Bill Text: TX SB1011 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to measures to mitigate the effects of a disaster on public schools, including personal leave provided for certain public school employees, the temporary suspension of certain accountability determinations and promotion or graduation criteria, the calculation of average daily attendance for the 2020-2021 school year, and a study on methods to reduce truancy rates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Education [SB1011 Detail]

Download: Texas-2021-SB1011-Introduced.html
  87R7030 MM-D
 
  By: Hinojosa S.B. No. 1011
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to measures to mitigate the effects of a disaster on public
  schools, including personal leave provided for certain public
  school employees, the temporary suspension of certain
  accountability determinations and promotion or graduation
  criteria, the calculation of average daily attendance for the
  2020-2021 school year, and a study on methods to reduce truancy
  rates.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.003, Education Code, is amended by
  adding Subsections (a-1) and (a-2) and amending Subsection (c-1) to
  read as follows:
         (a-1)  In addition to all other days of leave provided by
  this section or by a school district or open-enrollment charter
  school, an employee of a school district or open-enrollment charter
  school who tests positive for a disease that is the basis for a
  disaster declared by the governor under Section 418.014, Government
  Code, for all or part of the state is entitled to not less than 14
  days of leave for compensation following the positive test result.
  Days of leave taken under this subsection may not be deducted from
  accrued personal leave or leave that the employee is entitled to
  under the Family and Medical Leave Act of 1993 (29 U.S.C. Section
  2601 et seq.). 
         (a-2)  In addition to all other days of leave provided by
  this section or by a school district or open-enrollment charter
  school, an employee employed by a school district or
  open-enrollment charter school for the 2021-2022 school year who
  was also employed by the district or school for the 2020-2021 school
  year is entitled to the number of days of leave, not to exceed 14
  days, equal to the number of days during the 2020-2021 school year
  for which the employee used leave due to testing positive for the
  coronavirus disease (COVID-19). This subsection expires September
  1, 2022. 
         (c-1)  Any informational handbook a school district provides
  to employees in an electronic or paper form or makes available by
  posting on the district website must include notification of an
  employee's rights under Subsections (a-1) and [Subsection] (b) in
  the relevant section of the handbook. Any form used by a school
  district through which an employee may request leave under this
  section must include disaster leave under Subsection (a-1) and
  assault leave under Subsection (b) as options [an option].
         SECTION 2.  Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.0239 to read as follows:
         Sec. 39.0239.  TEMPORARY SUSPENSION OF CERTAIN
  ACCOUNTABILITY MEASURES DURING DISASTER. Notwithstanding other
  law, for any school year in which a school district's operations,
  including in-person attendance, are disrupted as a result of a
  disaster declared by the governor under Chapter 418, Government
  Code, the commissioner may not consider the results of any
  assessment instruments administered under Section 39.023 to
  students enrolled in the district during that school year for
  purposes of:
               (1)  evaluating school district or campus performance
  under this chapter for the affected district for that school year,
  including in determining:
                     (A)  the performance rating to assign to the
  district or the district's campuses under Section 39.054; or
                     (B)  whether to impose any intervention or
  sanction authorized by Chapter 39A after that school year on the
  district or the district's campuses; or
               (2)  determining a student's qualification for
  promotion or graduation.
         SECTION 3.  Section 48.005, Education Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  Notwithstanding other law, for the 2020-2021 school
  year, each school district or open-enrollment charter school shall
  be funded on the basis of the greater of the average daily
  attendance in the district or school for the 2019-2020 school year
  or the 2020-2021 school year. This subsection expires September 1,
  2023.
         SECTION 4.  (a) The commissioner of education shall
  establish a task force to study methods to reduce the rates of
  truancy in public schools in this state.
         (b)  The commissioner of education shall appoint members of
  the task force. The task force must include one or more:
               (1)  representatives from the Texas Education Agency;
               (2)  justices of the peace;
               (3)  public school officials;
               (4)  parents of public school students; and
               (5)  public school teachers.
         (c)  The task force shall prepare a written report that
  includes:
               (1)  a description of the activities of the task force;
               (2)  an analysis of truancy rates in the state,
  including the impact of disasters on truancy rates, and methods to
  reduce those rates;
               (3)  recommendations for legislative or other action;
  and
               (4)  any other matters the task force considers
  appropriate.
         (d)  Not later than June 1, 2022, the task force shall submit
  the written report to the governor, lieutenant governor, chairs of
  the standing legislative committees with primary jurisdiction over
  public education, and commissioner of education.
         (e)  This section expires September 1, 2023.
         SECTION 5.  (a) Section 22.003, Education Code, as amended
  by this Act, applies beginning with the 2021-2022 school year.
         (b)  Section 39.0239, Education Code, as added by this Act,
  applies beginning with assessment instruments administered during
  the 2020-2021 school year.
         SECTION 6.  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, 2021.
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