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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 21.051, Education Code, is amended to |
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read as follows: |
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Sec. 21.051. RULES REGARDING FIELD-BASED EXPERIENCE AND |
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OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS. (a) In this |
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section, "teacher of record" means a person employed by a school |
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district who teaches the majority of the instructional day in an |
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academic instructional setting and is responsible for evaluating |
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student achievement and assigning grades. |
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(b) Before a school district may employ a candidate for |
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certification as a teacher of record, the candidate must complete |
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at least 15 hours of field-based experience in which the candidate |
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is actively engaged in instructional or educational activities |
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under supervision at: |
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(1) a public school campus accredited or approved for |
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the purpose by the agency; or |
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(2) a private school recognized or approved for the |
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purpose by the agency. |
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(c) Subsection (b) applies only to an initial certification |
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issued on or after September 1, 2012. Subsection (b) does not |
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affect: |
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(1) the validity of a certification issued before |
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September 1, 2012; or |
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(2) the eligibility of a person who holds a |
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certification issued before September 1, 2012, to obtain a |
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subsequent renewal of the certification in accordance with board |
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rule. |
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(d) Subsection (b) does not affect the period within which |
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an individual must complete field-based experience hours as |
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determined by board rule if the individual is not accepted into an |
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educator preparation program before the deadline prescribed by |
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board rule and is hired for a teaching assignment by a school |
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district after the deadline prescribed by board rule. |
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(e) The board shall propose rules relating to the |
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field-based experience required by Subsection (b). The |
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commissioner by rule shall adopt procedures and standards for |
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recognizing a private school under Subsection (b)(2). |
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(f) The board shall propose rules providing flexible |
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options for persons for any field-based [field] experience or |
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internship required for certification. |
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SECTION 3. Subsection (a), Section 21.103, Education Code, |
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is amended to 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 notice must be delivered personally by hand delivery |
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to the teacher on the campus at which the teacher is employed, |
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except that if the teacher is not present on the campus on the date |
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that hand delivery is attempted, the notice must be mailed by |
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prepaid certified mail or delivered by express delivery service to |
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the teacher's address of record with the district. Notice that is |
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postmarked on or before the 10th day before the last day of |
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instruction is considered timely given under this subsection. The |
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board's decision is final and may not be appealed. |
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SECTION 4. Subsection (b), Section 21.104, Education Code, |
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is amended to read as follows: |
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(b) In lieu of discharge or pending discharge, a school |
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district may suspend a teacher without pay for good cause as |
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specified by Subsection (a) for a period not to extend beyond the |
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end of the current school year. |
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SECTION 5. Subchapter C, Chapter 21, Education Code, is |
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amended by adding Section 21.1041 to read as follows: |
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Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A |
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teacher is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.104; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board of trustees of the |
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district, if the teacher is protesting proposed action to terminate |
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a probationary contract before the end of the contract period on the |
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basis of a financial exigency declared under Section 44.011 that |
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requires a reduction in personnel. |
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SECTION 6. Subsection (b), Section 21.156, Education Code, |
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is amended to read as follows: |
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(b) In lieu of discharge or pending discharge, a school |
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district may suspend a teacher without pay for good cause as |
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specified by Subsection (a) for a period not to extend beyond the |
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end of the current school year. |
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SECTION 7. 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 |
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primarily based upon teacher appraisals administered under Section |
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21.352 [in the reverse order of seniority] in the specific teaching |
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fields and other criteria as determined by the board. |
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SECTION 8. Subsection (b), Section 21.159, Education Code, |
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is amended to read as follows: |
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(b) A teacher who notifies the board of trustees within the |
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time prescribed by Subsection (a) is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.156; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board, if the teacher is |
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protesting proposed action under Section 21.157 or proposed action |
