| 1 | 1 | | 87S20244 JES-D |
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| 2 | 2 | | By: Goodwin H.B. No. 245 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to personal leave provided for a public school teacher who |
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| 8 | 8 | | must isolate due to exposure to or testing positive for certain |
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| 9 | 9 | | diseases. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 22.003(c-1), Education Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (c-1) Any informational handbook a school district provides |
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| 14 | 14 | | to employees in an electronic or paper form or makes available by |
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| 15 | 15 | | posting on the district website must include notification of an |
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| 16 | 16 | | employee's rights under Subsection (b) and Section 22.0031 in the |
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| 17 | 17 | | relevant section of the handbook. Any form used by a school |
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| 18 | 18 | | district through which an employee may request leave under this |
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| 19 | 19 | | section must include assault leave under Subsection (b) and |
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| 20 | 20 | | disaster leave under Section 22.0031 as options [an option]. |
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| 21 | 21 | | SECTION 2. Subchapter A, Chapter 22, Education Code, is |
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| 22 | 22 | | amended by adding Section 22.0031 to read as follows: |
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| 23 | 23 | | Sec. 22.0031. DISASTER LEAVE FOR CLASSROOM TEACHERS. (a) |
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| 24 | 24 | | In addition to all other days of leave provided by Section 22.003 or |
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| 25 | 25 | | by the school district, a classroom teacher employed by a school |
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| 26 | 26 | | district who: |
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| 27 | 27 | | (1) is subject to federal, state, or local regulations |
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| 28 | 28 | | requiring isolation due to exposure to or testing positive for the |
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| 29 | 29 | | coronavirus disease (COVID-19) or another disease that is the basis |
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| 30 | 30 | | for a disaster declared by the governor under Section 418.014, |
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| 31 | 31 | | Government Code, and is unable to perform the employee's job duties |
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| 32 | 32 | | remotely, including because the teacher is experiencing symptoms of |
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| 33 | 33 | | the disease, is entitled to not less than the number of days of |
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| 34 | 34 | | leave for compensation necessary to comply with an order to isolate |
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| 35 | 35 | | following the exposure to the disease or positive test result; or |
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| 36 | 36 | | (2) tests positive for a disease described by |
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| 37 | 37 | | Subdivision (1) but who is not subject to an order to isolate, is |
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| 38 | 38 | | entitled to not less than the number of days of leave for |
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| 39 | 39 | | compensation necessary to meet guidelines for isolation following a |
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| 40 | 40 | | positive test result for that disease established by the Centers |
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| 41 | 41 | | for Disease Control and Prevention or by a state or local health |
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| 42 | 42 | | authority. |
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| 43 | 43 | | (b) Days of leave taken under this section may not be |
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| 44 | 44 | | deducted from accrued personal leave or leave that the employee is |
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| 45 | 45 | | entitled to under the Family and Medical Leave Act of 1993 (29 |
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| 46 | 46 | | U.S.C. Section 2601 et seq.). |
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| 47 | 47 | | (c) The commissioner shall reimburse each school district |
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| 48 | 48 | | for the costs incurred by the district to provide a substitute |
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| 49 | 49 | | teacher or otherwise replace a classroom teacher who takes disaster |
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| 50 | 50 | | leave under this section. |
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| 51 | 51 | | (d) In providing reimbursement under Subsection (c), the |
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| 52 | 52 | | commissioner shall prioritize money received by the agency under |
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| 53 | 53 | | the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted |
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| 54 | 54 | | in note, 20 U.S.C. Section 3401). |
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| 55 | 55 | | (e) A school district shall reimburse a classroom teacher |
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| 56 | 56 | | who used personal leave between August 1, 2021, and December 31, |
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| 57 | 57 | | 2021, the number of days of leave required to be taken by that |
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| 58 | 58 | | teacher to isolate following exposure to or a positive test result |
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| 59 | 59 | | for the coronavirus disease (COVID-19). |
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| 60 | 60 | | (f) The commissioner shall reimburse each school district |
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| 61 | 61 | | the costs incurred between August 1, 2021, and December 31, 2021, to |
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| 62 | 62 | | provide a substitute teacher or otherwise replace a classroom |
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| 63 | 63 | | teacher who was required to take leave to isolate following |
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| 64 | 64 | | exposure to or a positive test result for the coronavirus disease |
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| 65 | 65 | | (COVID-19). In providing reimbursement under this subsection, the |
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| 66 | 66 | | commissioner shall prioritize money received by the agency under |
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| 67 | 67 | | the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, reprinted |
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| 68 | 68 | | in note, 20 U.S.C. Section 3401). |
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| 69 | 69 | | (g) Subsections (d), (e), and (f) and this subsection expire |
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| 70 | 70 | | January 1, 2023. |
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| 71 | 71 | | SECTION 3. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect on the 91st day after the last day of the |
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| 76 | 76 | | legislative session. |
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