law; or
(2) proposal for granting relief.
(c) The board of trustees or board subcommittee may reject
or change a finding of fact made by the hearing examiner only after
reviewing the record of the proceedings before the hearing examiner
and only if the finding of fact is not supported by substantial
evidence.
(d) The board of trustees or board subcommittee shall state
in writing the reason and legal basis for a change or rejection made
under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.260. RECORDING OF BOARD MEETING AND
ANNOUNCEMENT. A certified shorthand reporter shall record the
oral argument under Section 21.258 and the announcement of the
decision under Section 21.259. The school district shall bear the
cost of the services of the certified shorthand reporter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER G. APPEALS TO COMMISSIONER OF EDUCATION
§ 21.301. APPEAL TO COMMISSIONER. (a) Not later than
the 20th day after the date the board of trustees or board
subcommittee announces its decision under Section 21.259 or the
board advises the teacher of its decision not to renew the teacher's
contract under Section 21.208, the teacher may appeal the decision
by filing a petition for review with the commissioner.
(b) The school district must file a response not later than
the 20th day after the date the petition for review is filed. The
record of the local hearing must be filed with the district's
response or be filed alone within the period for a response if the
district does not file a response. A school district's filing of
the record with the commissioner under this subsection is not an
offense under Section 551.146, Government Code.
(c) The commissioner shall review the record of the hearing
before the hearing examiner and the oral argument before the board
of trustees or board subcommittee. Except as provided in Section
21.302, the commissioner shall consider the appeal solely on the
basis of the local record and may not consider any additional
evidence or issue. The commissioner, on the motion of a party or on
the commissioner's motion, may hear oral argument. The
commissioner shall accept written argument.
(d) In conducting a hearing under this section, the
commissioner has the same authority relating to discovery and
conduct of a hearing as a hearing examiner has under Subchapter F.
(e) The commissioner may adopt rules governing the conduct
of an appeal to the commissioner. An appeal to the commissioner
under this section is not subject to Chapter 2001, Government Code.
(f) The commissioner may obtain advice concerning legal
matters from the chief legal officer of the agency if the chief
legal officer has not been involved in the proceedings.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 895, § 2, eff. June 14,
2001.
§ 21.302. EVIDENTIARY HEARING BEFORE
COMMISSIONER. (a) If a party alleges that procedural
irregularities that are not reflected in the local record occurred
at the hearing before the hearing examiner, the commissioner may
hold a hearing for the presentation of evidence on that issue. The
party alleging that procedural irregularities occurred shall
identify the specific alleged defect and its claimed effect on the
board's or board subcommittee's decision. The commissioner may
make appropriate orders consistent with rules adopted by the
commissioner. The commissioner's determination on any alleged
procedural irregularities is final and may not be appealed.
(b) A hearing under this section shall be recorded by a
certified shorthand reporter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.303. DETERMINATION BY COMMISSIONER. (a) If the
board of trustees decided not to renew a teacher's term contract,
the commissioner may not substitute the commissioner's judgment for
that of the board of trustees unless the decision was arbitrary,
capricious, or unlawful or is not supported by substantial
evidence.
(b) If the board of trustees terminated a teacher's
probationary, continuing, or term contract during the contract term
or suspended a teacher without pay, the commissioner may not
substitute the commissioner's judgment for that of the board
unless:
(1) if the board accepted the hearing examiner's
findings of fact without modification, the decision is arbitrary,
capricious, or unlawful or is not supported by substantial
evidence; or
(2) if the board modified the hearing examiner's
findings of fact, the decision is arbitrary, capricious, or
unlawful or the hearing examiner's original findings of fact are
not supported by substantial evidence.
(c) The commissioner may not reverse a decision of a board
of trustees based on a procedural irregularity or error by a hearing
examiner, the board of trustees, or a board subcommittee unless the
commissioner determines that the irregularity or error was likely
to have led to an erroneous decision by the board or board
subcommittee.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.304. DECISION OF COMMISSIONER. (a) The
commissioner's decision must be in writing and must include
findings of fact and conclusions of law. The commissioner may adopt
by reference and incorporate findings of fact or conclusions of law
from the local record.
(b) The commissioner must issue a decision not later than
the 30th day after the last day on which a response to the petition
for review may be filed under Section 21.301(b). If the
commissioner fails to issue a decision within that time, the
decision of the board is affirmed.
(c) The commissioner shall send a copy of the decision to
each party or the party's representative by certified mail. The
commissioner shall keep a record of the mailing. A party is
presumed to be notified of the decision on the date the decision is
received, as indicated by the certified mail return receipt.