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to terminate a term contract at any time on the basis of a financial |
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exigency declared under Section 44.011 that requires a reduction in |
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personnel. |
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SECTION 9. Subsection (a), Section 21.206, Education Code, |
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is amended to 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. The notice must |
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be delivered personally by hand delivery to the teacher on the |
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campus at which the teacher is employed, except that if the teacher |
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is not present on the campus on the date that hand delivery is |
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attempted, the notice must be mailed by prepaid certified mail or |
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delivered by express delivery service to the teacher's address of |
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record with the district. Notice that is postmarked on or before |
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the 10th day before the last day of instruction is considered timely |
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given under this subsection. |
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SECTION 10. Section 21.207, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(a) If the teacher desires a hearing after receiving notice |
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of the proposed nonrenewal, the teacher shall notify the board of |
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trustees in writing not later than the 15th day after the date the |
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teacher receives hand delivery of the notice of the proposed |
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action, or if the notice is mailed by prepaid certified mail or |
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delivered by express delivery service, not later than the 15th day |
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after the date the notice is delivered to the teacher's address of |
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record with the district. The board shall provide for a hearing to |
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be held not later than the 15th day after the date the board |
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receives the request for a hearing unless the parties agree in |
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writing to a different date. The hearing must be closed unless the |
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teacher requests an open hearing. |
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(b-1) Notwithstanding any other provision of this code, |
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this subsection applies only to a school district with an |
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enrollment of at least 5,000 students. The board of trustees may |
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designate an attorney licensed to practice law in this state to hold |
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the hearing on behalf of the board, to create a hearing record for |
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the board's consideration and action, and to recommend an action to |
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the board. The attorney serving as the board's designee may not be |
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employed by a school district and neither the designee nor a law |
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firm with which the designee is associated may be serving as an |
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agent or representative of a school district, of a teacher in a |
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dispute between a district and a teacher, or of an organization of |
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school employees, school administrators, or school boards of |
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trustees. Not later than the 15th day after the completion of the |
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hearing under this subsection, the board's designee shall provide |
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to the board a record of the hearing and the designee's |
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recommendation of whether the contract should be renewed or not |
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renewed. The board shall consider the record of the hearing and the |
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designee's recommendation at the first board meeting for which |
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notice can be posted in compliance with Chapter 551, Government |
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Code, following the receipt of the record and recommendation from |
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the board's designee, unless the parties agree in writing to a |
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different date. At the meeting, the board shall consider the |
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hearing record and the designee's recommendation and allow each |
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party to present an oral argument to the board. The board by |
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written policy may limit the amount of time for oral argument. The |
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policy must provide equal time for each party. The board may obtain |
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advice concerning legal matters from an attorney who has not been |
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involved in the proceedings. The board may accept, reject, or |
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modify the designee's recommendation. The board shall notify the |
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teacher in writing of the board's decision not later than the 15th |
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day after the date of the meeting. |
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(c) At the hearing before the board or the board's designee, |
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the teacher may: |
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(1) be represented by a representative of the |
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teacher's choice; |
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(2) hear the evidence supporting the reason for |
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nonrenewal; |
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(3) cross-examine adverse witnesses; and |
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(4) present evidence. |
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SECTION 11. Section 21.212, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) On the basis of a financial exigency declared under |
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Section 44.011 that requires a reduction in personnel, the board of |
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trustees of a school district may choose to amend the terms of the |
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contract of a superintendent employed under a term contract. A |
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superintendent whose contract is amended under this subsection may |
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resign without penalty by providing reasonable notice to the board |
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and may continue employment for that notice period under the prior |
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contract. |
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SECTION 12. Section 21.251, Education Code, is amended to |
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read as follows: |
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Sec. 21.251. APPLICABILITY. (a) This subchapter applies |
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if a teacher requests a hearing after receiving notice of the |
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proposed decision to: |
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(1) terminate the teacher's continuing contract at any |
