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A BILL TO BE ENTITLED
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AN ACT
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relating to the flexibility of the board of trustees of a school |
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district in the management and operation of public schools in the |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.0031, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) An employee's probationary, continuing, or term |
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contract under this chapter is void if the employee: |
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(1) does not hold a valid certificate or permit issued |
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by the State Board for Educator Certification; [or] |
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(2) fails to fulfill the requirements necessary to |
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renew or extend the employee's temporary, probationary, or |
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emergency certificate or any other certificate or permit issued |
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under Subchapter B; or |
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(3) fails to comply with any requirement under |
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Subchapter C, Chapter 22, if the failure results in suspension or |
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revocation of the employee's certificate under Section |
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22.0831(f)(2). |
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(b) If a school district has knowledge that an [After an
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employee receives notice that the] employee's contract is void |
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under Subsection (a): |
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(1) the [a school] district may, except as provided by |
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Subsection (b-1): |
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(A) terminate the employee; |
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(B) suspend the employee with or without pay; or |
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(C) retain the employee for the remainder of the |
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school year on an at-will employment basis in a position other than |
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a position required to be held by an employee under a contract under |
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Section 21.002 [classroom teacher] at the employee's existing rate |
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of pay or at a reduced rate; and |
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(2) the employee is not entitled to the minimum salary |
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prescribed by Section 21.402. |
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(b-1) A school district may not terminate or suspend under |
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Subsection (b) an employee whose contract is void under Subsection |
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(a)(1) or (2) because the employee failed to renew or extend the |
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employee's certificate or permit if the employee: |
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(1) requests an extension from the State Board for |
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Educator Certification to renew, extend, or otherwise validate the |
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employee's certificate or permit; and |
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(2) not later than the 10th day after the date the |
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contract is void, takes necessary measures to renew, extend, or |
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otherwise validate the employee's certificate or permit, as |
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determined by the State Board for Educator Certification. |
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SECTION 2. Section 21.103(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of a school district may terminate |
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the employment of a teacher employed under a probationary contract |
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at the end of the contract period if in the board's judgment the |
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best interests of the district will be served by terminating the |
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employment. The board of trustees must give notice of its decision |
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to terminate the employment to the teacher not later than the 10th |
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[45th] day before the last day of instruction required under the |
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contract. The board's decision is final and may not be appealed. |
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SECTION 3. Section 21.157, Education Code, is amended to |
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read as follows: |
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Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher |
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employed under a continuing contract may be released at the end of a |
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school year and the teacher's employment with the school district |
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terminated at that time because of a necessary reduction of |
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personnel by the school district[, with those reductions made in
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the reverse order of seniority in the specific teaching fields]. |
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SECTION 4. Section 21.206(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the 10th [45th] day before the last day of |
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instruction in a school year, the board of trustees shall notify in |
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writing each teacher whose contract is about to expire whether the |
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board proposes to renew or not renew the contract. |
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SECTION 5. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.4021 to read as follows: |
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Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section |
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21.401, the board of trustees of a school district may, in |
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accordance with district policy, implement a furlough program and |
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reduce the number of days of service otherwise required under |
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Section 21.401 by not more than six days of service during a school |
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year if the commissioner certifies in accordance with Section |
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42.009 that the district will be provided with less state and local |
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funding for that year than was provided to the district for the |
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2010-2011 school year. |
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(b) Notwithstanding Section 21.402, the board of trustees |
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may reduce the salary of an employee who is furloughed in proportion |
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to the number of days by which service is reduced, provided that the |
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furlough program is implemented in compliance with this section. |
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(c) An educator may not be furloughed on a day that is |
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included in the number of days of instruction required under |
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Section 25.081. |
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(d) An educator may not use personal, sick, or any other |
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paid leave while the educator is on a furlough. |
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(e) A furlough imposed under this section does not |
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constitute a break in service for purposes of the Teacher |
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Retirement System of Texas. |
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(f) Implementation of a furlough program may not result in |
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an increase in the number of required teacher workdays. |
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(g) If a board of trustees adopts a furlough program after |
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the date by which a teacher must give notice of resignation under |
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Section 21.105, 21.160, or 21.210, as applicable, a teacher who |
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subsequently resigns is not subject to sanctions imposed by the |
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State Board for Educator Certification as otherwise authorized by |
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those sections. |
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(h) A decision by the board of trustees to implement a |
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furlough program: |
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(1) is final and may not be appealed; and |
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(2) does not create a cause of action or require |
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collective bargaining. |
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SECTION 6. Section 38.101(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), a school district |
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annually shall assess the physical fitness of students enrolled in |
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grade three or higher in a course that satisfies the curriculum |
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requirements for physical education under Section 28.002(a)(2)(C) |
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[grades 3 through 12]. |
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SECTION 7. Subchapter A, Chapter 42, Education Code, is |
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amended by adding Section 42.009 to read as follows: |
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Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not |
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later than July 1 of each year, the commissioner shall determine for |
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each school district whether the estimated amount of state and |
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local funding per student in weighted average daily attendance to |
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be provided to the district under the Foundation School Program for |
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maintenance and operations for the following school year is less |
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than the amount provided to the district for the 2010-2011 school |
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year. If the amount estimated to be provided is less, the |
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commissioner shall certify the percentage decrease in funding to be |
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provided to the district. |
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(b) In making the determinations regarding funding levels |
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required by Subsection (a), the commissioner shall: |
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(1) make adjustments as necessary to reflect changes |
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in a school district's maintenance and operations tax rate; |
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(2) for a district required to take action under |
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Chapter 41 to reduce its wealth per student to the equalized wealth |
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level, base the determinations on the district's net funding levels |
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after deducting any amounts required to be expended by the district |
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to comply with Chapter 41; and |
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(3) determine a district's weighted average daily |
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attendance in accordance with this chapter as it existed on January |
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1, 2011. |
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SECTION 8. Section 21.402(d), Education Code, is repealed. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |