By: Hughes S.B. No. 1356
(In the Senate - Filed March 10, 2021; March 18, 2021, read
first time and referred to Committee on Education; April 19, 2021,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 11, Nays 0; April 19, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1356 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the participation by members of nonprofit teacher
organizations in a tutoring program for public school students and
related retirement benefits for certain tutors participating in the
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.092(d), Education Code, is amended to
read as follows:
(d) The agency shall provide [private schools and public
schools] equivalent access to the registry maintained under this
section to:
(1) private schools;
(2) public schools; and
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913.
SECTION 2. Subchapter Z, Chapter 33, Education Code, is
amended by adding Section 33.913 to read as follows:
Sec. 33.913. TUTORING PROGRAM. (a) A member of a nonprofit
teacher organization may participate in a tutoring program in
accordance with this section to provide supplemental instruction to
students in kindergarten through grade 12 on an individualized or
small-group basis.
(b) To participate in the program as a tutor, a person must:
(1) be an active or retired teacher;
(2) apply for the position in a manner specified by the
nonprofit organization;
(3) designate in the application whether the person
plans to provide tutoring:
(A) for compensation, on a volunteer basis, or
both; and
(B) in-person, online, or both; and
(4) not be included in the registry of persons not
eligible for employment by a public school under Section 22.092.
(c) Each school district superintendent or the person
designated by the superintendent shall oversee the tutoring program
within the district.
(d) A school district may use any available state or federal
funds to provide compensation to a person participating in the
program as a tutor who is providing tutoring for compensation under
the program.
(e) If an active or retired teacher who has been approved
for participation in the tutoring program contacts a school
district to provide tutoring to students in the district, the
district shall:
(1) if the teacher is providing tutoring services on a
volunteer basis, use the volunteer tutoring services provided by
the teacher; or
(2) if the district has state or federal funds for
purposes of the tutoring program and the teacher is providing
tutoring services for compensation, employ the teacher as a tutor.
(f) At least quarterly, each nonprofit organization
participating in the tutoring program shall provide to the
organization's members:
(1) a description of the tutoring program and guidance
on how to participate in the program; and
(2) the contact information of each person described
by Subsection (c) for the school district in which the member
resides and any adjacent districts.
SECTION 3. Section 824.602(a), Government Code, is amended
to read as follows:
(a) Subject to Section 825.506, the retirement system may
not, under Section 824.601, withhold a monthly benefit payment if
the retiree is employed in a Texas public educational institution:
(1) as a substitute only with pay not more than the
daily rate of substitute pay established by the employer and, if the
retiree is a disability retiree, the employment has not exceeded a
total of 90 days in the school year;
(2) in a position, other than as a substitute, on no
more than a one-half time basis for the month;
(3) in one or more positions on as much as a full-time
basis, if the retiree has been separated from service with all Texas
public educational institutions for at least 12 full consecutive
months after the retiree's effective date of retirement; [or]
(4) in a position, other than as a substitute, on no
more than a one-half time basis for no more than 90 days in the
school year, if the retiree is a disability retiree; or
(5) as a tutor under Section 33.913, Education Code.
SECTION 4. Subchapter G, Chapter 825, Government Code, is
amended by adding Section 825.604 to read as follows:
Sec. 825.604. INFORMATION PROVIDED TO MEMBERS. The
retirement system shall regularly provide information in an
electronic format to members and retirees regarding the tutoring
program established under Section 33.913, Education Code, that
includes:
(1) general information regarding the tutoring
program; and
(2) a statement directing members and retirees who
want to participate in the tutoring program to contact their local
school districts for further guidance.
SECTION 5. (a) Subject to Subsection (b) of this section,
the changes in law made by this Act apply to a retiree of the Teacher
Retirement System of Texas regardless of whether the person retired
from employment before, on, or after the effective date of this Act.
(b) Section 824.602(a), Government Code, as amended by this
Act, applies only to the employment of a retiree of the Teacher
Retirement System of Texas that occurs on or after the effective
date of this Act.
SECTION 6. This Act applies beginning with the 2021-2022
school year.
SECTION 7. 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, 2021.
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