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time, except as provided by Subsection (b)(3); |
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(2) terminate the teacher's probationary or term |
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contract before the end of the contract period, except as provided |
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by Subsection (b)(3); or |
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(3) suspend the teacher without pay. |
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(b) This subchapter does not apply to: |
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(1) a decision to terminate a teacher's employment at |
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the end of a probationary contract; [or] |
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(2) a decision not to renew a teacher's term contract, |
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unless the board of trustees of the employing district has decided |
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to use the process prescribed by this subchapter for that purpose; |
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or |
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(3) a decision, on the basis of a financial exigency |
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declared under Section 44.011 that requires a reduction in |
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personnel, to terminate a probationary or term contract before the |
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end of the contract period or to terminate a continuing contract at |
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any time, unless the board of trustees has decided to use the |
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process prescribed by this subchapter for that purpose. |
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SECTION 13. Section 21.257, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A determination by the hearing examiner regarding |
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good cause for the suspension of a teacher without pay or the |
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termination of a probationary, continuing, or term contract is a |
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conclusion of law and may be adopted, rejected, or changed by the |
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board of trustees or board subcommittee as provided by Section |
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21.259(b). |
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SECTION 14. Subsection (b), Section 21.259, Education Code, |
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is amended to read as follows: |
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(b) The board of trustees or board subcommittee may adopt, |
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reject, or change the hearing examiner's: |
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(1) conclusions of law, including a determination |
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regarding good cause for suspension without pay or termination; or |
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(2) proposal for granting relief. |
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SECTION 15. Subsection (a), Section 21.402, Education Code, |
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is amended to read as follows: |
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(a) Except as provided by Subsection [(d),] (e)[,] or (f), a |
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school district must pay each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, or |
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full-time school nurse not less than the minimum monthly salary, |
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based on the employee's level of experience in addition to other |
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factors, as determined by commissioner rule, determined by the |
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following formula: |
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MS = SF x FS |
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where: |
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"MS" is the minimum monthly salary; |
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"SF" is the applicable salary factor specified by Subsection |
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(c); and |
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"FS" is the amount, as determined by the commissioner under |
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Subsection (b), of state and local funds per weighted student, |
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including funds provided under Section 42.2516, available to a |
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district eligible to receive state assistance under Section 42.302 |
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with a maintenance and operations tax rate per $100 of taxable value |
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equal to the product of the state compression percentage, as |
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determined under Section 42.2516, multiplied by $1.50, except that |
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the amount of state and local funds per weighted student does not |
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include the amount attributable to the increase in the guaranteed |
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level made by Chapter 1187, Acts of the 77th Legislature, Regular |
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Session, 2001. |
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SECTION 16. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Sections 21.4021, 21.4022, and 21.4032 to read as |
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follows: |
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Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section |
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21.401 and subject to Section 21.4022, the board of trustees of a |
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school district may, in accordance with district policy, implement |
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a furlough program and reduce the number of days of service |
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otherwise required under Section 21.401 by not more than six days of |
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service during a school year if the commissioner certifies in |
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accordance with Section 42.009 that the district will be provided |
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with less state and local funding for that year than was provided to |
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the district for the 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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(b-1) A furlough program must subject all contract |
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personnel to the same number of furlough days. |
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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. A furlough day does not constitute a |
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day of service for purposes of the Teacher Retirement System of |
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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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(i) Any reduction under this section in the amount of the |
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annual salary paid to an employee must be equally distributed over |
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the course of the employee's current contract with the school |
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district. |
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Sec. 21.4022. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH |
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PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a) The board of |
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trustees of a school district may not implement a furlough program |
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under Section 21.4021 or reduce salaries until the district has |
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complied with this section. |
