Texas 2011 - 82nd Regular

Texas Senate Bill SB12 Compare Versions

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1	1	By: Shapiro, et al. S.B. No. 12
2	2	(In the Senate - Filed April 13, 2011; April 13, 2011, read
3	3	first time and referred to Committee on Education; April 18, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 5, Nays 2; April 18, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Davis
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the flexibility of the board of trustees of a school
12	12	district in the management and operation of public schools in the
13	13	district.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 21.0031, Education Code, is amended by
16	16	amending Subsections (a) and (b) and adding Subsection (b-1) to
17	17	read as follows:
18	18	(a) An employee's probationary, continuing, or term
19	19	contract under this chapter is void if the employee:
20	20	(1) does not hold a valid certificate or permit issued
21	21	by the State Board for Educator Certification; [or]
22	22	(2) fails to fulfill the requirements necessary to
23	23	renew or extend the employee's temporary, probationary, or
24	24	emergency certificate or any other certificate or permit issued
25	25	under Subchapter B; or
26	26	(3) fails to comply with any requirement under
27	27	Subchapter C, Chapter 22, if the failure results in suspension or
28	28	revocation of the employee's certificate under Section
29	29	22.0831(f)(2).
30	30	(b) If a school district has knowledge that an [After an
31	31	employee receives notice that the] employee's contract is void
32	32	under Subsection (a):
33	33	(1) the [a school] district may, except as provided by
34	34	Subsection (b-1):
35	35	(A) terminate the employee;
36	36	(B) suspend the employee with or without pay; or
37	37	(C) retain the employee for the remainder of the
38	38	school year on an at-will employment basis in a position other than
39	39	a position required to be held by an employee under a contract under
40	40	Section 21.002 [classroom teacher] at the employee's existing rate
41	41	of pay or at a reduced rate; and
42	42	(2) the employee is not entitled to the minimum salary
43	43	prescribed by Section 21.402.
44	44	(b-1) A school district may not terminate or suspend under
45	45	Subsection (b) an employee whose contract is void under Subsection
46	46	(a)(1) or (2) because the employee failed to renew or extend the
47	47	employee's certificate or permit if the employee:
48	48	(1) requests an extension from the State Board for
49	49	Educator Certification to renew, extend, or otherwise validate the
50	50	employee's certificate or permit; and
51	51	(2) not later than the 10th day after the date the
52	52	contract is void, takes necessary measures to renew, extend, or
53	53	otherwise validate the employee's certificate or permit, as
54	54	determined by the State Board for Educator Certification.
55	55	SECTION 2. Subsection (a), Section 21.103, Education Code,
56	56	is amended to read as follows:
57	57	(a) The board of trustees of a school district may terminate
58	58	the employment of a teacher employed under a probationary contract
59	59	at the end of the contract period if in the board's judgment the
60	60	best interests of the district will be served by terminating the
61	61	employment. The board of trustees must give notice of its decision
62	62	to terminate the employment to the teacher not later than the 10th
63	63	[45th] day before the last day of instruction required under the
64	64	contract. The board's decision is final and may not be appealed.
65	65	SECTION 3. Subsection (a), Section 21.105, Education Code,
66	66	is amended to read as follows:
67	67	(a) A teacher employed under a probationary contract for the
68	68	following school year may relinquish the position and leave the
69	69	employment of the district at the end of a school year without
70	70	penalty by filing with the board of trustees or its designee a
71	71	written resignation not later than the 30th [45th] day before the
72	72	first day of instruction of the following school year. A written
73	73	resignation mailed by prepaid certified or registered mail to the
74	74	president of the board of trustees or the board's designee at the
75	75	post office address of the district is considered filed at the time
76	76	of mailing.
77	77	SECTION 4. Section 21.157, Education Code, is amended to
78	78	read as follows:
79	79	Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. (a) A
80	80	teacher employed under a continuing contract may be released at the
81	81	end of a school year and the teacher's employment with the school
82	82	district terminated at that time because of:
83	83	(1) a necessary reduction of personnel by the school
84	84	district; or
85	85	(2) a program change that requires a reduction in
86	86	personnel[, with those reductions made in the reverse order of
87	87	seniority in the specific teaching fields].
