reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.210. Resignation Under Term Contract

Sec. 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)  Subject to Subsections (e) and (f), 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.
(d)  If a school district submits a complaint regarding a teacher to the State Board for Educator Certification under Subsection (c), the district shall promptly notify the teacher of the complaint.  The notice must include:
(1)  the basis of the complaint;
(2)  information regarding how the teacher may contact the State Board for Educator Certification; and
(3)  a reminder that the teacher should verify that the teacher's mailing address on file with the State Board for Educator Certification is current.
(e)  Before imposing sanctions against a teacher under Subsection (c), the State Board for Educator Certification:
(1)  must consider any mitigating factors relevant to the teacher's conduct; and
(2)  may consider alternatives to sanctions, including additional continuing education or training.
(f)  If a teacher fails to timely file a written resignation as required by Subsection (a) but files a written resignation in the manner provided by that subsection not later than the 30th day before the first day of instruction of the following school year, the State Board for Educator Certification may not suspend or revoke the teacher's certificate under Subsection (c).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1030 (H.B. 2519), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.211. Termination or Suspension

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.212. Applicability of Subchapter to Superintendents

Sec. 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.
(f)  On the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, the board of trustees of a school district may choose to amend the terms of the contract of a superintendent employed under a term contract.  A superintendent whose contract is amended under this subsection may resign without penalty by providing reasonable notice to the board and may continue employment for that notice period under the prior contract.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 11, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter E. Term Contracts › Section 21.213. Nonapplicability of Subchapter

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.251. Applicability

Sec. 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, except as provided by Subsection (b)(3);
(2)  terminate the teacher's probationary or term contract before the end of the contract period, except as provided by Subsection (b)(3); 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;
(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; or
(3)  a decision, on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, to terminate a probationary or term contract before the end of the contract period or to terminate a continuing contract at any time, unless the board of trustees has decided to use the process prescribed by this subchapter for that purpose.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 12, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.252. Certification of Hearing Examiners

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.253. Request for Hearing

Sec. 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, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 12, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.254. Assignment of Hearing Examiner

Sec. 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, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 13, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.255. Hearings Before Hearing Examiner

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.256. Conduct of Hearing

Sec. 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 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, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.003, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.257. Recommendation of Hearing Examiner

Sec. 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.
(a-1)  A determination by the hearing examiner regarding good cause for the suspension of a teacher without pay or the termination of a probationary, continuing, or term contract is a conclusion of law and may be adopted, rejected, or changed by the board of trustees or board subcommittee as provided by Section 21.259(b).
(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, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 14, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 13, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.258. Consideration of Recommendation by Board of Trustees or Board Subcommittee

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.259. Decision of Board of Trustees or Board Subcommittee

Sec. 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, including a determination regarding good cause for suspension without pay or termination; 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, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 8 (S.B. 8), Sec. 14, eff. September 28, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter F. Hearings Before Hearing Examiners › Section 21.260. Recording of Board Meeting and Announcement

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.301. Appeal to Commissioner

Sec. 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, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 895, Sec. 2, eff. June 14, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.302. Evidentiary Hearing Before Commissioner

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.303. Determination by Commissioner

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.304. Decision of Commissioner

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.3041. Rehearing by Commissioner

Sec. 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, Sec. 15, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 4, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.305. Costs on Appeal to Commissioner

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.306. Ex Parte Communications Prohibited

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter G. Appeals to Commissioner of Education › Section 21.307. Judicial Appeals

Sec. 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, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 201, Sec. 16, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 902, Sec. 5, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.351. Recommended Appraisal Process and Performance Criteria

Sec. 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.
(a-1)  In adopting criteria described by Subsection (a)(1), the commissioner shall ensure that a teacher may not be assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002.  This subsection does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report.
(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, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 630 (S.B. 1451), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.353. Appraisal on Basis of Classroom Teaching Performance

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.354. Appraisal of Certain Administrators

Sec. 21.354.  APPRAISAL OF CERTAIN 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.
(a-1)  This section does not apply to the appraisal of the performance of a principal.
(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)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1093, Sec. 5, eff. June 17, 2011.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 21, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.3541. Appraisal and Professional Development System for Principals