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(b) A school district must use a process to develop a |
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furlough program or other salary reduction proposal, as applicable, |
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that: |
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(1) includes the involvement of the district's |
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professional staff; and |
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(2) provides district employees with the opportunity |
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to express opinions regarding the furlough program or salary |
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reduction proposal, as applicable, at the public meeting required |
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by Subsection (c). |
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(c) The board of trustees must hold a public meeting at |
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which the board and school district administration present: |
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(1) information regarding the options considered for |
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managing the district's available resources, including |
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consideration of a tax rate increase and use of the district's |
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available fund balance; |
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(2) an explanation of how the district intends, |
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through implementation of a furlough program under Section 21.4021 |
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or through other salary reductions, as applicable, to limit the |
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number of district employees who will be discharged or whose |
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contracts will not be renewed; and |
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(3) information regarding the local option residence |
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homestead exemption. |
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(d) Any explanation of a furlough program under Subsection |
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(c)(2) must state the specific number of furlough days proposed to |
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be required. |
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(e) The public and school district employees must be |
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provided with an opportunity to comment at the public meeting |
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required under Subsection (c). |
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Sec. 21.4032. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS |
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AND ADMINISTRATORS. (a) This section applies only to a widespread |
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reduction in the amount of the annual salaries paid to school |
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district classroom teachers based primarily on district financial |
|
conditions rather than on teacher performance. |
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(b) For any school year in which a school district has |
|
reduced the amount of the annual salaries paid to district |
|
classroom teachers from the amount paid for the preceding school |
|
year, the district shall reduce the amount of the annual salary paid |
|
to each district administrator or other professional employee by a |
|
percent or fraction of a percent that is equal to the average |
|
percent or fraction of a percent by which teacher salaries have been |
|
reduced. |
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SECTION 17. Subsection (a), Section 38.101, 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) |
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[grades 3 through 12]. |
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SECTION 18. 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 |
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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 19. Subchapter A, Chapter 44, Education Code, is |
|
amended by adding Section 44.011 to read as follows: |
|
Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of |
|
trustees of a school district may adopt a resolution declaring a |
|
financial exigency for the district. The declaration expires at |
|
the end of the fiscal year during which the declaration is made |
|
unless the board adopts a resolution before the end of the fiscal |
|
year declaring continuation of the financial exigency for the |
|
following fiscal year. |
|
(b) The board is not limited in the number of times the board |
|
may adopt a resolution declaring continuation of the financial |
|
exigency. |
|
(c) A board may terminate a financial exigency declaration |
|
at any time if the board considers it appropriate. |
|
(d) Each time the board adopts a resolution under this |
|
section, the board must notify the commissioner. The commissioner |
|
by rule shall prescribe the time and manner in which notice must be |
|
given to the commissioner under this subsection. |
|
(e) The commissioner by rule shall adopt minimum standards |
|
concerning school district financial conditions that must exist for |
|
declaration of a financial exigency by the board of trustees of the |
|
district. |
|
(f) The commissioner may use emergency rulemaking |
|
procedures to adopt rules under Subsection (e). This subsection |
|
expires September 1, 2013. |
|
SECTION 20. Subchapter F, Chapter 552, Government Code, is |
|
amended by adding Section 552.2661 to read as follows: |
|
Sec. 552.2661. CHARGE FOR COPY OF PUBLIC INFORMATION |
|
PROVIDED BY SCHOOL DISTRICT. A school district that receives a |
|
request to produce public information for inspection or publication |
|
or to produce copies of public information in response to a |
|
requestor who, within the preceding 180 days, has accepted but |
|
failed to pay written itemized statements of estimated charges from |
|
the district as provided under Section 552.261(b) may require the |
|
requestor to pay the estimated charges for the request before the |
|
request is fulfilled. |
|
SECTION 21. The following provisions of the Education Code |
|
are repealed: |
|
(1) Section 12.1331; |
|
(2) Subsection (d), Section 21.402; and |
|
(3) Subsections (b) and (c), Section 33.902. |
|
SECTION 22. On or before January 1, 2012, the State Board |
|
for Educator Certification shall propose rules relating to educator |
|
certification as prescribed by Section 21.051, Education Code, as |
|
amended by this Act. |
|
SECTION 23. The changes in law made by this Act apply only |
|
to a hearing examiner's determination regarding good cause that is |
|
contained in a written recommendation under Section 21.257, |
|
Education Code, issued on or after the effective date of this Act. |
|
SECTION 24. 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. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 8 passed the Senate on |
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June 6, 2011, by the following vote: Yeas 18, Nays 12; |
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June 20, 2011, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; June 21, 2011, |
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House granted request of the Senate; June 27, 2011, Senate adopted |
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Conference Committee Report by the following vote: Yeas 19, |
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Nays 11. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 8 passed the House, with |
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amendments, on June 16, 2011, by the following vote: Yeas 88, |
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Nays 55, one present not voting; June 21, 2011, House granted |
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request of the Senate for appointment of Conference Committee; |
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June 27, 2011, House adopted Conference Committee Report by the |
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following vote: Yeas 80, Nays 63, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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Date |
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______________________________ |
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Governor |