82R6859 PAM-D By: Bonnen H.B. No. 3006 A BILL TO BE ENTITLED AN ACT relating to the minimum number of days of service for public school educators and the required number of days of instruction for public school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.401, Education Code, is amended by adding Subsection (c-1) to read as follows: (c-1) A school district, in accordance with Section 25.081(c), may reduce the number of days of service required by this section. Notwithstanding Section 21.402, the school district may reduce an educator's salary in proportion to the reduction in the number of days of instruction for students under Section 25.081(c). SECTION 2. 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) A school district may reduce the number of days of instruction for students required under Subsection (a) by not more than 10 days each school year. The district is not required to obtain a waiver under Section 7.056 to reduce the number of days of instruction for students as provided by this subsection. 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 reduces the number of days of instruction for students under Section 25.081(c), the quotient of the sum of attendance for each actual day of instruction as permitted by Section 25.081(c) divided by the number of actual days of instruction as permitted by 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.