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  82S10031 VOO-D
 
  By: Shapiro S.B. No. 8
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the flexibility of the board of trustees of a school
  district in the management and operation of public schools in the
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.0031, Education Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (b-1) to
  read as follows:
         (a)  An employee's probationary, continuing, or term
  contract under this chapter is void if the employee:
               (1)  does not hold a valid certificate or permit issued
  by the State Board for Educator Certification; [or]
               (2)  fails to fulfill the requirements necessary to
  renew or extend the employee's temporary, probationary, or
  emergency certificate or any other certificate or permit issued
  under Subchapter B; or
               (3)  fails to comply with any requirement under
  Subchapter C, Chapter 22, if the failure results in suspension or
  revocation of the employee's certificate under Section
  22.0831(f)(2).
         (b)  If a school district has knowledge that an [After an
  employee receives notice that the] employee's contract is void
  under Subsection (a):
               (1)  the [a school] district may, except as provided by
  Subsection (b-1):
                     (A)  terminate the employee;
                     (B)  suspend the employee with or without pay; or
                     (C)  retain the employee for the remainder of the
  school year on an at-will employment basis in a position other than
  a position required to be held by an employee under a contract under
  Section 21.002 [classroom teacher] at the employee's existing rate
  of pay or at a reduced rate; and
               (2)  the employee is not entitled to the minimum salary
  prescribed by Section 21.402.
         (b-1)  A school district may not terminate or suspend under
  Subsection (b) an employee whose contract is void under Subsection
  (a)(1) or (2) because the employee failed to renew or extend the
  employee's certificate or permit if the employee:
               (1)  requests an extension from the State Board for
  Educator Certification to renew, extend, or otherwise validate the
  employee's certificate or permit; and
               (2)  not later than the 10th day after the date the
  contract is void, takes necessary measures to renew, extend, or
  otherwise validate the employee's certificate or permit, as
  determined by the State Board for Educator Certification.
         SECTION 2.  Section 21.103(a), Education Code, is amended to
  read as follows:
         (a)  The board of trustees of a school district may terminate
  the employment of a teacher employed under a probationary contract
  at the end of the contract period if in the board's judgment the
  best interests of the district will be served by terminating the
  employment. The board of trustees must give notice of its decision
  to terminate the employment to the teacher not later than the 10th
  [45th] day before the last day of instruction required under the
  contract.  The board's decision is final and may not be appealed.
  SECTION 3.  Section 21.157, Education Code, is amended to
  read as follows:
         Sec. 21.157.  NECESSARY REDUCTION OF PERSONNEL.  A teacher
  employed under a continuing contract may be released at the end of a
  school year and the teacher's employment with the school district
  terminated at that time because of a necessary reduction of
  personnel by the school district[, with those reductions made in
  the reverse order of seniority in the specific teaching fields].
         SECTION 4.  Section 21.206(a), Education Code, is amended to
  read as follows:
         (a)  Not later than the 10th [45th] day before the last day of
  instruction in a school year, the board of trustees shall notify in
  writing each teacher whose contract is about to expire whether the
  board proposes to renew or not renew the contract.
         SECTION 5.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.4021 to read as follows:
         Sec. 21.4021.  FURLOUGHS. (a) Notwithstanding Section
  21.401, the board of trustees of a school district may, in
  accordance with district policy, implement a furlough program and
  reduce the number of days of service otherwise required under
  Section 21.401 by not more than six days of service during a school
  year if the commissioner certifies in accordance with Section
  42.009 that the district will be provided with less state and local
  funding for that year than was provided to the district for the
  2010-2011 school year.
         (b)  Notwithstanding Section 21.402, the board of trustees
  may reduce the salary of an employee who is furloughed in proportion
  to the number of days by which service is reduced, provided that the
  furlough program is implemented in compliance with this section.
         (c)  An educator may not be furloughed on a day that is
  included in the number of days of instruction required under
  Section 25.081.
         (d)  An educator may not use personal, sick, or any other
  paid leave while the educator is on a furlough.
         (e)  A furlough imposed under this section does not
  constitute a break in service for purposes of the Teacher
  Retirement System of Texas.
         (f)  Implementation of a furlough program may not result in
  an increase in the number of required teacher workdays.
         (g)  If a board of trustees adopts a furlough program after
  the date by which a teacher must give notice of resignation under
  Section 21.105, 21.160, or 21.210, as applicable, a teacher who
  subsequently resigns is not subject to sanctions imposed by the
  State Board for Educator Certification as otherwise authorized by
  those sections.
         (h)  A decision by the board of trustees to implement a
  furlough program:
               (1)  is final and may not be appealed; and
               (2)  does not create a cause of action or require
  collective bargaining.
         SECTION 6.  Section 38.101(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b), a school district
  annually shall assess the physical fitness of students enrolled in
  grade three or higher in a course that satisfies the curriculum
  requirements for physical education under Section 28.002(a)(2)(C) 
  [grades 3 through 12].
         SECTION 7.  Subchapter A, Chapter 42, Education Code, is
  amended by adding Section 42.009 to read as follows:
         Sec. 42.009.  DETERMINATION OF FUNDING LEVELS. (a) Not
  later than July 1 of each year, the commissioner shall determine for
  each school district whether the estimated amount of state and
  local funding per student in weighted average daily attendance to
  be provided to the district under the Foundation School Program for
  maintenance and operations for the following school year is less
  than the amount provided to the district for the 2010-2011 school
  year. If the amount estimated to be provided is less, the
  commissioner shall certify the percentage decrease in funding to be
  provided to the district.
         (b)  In making the determinations regarding funding levels
  required by Subsection (a), the commissioner shall:
               (1)  make adjustments as necessary to reflect changes
  in a school district's maintenance and operations tax rate;
               (2)  for a district required to take action under
  Chapter 41 to reduce its wealth per student to the equalized wealth
  level, base the determinations on the district's net funding levels
  after deducting any amounts required to be expended by the district
  to comply with Chapter 41; and
               (3)  determine a district's weighted average daily
  attendance in accordance with this chapter as it existed on January
  1, 2011.
         SECTION 8.  Section 21.402(d), Education Code, is repealed.
         SECTION 9.  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 on the 91st day after the last day of the
  legislative session.