88	88	(b) Notwithstanding Subsection (a)(1), a teacher employed
89	89	under a continuing contract may not be released as described by that
90	90	subdivision for a school year in which the district is authorized to
91	91	implement a furlough program under Section 21.4021 or reduce
92	92	salaries under Section 21.4022 unless the district has taken action
93	93	under either or both of those sections to achieve the greatest
94	94	savings in salary costs permitted by Section 21.4022.
95	95	SECTION 5. Subsection (a), Section 21.160, Education Code,
96	96	is amended to read as follows:
97	97	(a) A teacher employed under a continuing contract may
98	98	relinquish the position and leave the employment of the district at
99	99	the end of a school year without penalty by filing with the board of
100	100	trustees or its designee a written resignation not later than the
101	101	30th [45th] day before the first day of instruction of the following
102	102	school year. A written resignation mailed by prepaid certified or
103	103	registered mail to the president of the board of trustees or the
104	104	board's designee at the post office address of the district is
105	105	considered filed at time of mailing.
106	106	SECTION 6. Subsection (a), Section 21.206, Education Code,
107	107	is amended to read as follows:
108	108	(a) Not later than the 10th [45th] day before the last day of
109	109	instruction in a school year, the board of trustees shall notify in
110	110	writing each teacher whose contract is about to expire whether the
111	111	board proposes to renew or not renew the contract.
112	112	SECTION 7. Subsection (a), Section 21.210, Education Code,
113	113	is amended to read as follows:
114	114	(a) A teacher employed under a term contract with a school
115	115	district may relinquish the teaching position and leave the
116	116	employment of the district at the end of a school year without
117	117	penalty by filing a written resignation with the board of trustees
118	118	or the board's designee not later than the 30th [45th] day before
119	119	the first day of instruction of the following school year. A
120	120	written resignation mailed by prepaid certified or registered mail
121	121	to the president of the board of trustees or the board's designee at
122	122	the post office address of the district is considered filed at the
123	123	time of mailing.
124	124	SECTION 8. Section 21.211, Education Code, is amended by
125	125	amending Subsection (a) and adding Subsection (a-1) to read as
126	126	follows:
127	127	(a) The board of trustees may terminate a term contract and
128	128	discharge a teacher at any time for:
129	129	(1) good cause as determined by the board; [or]
130	130	(2) a financial exigency that requires a reduction in
131	131	personnel; or
132	132	(3) a program change that requires a reduction in
133	133	personnel.
134	134	(a-1) Notwithstanding Subsection (a)(2), the board of
135	135	trustees may not terminate a term contract as described by that
136	136	subdivision for a school year in which the district is authorized to
137	137	implement a furlough program under Section 21.4021 or reduce
138	138	salaries under Section 21.4022 unless the district has taken action
139	139	under either or both of those sections to achieve the greatest
140	140	savings in salary costs permitted by Section 21.4022.
141	141	SECTION 9. Subchapter I, Chapter 21, Education Code, is
142	142	amended by adding Sections 21.4021, 21.4022, and 21.4023 to read as
143	143	follows:
144	144	Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section
145	145	21.401 and subject to Sections 21.4022 and 21.4023, the board of
146	146	trustees of a school district may, in accordance with district
147	147	policy, implement a furlough program and reduce the number of days
148	148	of service otherwise required under Section 21.401 by not more than
149	149	six days of service during a school year if the commissioner
150	150	certifies in accordance with Section 42.009 that the district will
151	151	be provided with less state and local funding for that year than was
152	152	provided to the district for the 2010-2011 school year.
153	153	(b) Notwithstanding Section 21.402 but subject to Section
154	154	21.4022, the board of trustees may reduce the salary of an employee
155	155	who is furloughed in proportion to the number of days by which
156	156	service is reduced, provided that the furlough program is
157	157	implemented in compliance with this section.
