S.B. No. 1356
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 or a person who is not a member but meets the
requirements under Subsection (b) 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) The superintendent or chief executive officer of each
school district or open-enrollment charter school or the person
designated by the superintendent or chief executive officer shall:
(1) oversee the tutoring program within the district
or school; and
(2) not later than the last day of each semester,
submit a report to the board of trustees of the district or the
governing body of the school that includes, with respect to that
semester:
(A) the number of active or retired teachers who
contacted the district or school to offer tutoring services to
students in the district or school; and
(B) the number of active or retired teachers who
were used by the district or school as a tutor on a volunteer basis
or employed by the district or school to provide tutoring services
for compensation.
(d) A school district or open-enrollment charter school may
use any available local, 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 or open-enrollment charter school to provide tutoring to
students in the district or school and the district or school needs
tutoring assistance, the district or school may:
(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 or school has local, 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, any open-enrollment charter schools located within that
district, and any adjacent districts.
(g) This section does not create a cause of action or
liability or an obligation or duty that provides a basis for a cause
of action or liability against a nonprofit teacher organization
approved by the commissioner for the purpose of participating in
the tutoring program for any action taken by a member of the
organization participating in the program as a tutor.
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 or open-enrollment charter schools 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1356 passed the Senate on
April 23, 2021, by the following vote: Yeas 31, Nays 0;
May 25, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2021, House
granted request of the Senate; May 30, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1356 passed the House, with
amendments, on May 24, 2021, by the following vote: Yeas 141,
Nays 1, one present not voting; May 27, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 29, 2021, House adopted Conference Committee Report by the
following vote: Yeas 138, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor