By: Callegari H.B. No. 31
A BILL TO BE ENTITLED
AN ACT
relating to school district personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 12.133(b), (b-1), (c), and (d-1),
Education Code, are amended to read as follows:
(b) Each school year, using state funds received by the
charter holder for that purpose under Subsection (d), a charter
holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, and full-time school
nurses who are employed by the charter holder [and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district,] in an amount at least equal to $2,500.
(b-1) Using state funds received by the charter holder for
that purpose under Subsection (d-1), a charter holder that
participated in the program under Chapter 1579, Insurance Code, for
the 2005-2006 school year shall provide employees of the charter
holder, other than administrators, compensation in the form of
annual salaries, incentives, or other compensation determined
appropriate by the charter holder that results in average
compensation increases as follows:
(1) for full-time employees other than full-time
classroom teachers, full-time librarians, full-time counselors,
and full-time nurses [employees who would be entitled to a minimum
salary under Section 21.402 if employed by a school district], an
average increase at least equal to $500; and
(2) for part-time employees, an average increase at
least equal to $250.
(c) Each school year, using state funds received by the
charter holder for that purpose under Subsection (e), a charter
holder that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, and full-time school
nurses who are employed by the charter holder [and who would be
entitled to a minimum salary under Section 21.402 if employed by a
school district,] in an amount at least equal to $2,000.
(d-1) In addition to any amounts to which a charter holder
is entitled under this chapter, a charter holder that participated
in the program under Chapter 1579, Insurance Code, for the
2005-2006 school year is entitled to state aid in an amount, as
determined by the commissioner, equal to the sum of:
(1) the product of $500 multiplied by the number of
full-time employees other than full-time classroom teachers,
full-time librarians, full-time counselors, and full-time nurses
[employees who would be entitled to a minimum salary under Section
21.402 if employed by a school district]; and
(2) the product of $250 multiplied by the number of
part-time employees.
SECTION 2. Section 19.007(f), Education Code, is amended to
read as follows:
(f) In addition to other amounts received by the district
under this section, the district is entitled to state aid in an
amount equal to the product of $2,000 multiplied by the number of
classroom teachers, full-time librarians, full-time counselors
certified under Subchapter B, Chapter 21, and full-time school
nurses who are employed by the district [and who would be entitled
to a minimum salary under Section 21.402 if employed by a school
district operating under Chapter 11].
SECTION 3. Section 19.009(d-1), Education Code, is amended
to read as follows:
(d-1) Each school year, the district shall pay an amount at
least equal to $2,000 to each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B,
Chapter 21, and full-time school nurse who is employed by the
district [and who would be entitled to a minimum salary under
Section 21.402 if employed by a school district operating under
Chapter 11]. A payment under this section is in addition to wages
the district would otherwise pay the employee during the school
year.
SECTION 4. Section 21.0031(b), Education Code, is amended
to read as follows:
(b) After an employee receives notice that the employee's
contract is void under Subsection (a),[:
[(1)] a school district may:
(1) [(A)] terminate the employee;
(2) [(B)] suspend the employee with or without pay; or
(3) [(C)] retain the employee for the remainder of the
school year on an at-will employment basis in a position other than
classroom teacher at the employee's existing rate of pay or at a
reduced rate[; and
[(2) the employee is not entitled to the minimum
salary prescribed by Section 21.402].
SECTION 5. Section 21.103(a), Education Code, is amended to
read as follows:
(a) The board of trustees of a school district may terminate
the employment of a teacher employed under a probationary contract
at the end of the contract period if in the board's judgment the
best interests of the district will be served by terminating the
employment. The board of trustees must give notice of its decision
to terminate the employment to the teacher not later than the [45th]
15th day before the last day of instruction required under the
contract. The notice must be delivered personally to the teacher or
mailed by regular mail or prepaid certified mail or by an express
delivery service to the teacher's address of record with the
district. Notice that is mailed in accordance with this subsection
is considered given at the time of mailing. The board's decision is
final and may not be appealed.
SECTION 6. Section 21.157, Education Code, is amended to
read as follows:
Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher
employed under a continuing contract may be released at the end of a
school year and the teacher's employment with the school district
terminated at that time because of a necessary reduction of
personnel by the school district[, with tho
se reductions made in
the reverse order of seniority in the specific teaching fields].
SECTION 7. Section 21.206(a), Education Code, is amended to
read as follows:
(a) Not later than the [45th] 15th day before the last day of
instruction in a school year, the board of trustees shall notify in
writing each teacher whose contract is about to expire whether the
board proposes to renew or not renew the contract. The notice must
be delivered personally to the teacher or mailed by regular mail or
prepaid certified mail or by an express delivery service to the
teacher's address of record with the district. Notice that is
mailed in accordance with this subsection is considered given at
the time of mailing.
SECTION 8. Section 21.401, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) Except as provided by Subsection (e), an [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.
(d) Subsections (a) and (b) do not apply to a contract
between a school district and an educational diagnostician.
(e) Notwithstanding any other provision in this Code, the
board of trustees of a school district may reduce the length of
service required under an educator contract if the board has
determined that a decrease in state funds available per weighted
student necessitates a reduction in the length of the instructional
year or in the number of days of service required by the educator.
The board may reduce the length of service by up to seven
instructional days, non-instructional days, or a combination of the
two. The salary of the educator may be reduced by an amount
corresponding to the reduction in length of service.
SECTION 9. Section 22.003(a)(1), Education Code, is amended
to read as follows:
(a) A state minimum personal leave program consisting of
five days per year personal leave with no limit on accumulation and
transferable among districts shall be provided for school district
employees. School districts may provide additional personal leave
beyond this minimum. The board of trustees of a school district may
adopt a policy governing an employee's use of personal leave
granted under this subsection, except that the policy may not
restrict:
(1) the purposes for which the leave may be used,
except that the board by local policy may restrict the use of state
personal leave on days designated for furloughs under Section
21.401, Education Code; or
(2) the order in which an employee may use the state
minimum personal leave and any additional personal leave provided
by the school district.
SECTION 10. Section 25.081, Education Code, is amended by
to read as follows:
(a) Except as authorized under Subsections (b) and (c) 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.
(b) The commissioner may approve the instruction of
students for fewer than the number of days required under
Subsection (a) if disaster, flood, extreme weather conditions, fuel
curtailment, or another calamity causes the closing of schools.
(c) If the board of trustees of a school district has
determined that a decrease in state funds available per weighted
student necessitates a reduction in the instructional year, the
board may reduce the number of days of instruction required under
Subsection (a). The board may adjust educator contracts as
provided at Section 21.401(e).
SECTION 11. Section 21.402(d), Education Code, is repealed.
SECTION 12. This Act takes effect October 1, 2011.