158	158	(c) A furlough program must subject all contract personnel
159	159	to the same number of furlough days, except that, for purposes of
160	160	providing professional development, the board of trustees may
161	161	exempt from furloughs or subject to a lesser number of required
162	162	furlough days contract personnel assigned to a campus that:
163	163	(1) does not satisfy performance standards under
164	164	Section 39.054(e); or
165	165	(2) satisfies performance standards under Section
166	166	39.054(e) for the current school year but would not satisfy
167	167	performance standards under Section 39.054(e) if the standards to
168	168	be used for the following year were applied to the current year.
169	169	(d) An educator may not be furloughed on a day that is
170	170	included in the number of days of instruction required under
171	171	Section 25.081.
172	172	(e) An educator may not use personal, sick, or any other
173	173	paid leave while the educator is on a furlough.
174	174	(f) A furlough imposed under this section does not
175	175	constitute a break in service for purposes of the Teacher
176	176	Retirement System of Texas.
177	177	(g) Implementation of a furlough program may not result in
178	178	an increase in the number of required teacher workdays.
179	179	(h) If a board of trustees adopts a furlough program after
180	180	the date by which a teacher must give notice of resignation under
181	181	Section 21.105, 21.160, or 21.210, as applicable, a teacher who
182	182	subsequently resigns is not subject to sanctions imposed by the
183	183	State Board for Educator Certification as otherwise authorized by
184	184	those sections.
185	185	(i) A decision by the board of trustees to implement a
186	186	furlough program:
187	187	(1) is final and may not be appealed; and
188	188	(2) does not create a cause of action or require
189	189	collective bargaining.
190	190	Sec. 21.4022. SALARY REDUCTION. (a) Notwithstanding
191	191	Section 21.402 or any other law, but subject to Section 21.4023, a
192	192	school district may, if authorized by the board of trustees, reduce
193	193	for a school year the monthly salary of contract personnel employed
194	194	by the district during the 2010-2011 school year if the
195	195	commissioner certifies in accordance with Section 42.009 that the
196	196	district will be provided with less state and local funding for that
197	197	year than was provided to the district for the 2010-2011 school
198	198	year.
199	199	(b) A salary reduction may be achieved through a reduction
200	200	associated with a furlough as provided by Section 21.4021, through
201	201	a reduction not associated with a furlough, or through a
202	202	combination of those reductions.
203	203	(c) A school district may not, through the cumulative effect
204	204	of actions described by Subsection (b), reduce an employee's salary
205	205	received for the 2010-2011 school year by more than the percentage
206	206	by which the district's state and local funding is reduced for the
207	207	applicable school year, as certified by the commissioner under
208	208	Section 42.009.
209	209	(d) For purposes of this section, an employee's salary does
210	210	not include any stipends provided by the district to the employee.
211	211	(e) A decision by the board of trustees to authorize a
212	212	salary reduction:
213	213	(1) is final and may not be appealed; and
214	214	(2) does not create a cause of action or require
215	215	collective bargaining.
216	216	Sec. 21.4023. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH
217	217	PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a) The board of
218	218	trustees of a school district may not implement a furlough program
219	219	under Section 21.4021 or reduce salaries in accordance with Section
220	220	21.4022 until the district has complied with this section.
221	221	(b) A school district must use a process to develop a
222	222	furlough program or other salary reduction proposal, as applicable,
223	223	that:
224	224	(1) includes the involvement of the district's
225	225	professional staff; and
226	226	(2) provides district employees with the opportunity
227	227	to express opinions regarding the furlough program or salary
228	228	reduction proposal, as applicable, at the public meeting required
229	229	by Subsection (c).