Sec. 21.3541.  APPRAISAL AND PROFESSIONAL DEVELOPMENT SYSTEM FOR PRINCIPALS.  (a)  The commissioner by rule shall establish and shall administer a comprehensive appraisal and professional development system for principals.
(b)  The commissioner may establish a consortium of nationally recognized experts on educational leadership and policy to:
(1)  assist the commissioner in effectively researching and developing the comprehensive appraisal and professional development system described by Subsection (a); and
(2)  evaluate relevant research and practices and make recommendations to the commissioner to improve the quality of the training, appraisal, professional development, and compensation of principals.
(c)  If the commissioner establishes the consortium, the commissioner shall select a presiding officer of the consortium.  The presiding officer:
(1)  must be an expert on educational leadership and policy;
(2)  must have a demonstrated ability to lead a statewide school leadership reform initiative; and
(3)  may not be employed by a school district in this state.
(d)  The commissioner shall establish school leadership standards and a set of indicators of successful school leadership to align with the training, appraisal, and professional development of principals.
(e)  In carrying out the commissioner's powers and duties under this section, the commissioner may use only money available from private sources that may be used for that purpose.
(f)  In appraising principals, each school district shall use either:
(1)  the appraisal system and school leadership standards and indicators developed or established by the commissioner under this section; or
(2)  an appraisal process and performance criteria:
(A)  developed by the district in consultation with the district-level and campus-level committees established under Section 11.251; and
(B)  adopted by the board of trustees.
(g)  Each school district shall appraise each principal annually.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1093 (S.B. 1383), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.355. Confidentiality

Sec. 21.355.  CONFIDENTIALITY.  (a)  A document evaluating the performance of a teacher or administrator is confidential and is not subject to disclosure under Chapter 552, Government Code.
(b)  Subsection (a) applies to a teacher or administrator employed by an open-enrollment charter school regardless of whether the teacher or administrator is certified under Subchapter B.
(c)  At the request of a school district, open-enrollment charter school, or private school at which a teacher or administrator has applied for employment, a school district or an open-enrollment charter school shall give the requesting district or school a document evaluating the performance of a teacher or administrator employed by the school.
(d)  A school district or open-enrollment charter school shall give the agency a document evaluating the performance of a teacher or administrator employed by the district or school for purposes of an investigation conducted by the agency.
(e)  Notwithstanding Subsection (a) and except as otherwise provided by a court order prohibiting disclosure, a document provided to the agency under Subsection (d) may be used in a disciplinary proceeding against a teacher or administrator if the document may be admitted under rules of evidence applicable to a contested case, as provided by Section 2001.081, Government Code.
(f)  A document provided to the agency under Subsection (d) remains confidential unless the document becomes part of the record in a contested case under Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1305 (H.B. 2971), Sec. 1, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 178 (S.B. 7), Sec. 14, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 986 (S.B. 1230), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.356. Evaluation of School Counselors

Sec. 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, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter H. Appraisals and Incentives › Section 21.357. Performance Incentives

Sec. 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 39.264(a).
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(8), eff. June 17, 2011.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 824, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 22, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(8), eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle D - Educators and School District Employees and Volunteers › Chapter 21 - Educators › Subchapter I. Duties and Benefits › Section 21.401. Minimum Service Required

Sec. 21.401.  MINIMUM SERVICE REQUIRED.  (a)  A contract between a school district and an educator must be for a minimum of 10 months' service.
(b)  Except as provided by Subsection (c-1), 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.
(c-1)  If a school district anticipates providing less than 180 days of instruction for students during a school year, as indicated by the district's academic calendar, the district may reduce the number of days of service required by this section proportionately.  A reduction by the district does not reduce an educator's salary.
(d)  Subsections (a) and (b) do not apply to a contract between a school district and an educational diagnostician.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 592, Sec. 1.05, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 949, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 396, Sec. 1.30, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 82 (S.B. 158), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 673 (S.B. 2073), Sec. 1, eff. June 10, 2019.