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A BILL TO BE ENTITLED
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AN ACT
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relating to school district personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 12.133(b), (b-1), (c), and (d-1), |
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Education Code, are amended to read as follows: |
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(b) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (d), a charter |
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holder that participated in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,500. |
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(b-1) Using state funds received by the charter holder for |
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that purpose under Subsection (d-1), a charter holder that |
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participated in the program under Chapter 1579, Insurance Code, for |
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the 2005-2006 school year shall provide employees of the charter |
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holder, other than administrators, compensation in the form of |
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annual salaries, incentives, or other compensation determined |
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appropriate by the charter holder that results in average |
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compensation increases as follows: |
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(1) for full-time employees other than full-time |
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classroom teachers, full-time librarians, full-time counselors, |
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and full-time nurses [employees who would be entitled to a minimum
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salary under Section 21.402 if employed by a school district], an |
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average increase at least equal to $500; and |
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(2) for part-time employees, an average increase at |
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least equal to $250. |
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(c) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (e), a charter |
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holder that did not participate in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,000. |
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(d-1) In addition to any amounts to which a charter holder |
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is entitled under this chapter, a charter holder that participated |
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in the program under Chapter 1579, Insurance Code, for the |
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2005-2006 school year is entitled to state aid in an amount, as |
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determined by the commissioner, equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time employees other than full-time classroom teachers, |
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full-time librarians, full-time counselors, and full-time nurses |
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[employees who would be entitled to a minimum salary under Section
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21.402 if employed by a school district]; and |
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(2) the product of $250 multiplied by the number of |
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part-time employees. |
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SECTION 2. Section 19.007(f), Education Code, is amended to |
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read as follows: |
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(f) In addition to other amounts received by the district |
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under this section, the district is entitled to state aid in an |
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amount equal to the product of $2,000 multiplied by the number of |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, and full-time school |
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nurses who are employed by the district [and who would be entitled
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to a minimum salary under Section 21.402 if employed by a school
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district operating under Chapter 11]. |
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SECTION 3. Section 19.009(d-1), Education Code, is amended |
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to read as follows: |
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(d-1) Each school year, the district shall pay an amount at |
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least equal to $2,000 to each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, |
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Chapter 21, and full-time school nurse who is employed by the |
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district [and who would be entitled to a minimum salary under
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Section 21.402 if employed by a school district operating under
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Chapter 11]. A payment under this section is in addition to wages |
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the district would otherwise pay the employee during the school |
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year. |
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SECTION 4. Section 21.0031(b), Education Code, is amended |
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to read as follows: |
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(b) After an employee receives notice that the employee's |
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contract is void under Subsection (a),[:
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[(1)] a school district may: |
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(1) [(A)] terminate the employee; |
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(2) [(B)] suspend the employee with or without pay; or |
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(3) [(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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classroom teacher at the employee's existing rate of pay or at a |
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reduced rate[; and
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[(2)
the employee is not entitled to the minimum
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salary prescribed by Section 21.402]. |
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SECTION 5. 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 [45th] |
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15th day before the last day of instruction required under the |
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contract. The notice must be delivered personally to the teacher or |
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mailed by regular mail or prepaid certified mail or by an express |
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delivery service to the teacher's address of record with the |
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district. Notice that is mailed in accordance with this subsection |
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is considered given at the time of mailing. The board's decision is |
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final and may not be appealed. |
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SECTION 6. 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 tho
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se reductions made in
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the reverse order of seniority in the specific teaching fields]. |
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SECTION 7. 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 [45th] 15th 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. The notice must |
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be delivered personally to the teacher or mailed by regular mail or |
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prepaid certified mail or by an express delivery service to the |
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teacher's address of record with the district. Notice that is |
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mailed in accordance with this subsection is considered given at |
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the time of mailing. |
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SECTION 8. Section 21.401, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) Except as provided by Subsection (e), an [An] educator |
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employed under a 10-month contract must provide a minimum of 187 |
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days of service. |
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(c) The commissioner, as provided by Section 25.081(b), may |
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reduce the number of days of service required by this section. A |
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reduction by the commissioner does not reduce an educator's salary. |
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(d) Subsections (a) and (b) do not apply to a contract |
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between a school district and an educational diagnostician. |
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(e) Notwithstanding any other provision in this Code, the |
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board of trustees of a school district may reduce the length of |
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service required under an educator contract if the board has |
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determined that a decrease in state funds available per weighted |
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student necessitates a reduction in the length of the instructional |
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year or in the number of days of service required by the educator. |
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The board may reduce the length of service by up to seven |
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instructional days, non-instructional days, or a combination of the |
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two. The salary of the educator may be reduced by an amount |
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corresponding to the reduction in length of service. |
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SECTION 9. Section 22.003(a)(1), Education Code, is amended |
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to read as follows: |
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(a) A state minimum personal leave program consisting of |
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five days per year personal leave with no limit on accumulation and |
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transferable among districts shall be provided for school district |
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employees. School districts may provide additional personal leave |
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beyond this minimum. The board of trustees of a school district may |
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adopt a policy governing an employee's use of personal leave |
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granted under this subsection, except that the policy may not |
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restrict: |
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(1) the purposes for which the leave may be used, |
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except that the board by local policy may restrict the use of state |
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personal leave on days designated for furloughs under Section |
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21.401, Education Code; or |
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(2) the order in which an employee may use the state |
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minimum personal leave and any additional personal leave provided |
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by the school district. |
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SECTION 10. Section 25.081, Education Code, is amended by |
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to read as follows: |
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(a) Except as authorized under Subsections (b) and (c) of |
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this section, Section 25.084, or Section 29.0821, for each school |
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year each school district must operate so that the district |
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provides for at least 180 days of instruction for students. |
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(b) The commissioner may approve the instruction of |
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students for fewer than the number of days required under |
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Subsection (a) if disaster, flood, extreme weather conditions, fuel |
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curtailment, or another calamity causes the closing of schools. |
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(c) If the board of trustees of a school district has |
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determined that a decrease in state funds available per weighted |
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student necessitates a reduction in the instructional year, the |
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board may reduce the number of days of instruction required under |
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Subsection (a). The board may adjust educator contracts as |
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provided at Section 21.401(e). |
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SECTION 11. Section 21.402(d), Education Code, is repealed. |
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SECTION 12. This Act takes effect October 1, 2011. |