(d) The commissioner shall maintain and index decisions of
the commissioner issued under this section with the recommendations
or decisions of the hearing examiner.
(e) If the commissioner reverses the action of the board of
trustees, the commissioner shall order the school district to
reinstate the teacher and to pay the teacher any back pay and
employment benefits from the time of discharge or suspension to
reinstatement.
(f) Instead of reinstating a teacher under Subsection (e),
the school district may pay the teacher one year's salary to which
the teacher would have been entitled from the date on which the
teacher would have been reinstated.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.3041. REHEARING BY COMMISSIONER. (a) Not later
than the 20th day after the date the party or the party's
representative receives notice of the commissioner's decision
under Section 21.304, the party may file a request for rehearing.
(b) A request for rehearing is not required for a party to
appeal the commissioner's decision under Section 21.307.
(c) A request for rehearing is denied 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 representative receives notice of
the commissioner's decision.
Added by Acts 2003, 78th Leg., ch. 201, § 15, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 902, § 4, eff. June 20, 2003.
§ 21.305. COSTS ON APPEAL TO COMMISSIONER. (a) If a
teacher appeals the decision of the board of trustees or board
subcommittee, the school district shall bear the cost of preparing
the original transcripts of:
(1) the hearing before the hearing examiner; and
(2) the oral argument before the board of trustees or
board subcommittee.
(b) Each party shall bear the cost of any copy of the
transcript requested by that party.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.306. EX PARTE COMMUNICATIONS PROHIBITED. The
commissioner and the staff of the agency may not communicate with
any party or any party's representative in connection with any
issue of fact or law except on notice and opportunity for each party
to participate.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.307. JUDICIAL APPEALS. (a) Either party may
appeal the commissioner's decision to:
(1) a district court in the county in which the
district's central administrative offices are located; or
(2) if agreed by all parties, a district court in
Travis County.
(b) An appeal under this section must be perfected not later
than the 30th day after:
(1) the date the party or the party's representative
receives notice of the commissioner's decision or the date on which
the decision of the board of trustees is affirmed by operation of
law if the commissioner fails to issue a decision within the
required period; or
(2) if a request for rehearing is filed under Section
21.3041, the date on which the request is denied by order of the
commissioner or by operation of law under Section 21.3041(c).
(c) The commissioner and each party to the appeal to the
commissioner must be made a party to an appeal under this section.
(d) The perfection of an appeal under this section does not
affect the enforcement of the commissioner's decision.
(e) The court shall, under the substantial evidence rule,
review the evidence on the evidentiary record made at the local
level and any evidence taken by the commissioner but may not take
additional evidence.
(f) The court may not reverse the decision of the
commissioner unless the decision was not supported by substantial
evidence or unless the commissioner's conclusions of law are
erroneous.
(g) The court may not reverse a decision of the commissioner
based on a procedural irregularity or error by a hearing examiner, a
board of trustees or board subcommittee, or the commissioner unless
the court determines that the irregularity or error was likely to
have led to an erroneous decision by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 201, § 16, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 902, § 5, eff. June 20, 2003.
SUBCHAPTER H. APPRAISALS AND INCENTIVES
§ 21.351. RECOMMENDED APPRAISAL PROCESS AND PERFORMANCE
CRITERIA. (a) The commissioner shall adopt a recommended
appraisal process and criteria on which to appraise the performance
of teachers. The criteria must be based on observable, job-related
behavior, including:
(1) teachers' implementation of discipline management
procedures; and
(2) the performance of teachers' students.
(b) The commissioner shall solicit and consider the advice
of teachers in developing the recommended appraisal process and
performance criteria.
(c) Under the recommended appraisal process, an appraiser
must be the teacher's supervisor or a person approved by the board
of trustees. An appraiser who is a classroom teacher may not
appraise the performance of another classroom teacher who teaches
at the same school campus at which the appraiser teaches, unless it
is impractical because of the number of campuses or unless the
appraiser is the chair of a department or grade level whose job
description includes classroom observation responsibilities.
(d) Under the recommended appraisal process, appraisal for
teachers must be detailed by category of professional skill and
characteristic and must provide for separate ratings for each
category. The appraisal process shall guarantee a conference
between the teacher and the appraiser. The conference shall be
diagnostic and prescriptive with regard to remediation needed in
overall performance and by category.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.352. LOCAL ROLE. (a) In appraising teachers,
each school district shall use:
(1) the appraisal process and performance criteria
developed by the commissioner; or
(2) an appraisal process and performance criteria:
(A) developed by the district- and campus-level
committees established under Section 11.251;
(B) containing the items described by Sections
21.351(a)(1) and (2); and
(C) adopted by the board of trustees.
