H.B. No. 2519
 
 
 
 
AN ACT
  relating to matters regarding educators, including the composition
  of the State Board for Educator Certification, the issuance of
  certain sanctions by the board, and requiring a school district to
  notify a teacher regarding the submission of certain complaints to
  the board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.033, Education Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  At least two of the members appointed under Subsection
  (a)(1), (2), or (3) must be from a school district eligible for an
  allotment under Section 48.101.
         SECTION 2.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.065 to read as follows:
         Sec. 21.065.  NOTICE TO TEACHER REGARDING SUSPENSION OF
  CERTIFICATE OR PERMIT. (a) In this section, "teacher" means a
  superintendent, principal, supervisor, classroom teacher, school
  counselor, paraprofessional, or other full-time professional
  employee who is required to hold a certificate issued under this
  subchapter.
         (b)  Except as provided by Subsection (c), on the suspension
  of a teacher's certificate or permit issued under this subchapter,
  the board shall promptly notify the teacher of the suspension. The
  notice must include:
               (1)  the basis for the suspension; and
               (2)  information regarding the method in which the
  teacher may respond to the suspension.
         (c)  Subsection (b) does not apply to the suspension of a
  teacher's certificate or permit by an agreed order.
         SECTION 3.  Section 21.105, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (e), and (f) to
  read as follows:
         (c)  Subject to Subsections (e) and (f), on [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.
         (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).
         SECTION 4.  Section 21.160, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (e), and (f) to
  read as follows:
         (c)  Subject to Subsections (e) and (f), on [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.
         (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).
         SECTION 5.  Section 21.210, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d), (e), and (f) to
  read as follows:
         (c)  Subject to Subsections (e) and (f), on [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).
         SECTION 6.  Section 21.033(a-1), Education Code, as added by
  this Act, requiring that at least two members of the State Board for
  Educator Certification appointed under Subsection (a)(1), (2), or
  (3) of that section be from a school district eligible for an
  allotment under Section 48.101, does not affect the entitlement of
  members described by those subdivisions serving on the board
  immediately before the effective date of this Act to continue to
  carry out the members' duties for the remainder of the members'
  terms. The governor shall appoint members who meet the
  requirements under Section 21.033(a-1), Education Code, as added by
  this Act, if necessary, on the first two vacancies that occur after
  the effective date of this Act of a board position held by a member
  under Subsection (a)(1), (2), or (3) of that section.
         SECTION 7.  Section 21.065, Education Code, as added by this
  Act, applies only to a suspension of a teacher's certificate or
  permit by the State Board for Educator Certification occurring on
  or after the effective date of this Act.
         SECTION 8.  (a) Sections 21.105(d), 21.160(d), and
  21.210(d), Education Code, as added by this Act, apply only to a
  complaint submitted to the State Board for Educator Certification
  on or after the effective date of this Act.
         (b)  Sections 21.105(e) and (f), 21.160(e) and (f), and
  21.210(e) and (f), Education Code, as added by this Act, apply only
  to a disciplinary proceeding initiated by the State Board for
  Educator Certification on or after the effective date of this Act.
  A disciplinary proceeding commenced before the effective date of
  this Act is governed by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2519 was passed by the House on April
  21, 2021, by the following vote:  Yeas 143, Nays 5, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2519 on May 28, 2021, by the following vote:  Yeas 133, Nays 11,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2519 was passed by the Senate, with
  amendments, on May 26, 2021, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor