82R7634 CAS-D By: Guillen H.B. No. 1326 A BILL TO BE ENTITLED AN ACT relating to authorization to operate school districts on the basis of a four-day instructional week. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.081, Education Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as authorized under [Subsection (b) of] this section, Section 25.084, or Section 29.0821, for each school year each school district must operate so that the district provides for at least 180 days of instruction for students. (c) In accordance with this subsection, a school district may operate so that during the school year the district provides four days of instruction for students per week. A district that operates under this subsection may choose to forgo providing regular instruction for students during the school year from Friday through Sunday or from Saturday through Monday. Notwithstanding Section 25.082, the district shall extend the school day at each district school so that the average length of a school day is at least 8.5 hours. The amount of state funding to which a district is entitled is not affected by the district's operation in accordance with this subsection. The district shall, in the time and manner required by commissioner rule, notify the commissioner of the district's intention to operate in accordance with this subsection. The commissioner shall adopt any other rules necessary for the administration of this subsection. SECTION 2. Section 21.401(c), Education Code, is amended to read as follows: (c) The commissioner, as provided by Section 25.081(b), may reduce the number of days of service required by this section. The commissioner shall reduce the number of days of service required by this section for an educator employed by a school district operating in accordance with Section 25.081(c) so that the number of days of service required is in proportion to the number of days of instruction provided by the district for the school year. A reduction by the commissioner under this subsection does not reduce an educator's salary. SECTION 3. Section 42.005(a), Education Code, is amended to read as follows: (a) In this chapter, average daily attendance is: (1) the quotient of the sum of attendance for each day of the minimum number of days of instruction as described under Section 25.081(a) divided by the minimum number of days of instruction; (2) for a district that operates under a flexible year program under Section 29.0821, the quotient of the sum of attendance for each actual day of instruction as permitted by Section 29.0821(b)(1) divided by the number of actual days of instruction as permitted by Section 29.0821(b)(1); [or] (3) for a district that operates under a flexible school day program under Section 29.0822, the average daily attendance as calculated by the commissioner in accordance with Section 29.0822(d); or (4) for a district that operates on the basis of a reduced number of days of instruction and a longer school day under Section 25.081(c), the quotient of the sum of attendance for each day of instruction provided under Section 25.081(c) divided by the number of days of instruction provided under Section 25.081(c). SECTION 4. This Act applies beginning with the 2011-2012 school year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.