2021S0176-1 03/09/21 By: Hughes S.B. No. 1356 A BILL TO BE ENTITLED AN ACT relating to a program to facilitate public school tutoring by certain teachers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 21, Education Code, is amended by adding Subchapter N to read as follows: SUBCHAPTER N. TUTORING BY CERTAIN TEACHERS Sec. 21.651. NONPROFIT TEACHER ORGANIZATIONS. (a) Subject to Subsection (b), a nonprofit teacher organization may participate in a program, to be overseen by the agency, that facilitates the tutoring of public school students in kindergarten through grade 12 by active or retired certified teachers who are members of the organization. (b) To qualify to participate in the program, the organization must submit an application for approval by the commissioner. Sec. 21.652. FACILITATING TEACHER PARTICIPATION. (a) Each participating nonprofit teacher organization shall inform its members of the tutoring program quarterly. (b) A participating organization shall provide contact information to each member for the member to use to inquire with the agency about offering tutoring. The organization shall also provide information to the member to contact the school district within which the member resides and adjacent school districts. Sec. 21.653. TEACHER CLEARINGHOUSE. (a) The agency shall maintain a clearinghouse of active and retired certified teachers who are eligible to provide tutoring. (b) Teachers who offer to tutor and are not in the clearinghouse must pass a background check to enter the clearinghouse. Sec. 21.654. COMPENSATION. (a) A teacher providing tutoring services under the program may elect to provide those services: (1) for compensation; (2) on a voluntary basis; or (3) for both compensation and on a voluntary basis. (b) Compensation may be provided from any available state or federal funds. Sec. 21.655. DISTRICT PARTICIPATION. (a) Each public school campus shall establish a point of contact to facilitate participation in the program by its school district. (b) If an active or retired certified teacher contacts the school district to offer tutoring services and is eligible under the clearinghouse, the district shall use the teacher for tutoring on campus or online and shall facilitate the scheduling of tutoring services. (c) A teacher may indicate the teacher's preference for conducting tutoring sessions on campus or online. (d) Public school campuses shall work with participating teacher organizations to schedule tutoring sessions in subjects for which their school districts do not have adequate tutoring resources. SECTION 2. Subchapter A, Chapter 821, Government Code, is amended by adding Section 821.011 to read as follows: Sec. 821.011. NOTICE OF THE TEACHER TUTORING PROGRAM. The retirement system shall provide each member information quarterly about the teacher tutoring program established under Subchapter N, Chapter 21, Education Code, and the contact information for the member to inquire about the program with the Texas Education Agency, the school district in which the member resides, and adjacent school districts. SECTION 3. Section 824.602, Government Code, is amended by adding Subsection (c) to read as follows: (c) For purposes of Section 824.601, a retiree serving as a tutor under the teacher tutoring program established under Subchapter N, Chapter 21, Education Code, is not considered to be employed in a Texas public educational institution. SECTION 4. The commissioner of education may adopt rules as necessary to implement Subchapter N, Chapter 21, Education Code, as added by this Act. SECTION 5. This Act takes effect September 1, 2021.