(b) The board of trustees may reject an appraisal process
and performance criteria developed by the district- and
campus-level committees but may not modify the process or criteria.
(c) Except as otherwise provided by this subsection,
appraisal must be done at least once during each school year. A
teacher may be appraised less frequently if the teacher agrees in
writing and the teacher's most recent evaluation rated the teacher
as at least proficient, or the equivalent, and did not identify any
area of deficiency. A teacher who is appraised less frequently than
annually must be appraised at least once during each period of five
school years. The district shall maintain a written copy of the
evaluation of each teacher's performance in the teacher's personnel
file. Each teacher is entitled to receive a written copy of the
evaluation on its completion. After receiving a written copy of the
evaluation, a teacher is entitled to a second appraisal by a
different appraiser or to submit a written rebuttal to the
evaluation to be attached to the evaluation in the teacher's
personnel file. The evaluation and any rebuttal may be given to
another school district at which the teacher has applied for
employment at the request of that district.
(d) A teacher may be given advance notice of the date or time
of an appraisal, but advance notice is not required.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 244, § 2, eff. June 18,
2003.
§ 21.353. APPRAISAL ON BASIS OF CLASSROOM TEACHING
PERFORMANCE. A teacher who directs extracurricular activities in
addition to performing classroom teaching duties shall be appraised
only on the basis of classroom teaching performance and not on
performance in connection with the extracurricular activities.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.354. APPRAISAL OF ADMINISTRATORS. (a) The
commissioner shall adopt a recommended appraisal process and
criteria on which to appraise the performance of various
classifications of school administrators. The criteria must be
based on job-related performance.
(b) The commissioner may solicit and consider the advice of
teachers and administrators in developing the appraisal process and
performance criteria.
(c) Each school district shall appraise each administrator
annually using either:
(1) the commissioner's recommended appraisal process
and performance criteria; or
(2) an appraisal process and performance criteria:
(A) developed by the district in consultation
with the district- and campus-level committees established under
Section 11.251; and
(B) adopted by the board of trustees.
(d) Funds of a school district may not be used to pay an
administrator who has not been appraised under this section in the
preceding 15 months.
(e) The appraisal of a principal shall include
consideration of the performance of a principal's campus on the
indicators established under Section 39.051 and the campus's
objectives established under Section 11.253, including performance
gains of the campus and the maintenance of those gains.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.355. CONFIDENTIALITY. A document evaluating the
performance of a teacher or administrator is confidential.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.356. EVALUATION OF SCHOOL COUNSELORS. The
commissioner shall develop and periodically update a job
description and an evaluation form for use by school districts in
evaluating school counselors. The commissioner shall consult with
state guidance counselor associations in the development and
modification of the job description and the evaluation form.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 21.357. PERFORMANCE INCENTIVES. (a) The
commissioner shall design an objective system to evaluate
principals that:
(1) is based on types of information available as of
January 1, 1995, through the Public Education Information
Management System (PEIMS) and the state's public school
accountability system;
(2) focuses on gain at a principal's campus and
includes a statistical analysis comparing current campus
performance to previous performance; and
(3) does not include subjective items.
(b) From funds appropriated for that purpose, the
commissioner may award performance incentives to principals
identified through the evaluation system as high-performing. Based
on available appropriations, for each fiscal year, a performance
incentive may not exceed:
(1) $5,000, for a principal ranked in the top
quartile; or
(2) $2,500, for a principal ranked in the second
quartile.
(c) A performance incentive awarded to a principal under
this section must be distributed to the principal's school and used
in the manner determined by the campus-level committee established
under Section 11.253 in accordance with the requirements of Section
39.094(a).
(d) The commissioner shall develop a study on establishing
an incentive grant program for all classes of educators, to be
reported to the legislature no later than December 1, 1998. The
study shall focus on developing objective methods for the issuance
of grants in the areas of student performance, continuing
education, and professional duties performed by teachers in
addition to classroom duties.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 824, § 1, eff. Sept. 1,
1997.
SUBCHAPTER I. DUTIES AND BENEFITS
§ 21.401. MINIMUM SERVICE REQUIRED. (a) A contract
between a school district and an educator must be for a minimum of
10 months' service.
(a-1) to (a-4) Expired.
(b) An educator employed under a 10-month contract must
provide a minimum of 187 days of service.
(c) The commissioner, as provided by Section 25.081(b), may
reduce the number of days of service required by this section. A
reduction by the commissioner does not reduce an educator's salary.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 592, § 1.05, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 949, § 1, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 396, § 1.30, eff. Sept. 1, 1999.