230	230	(c) The board of trustees must hold a public meeting at
231	231	which the board and school district administration present:
232	232	(1) information regarding the options considered for
233	233	managing the district's available resources, including
234	234	consideration of a tax rate increase and use of the district's
235	235	available fund balance; and
236	236	(2) an explanation of how the district intends,
237	237	through implementation of a furlough program under Section 21.4021
238	238	or through other salary reductions authorized under Section
239	239	21.4022, as applicable, to limit the number of district employees
240	240	who will be discharged or whose contracts will not be renewed.
241	241	(d) Any explanation of a furlough program under Subsection
242	242	(c)(2) must state the specific number of furlough days proposed to
243	243	be required.
244	244	(e) The public and school district employees must be
245	245	provided with an opportunity to comment at the public meeting
246	246	required under Subsection (c).
247	247	SECTION 10. Subsection (c), Section 28.021, Education Code,
248	248	is amended to read as follows:
249	249	(c) In determining promotion under Subsection (a), a school
250	250	district shall consider:
251	251	(1) the recommendation of the student's teacher;
252	252	(2) the student's grade in each subject or course;
253	253	(3) the student's score on an assessment instrument
254	254	administered under Section 39.023(a), (b), or (l), to the extent
255	255	applicable; and
256	256	(4) any other necessary academic information, as
257	257	determined by the district.
258	258	SECTION 11. Section 28.0211, Education Code, is amended by
259	259	adding Subsections (c-1), (o), and (p) and amending Subsection (f)
260	260	to read as follows:
261	261	(c-1) Accelerated instruction required under Subsection (c)
262	262	after a student fails to perform satisfactorily on an assessment
263	263	instrument a third time is not required to commence until the
264	264	beginning of the next school year.
265	265	(f) A school district shall provide to a student who, after
266	266	three attempts, has failed to perform satisfactorily on an
267	267	assessment instrument specified under Subsection (a) accelerated
268	268	instruction commencing at the beginning of [during] the next school
269	269	year as prescribed by an educational plan developed for the student
270	270	by the student's grade placement committee established under
271	271	Subsection (c). The district shall provide that accelerated
272	272	instruction regardless of whether the student has been promoted or
273	273	retained. The educational plan must be designed to enable the
274	274	student to perform at the appropriate grade level by the conclusion
275	275	of the school year. During the school year, the student shall be
276	276	monitored to ensure that the student is progressing in accordance
277	277	with the plan. The district shall administer to the student the
278	278	assessment instrument for the grade level in which the student is
279	279	placed at the time the district regularly administers the
280	280	assessment instruments for that school year.
281	281	(o) This section does not require the administration of a
282	282	fifth or eighth grade assessment instrument in a subject under
283	283	Section 39.023(a) to a student enrolled in the fifth or eighth
284	284	grade, as applicable, if the student:
285	285	(1) is enrolled in a course in the subject for which
286	286	the student will receive high school academic credit; and
287	287	(2) will be administered an end-of-course assessment
288	288	instrument adopted under Section 39.023(c) for the course.
289	289	(p) Notwithstanding any other provision of this section, a
290	290	student described by Subsection (o) may not be denied promotion on
291	291	the basis of failure to perform satisfactorily on an assessment
292	292	instrument not required to be administered to the student in
293	293	accordance with that subsection.
294	294	SECTION 12. Subsection (a), Section 38.101, Education Code,
295	295	is amended to read as follows:
296	296	(a) Except as provided by Subsection (b), a school district
297	297	annually shall assess the physical fitness of students enrolled in
298	298	grade three or higher in a course that satisfies the curriculum
299	299	requirements for physical education under Section 28.002(a)(2)(C)
300	300	[grades 3 through 12].
