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  82R7634 CAS-D
 
  By: Guillen H.B. No. 1326
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorization to operate school districts on the basis
  of a four-day instructional week.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.081, Education Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as authorized under [Subsection (b) of] this
  section, Section 25.084, or Section 29.0821, for each school year
  each school district must operate so that the district provides for
  at least 180 days of instruction for students.
         (c)  In accordance with this subsection, a school district
  may operate so that during the school year the district provides
  four days of instruction for students per week. A district that
  operates under this subsection may choose to forgo providing
  regular instruction for students during the school year from Friday
  through Sunday or from Saturday through Monday. Notwithstanding
  Section 25.082, the district shall extend the school day at each
  district school so that the average length of a school day is at
  least 8.5 hours.  The amount of state funding to which a district is
  entitled is not affected by the district's operation in accordance
  with this subsection. The district shall, in the time and manner
  required by commissioner rule, notify the commissioner of the
  district's intention to operate in accordance with this subsection.  
  The commissioner shall adopt any other rules necessary for the
  administration of this subsection.
         SECTION 2.  Section 21.401(c), Education Code, is amended to
  read as follows:
         (c)  The commissioner, as provided by Section 25.081(b), may
  reduce the number of days of service required by this section. The
  commissioner shall reduce the number of days of service required by
  this section for an educator employed by a school district
  operating in accordance with Section 25.081(c) so that the number
  of days of service required is in proportion to the number of days
  of instruction provided by the district for the school year. A
  reduction by the commissioner under this subsection does not reduce
  an educator's salary.
         SECTION 3.  Section 42.005(a), Education Code, is amended to
  read as follows:
         (a)  In this chapter, average daily attendance is:
               (1)  the quotient of the sum of attendance for each day
  of the minimum number of days of instruction as described under
  Section 25.081(a) divided by the minimum number of days of
  instruction;
               (2)  for a district that operates under a flexible year
  program under Section 29.0821, the quotient of the sum of
  attendance for each actual day of instruction as permitted by
  Section 29.0821(b)(1) divided by the number of actual days of
  instruction as permitted by Section 29.0821(b)(1); [or]
               (3)  for a district that operates under a flexible
  school day program under Section 29.0822, the average daily
  attendance as calculated by the commissioner in accordance with
  Section 29.0822(d); or
               (4)  for a district that operates on the basis of a
  reduced number of days of instruction and a longer school day under
  Section 25.081(c), the quotient of the sum of attendance for each
  day of instruction provided under Section 25.081(c) divided by the
  number of days of instruction provided under Section 25.081(c).
         SECTION 4.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 5.  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, 2011.