301	301	SECTION 13. Section 39.023, Education Code, is amended by
302	302	amending Subsection (a) and adding Subsection (a-2) to read as
303	303	follows:
304	304	(a) The agency shall adopt or develop appropriate
305	305	criterion-referenced assessment instruments designed to assess
306	306	essential knowledge and skills in reading, writing, mathematics,
307	307	social studies, and science. Except as provided by Subsection
308	308	(a-2), all [All] students, other than [except] students assessed
309	309	under Subsection (b) or (l) or exempted under Section 39.027, shall
310	310	be assessed in:
311	311	(1) mathematics, annually in grades three through
312	312	seven without the aid of technology and in grade eight with the aid
313	313	of technology on any assessment instrument that includes algebra;
314	314	(2) reading, annually in grades three through eight;
315	315	(3) writing, including spelling and grammar, in grades
316	316	four and seven;
317	317	(4) social studies, in grade eight;
318	318	(5) science, in grades five and eight; and
319	319	(6) any other subject and grade required by federal
320	320	law.
321	321	(a-2) A student is not required to be assessed in a subject
322	322	otherwise assessed at the student's grade level under Subsection
323	323	(a) if the student:
324	324	(1) is enrolled in a course in the subject for which
325	325	the student will receive high school academic credit; and
326	326	(2) will be administered an end-of-course assessment
327	327	instrument adopted under Subsection (c) for the course.
328	328	SECTION 14. Section 39.025, Education Code, is amended by
329	329	adding Subsection (e-1) to read as follows:
330	330	(e-1) Nothing in this section has the effect of prohibiting
331	331	the administration of an end-of-course assessment instrument
332	332	listed in Section 39.023(c) to a student enrolled below the high
333	333	school level who is enrolled in the course for which the assessment
334	334	instrument is adopted. The commissioner shall adopt rules
335	335	necessary to ensure that the student's performance on the
336	336	assessment instrument is considered in the same manner for purposes
337	337	of this section as the performance of a student enrolled at the high
338	338	school level.
339	339	SECTION 15. Section 39.053, Education Code, is amended by
340	340	adding Subsection (d-1) to read as follows:
341	341	(d-1) In aggregating results of assessment instruments
342	342	across grade levels by subject in accordance with Subsection
343	343	(c)(1), the performance of a student enrolled below the high school
344	344	level on an assessment instrument required under Section 39.023(c)
345	345	is included with results relating to other students enrolled at the
346	346	same grade level.
347	347	SECTION 16. Section 39.082, Education Code, is amended by
348	348	adding Subsection (d) to read as follows:
349	349	(d) The commissioner may not use the system developed under
350	350	this section to evaluate:
351	351	(1) a district during a school year for which the
352	352	commissioner certifies in accordance with Section 42.009 that the
353	353	district will be provided with less state and local funding than was
354	354	provided to the district for the 2010-2011 school year; or
355	355	(2) an open-enrollment charter school during a school
356	356	year for which the commissioner determines in a manner comparable
357	357	to the process described in Section 42.009 that the school will be
358	358	provided with less state and local funding than was provided to the
359	359	school for the 2010-2011 school year.
360	360	SECTION 17. Section 39.0822, Education Code, is amended by
361	361	adding Subsection (f) to read as follows:
362	362	(f) The agency may not review a district using the process
363	363	developed under this section during a school year for which the
364	364	commissioner certifies in accordance with Section 42.009 that the
365	365	district will be provided with less state and local funding than was
366	366	provided to the district for the 2010-2011 school year.
367	367	SECTION 18. Subchapter A, Chapter 42, Education Code, is
368	368	amended by adding Section 42.009 to read as follows:
369	369	Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not
370	370	later than July 1 of each year, the commissioner shall determine for
371	371	each school district whether the estimated amount of state and
372	372	local funding per student in weighted average daily attendance to
373	373	be provided to the district under the Foundation School Program for
374	374	maintenance and operations for the following school year is less
375	375	than the amount provided to the district for the 2010-2011 school
376	376	year. If the amount estimated to be provided is less, the
377	377	commissioner shall certify the percentage decrease in funding to be
378	378	provided to the district.
379	379	(b) In making the determinations regarding funding levels
380	380	required by Subsection (a), the commissioner shall:
381	381	(1) make adjustments as necessary to reflect changes
382	382	in a school district's maintenance and operations tax rate;
383	383	(2) for a district required to take action under
384	384	Chapter 41 to reduce its wealth per student to the equalized wealth
385	385	level, base the determinations on the district's net funding levels
386	386	after deducting any amounts required to be expended by the district
387	387	to comply with Chapter 41; and
388	388	(3) determine a district's weighted average daily
389	389	attendance in accordance with this chapter as it existed on January
390	390	1, 2011.
391	391	SECTION 19. Section 44.004, Education Code, is amended by
392	392	adding Subsection (g-1) to read as follows:
393	393	(g-1) If the rate calculated under Subsection
394	394	(c)(5)(A)(ii)(b) decreases after the publication of the notice
395	395	required by this section, the president is not required to publish
396	396	another notice or call another meeting to discuss and adopt the
397	397	budget and the proposed lower tax rate.
398	398	SECTION 20. Subsection (a), Section 26.05, Tax Code, is
399	399	amended to read as follows:
400	400	(a) The governing body of each taxing unit, before the later
401	401	of September 30 or the 60th day after the date the certified
402	402	appraisal roll is received by the taxing unit, shall adopt a tax
403	403	rate for the current tax year and shall notify the assessor for the
404	404	unit of the rate adopted. The tax rate consists of two components,
405	405	each of which must be approved separately. The components are:
406	406	(1) for a taxing unit other than a school district, the
407	407	rate that, if applied to the total taxable value, will impose the
408	408	total amount published under Section 26.04(e)(3)(C), less any
409	409	amount of additional sales and use tax revenue that will be used to
410	410	pay debt service, or, for a school district, the rate calculated
411	411	[published] under Section 44.004(c)(5)(A)(ii)(b), Education Code;
412	412	and
413	413	(2) the rate that, if applied to the total taxable
414	414	value, will impose the amount of taxes needed to fund maintenance
415	415	and operation expenditures of the unit for the next year.
416	416	SECTION 21. Subsection (a), Section 58.258, Utilities Code,
417	417	is amended to read as follows:
418	418	(a) Notwithstanding the pricing flexibility authorized by
419	419	this subtitle, an electing company's rates for private network
420	420	services may not be increased before January 1, 2014 [2012].
421	421	However, an electing company may increase a rate in accordance with
422	422	the provisions of a customer specific contract.
423	423	SECTION 22. Section 58.268, Utilities Code, is amended to
424	424	read as follows:
425	425	Sec. 58.268. CONTINUATION OF OBLIGATION. Notwithstanding
426	426	any other provision of this title, an electing company shall
427	427	continue to comply with this subchapter until January 1, 2014
428	428	[2012], regardless of:
429	429	(1) the date the company elected under this chapter;
430	430	or
431	431	(2) any action taken in relation to that company under
432	432	Chapter 65.
433	433	SECTION 23. Subsection (a), Section 59.077, Utilities Code,
434	434	is amended to read as follows:
435	435	(a) Notwithstanding the pricing flexibility authorized by
436	436	this subtitle, an electing company's rates for private network
437	437	services may not be increased before January 1, 2014 [2012].
438	438	SECTION 24. Section 59.083, Utilities Code, is amended to
439	439	read as follows:
440	440	Sec. 59.083. CONTINUATION OF OBLIGATION. Notwithstanding
441	441	any other provision of this title, an electing company shall
442	442	continue to comply with this subchapter until January 1, 2014
443	443	[2012], regardless of:
444	444	(1) the date the company elected under this chapter;
445	445	or
446	446	(2) any action taken in relation to that company under
447	447	Chapter 65.
448	448	SECTION 25. The change in law made by Subsection (g-1),
449	449	Section 44.004, Education Code, as added by this Act, applies
450	450	beginning with adoption of a tax rate for the 2011 tax year.
451	451	SECTION 26. This Act takes effect immediately if it
452	452	receives a vote of two-thirds of all the members elected to each
453	453	house, as provided by Section 39, Article III, Texas Constitution.
454	454	If this Act does not receive the vote necessary for immediate
455	455	effect, this Act takes effect September 1, 2011.
456	456	* * * * *