By Hernandez                                    H.B. No. 1573

      75R5402 CAS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public school employees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 7.055, Education Code, is amended by

 1-5     adding Subsection (c) to read as follows:

 1-6           (c)  The commissioner shall prescribe a uniform system of

 1-7     forms, reports, and records under Subsection (a)(4) in a manner

 1-8     that provides for simplifying and reducing the number and length of

 1-9     the written reports the agency requires from school districts and

1-10     school district employees.

1-11           SECTION 2.  Subchapter C, Chapter 7, Education Code, is

1-12     amended by adding Sections 7.058 and 7.059 to read as follows:

1-13           Sec. 7.058.  REVIEW OF WRITTEN REPORTS.  (a)  Biennially, the

1-14     commissioner shall conduct a comprehensive review of all of the

1-15     written reports required from school districts and school district

1-16     employees in an effort to reduce the number and length of reports.

1-17           (b)  Not later than January 15 of each odd-numbered year, the

1-18     commissioner shall report to the legislature the number of written

1-19     reports required of school districts and school district employees,

1-20     the length of each of those reports, and any effort made to reduce

1-21     reporting requirements.

1-22           Sec. 7.059.  TIME-MANAGEMENT IMPROVEMENT PLAN AWARDS.  (a)

1-23     The commissioner shall develop and implement a program to evaluate

1-24     and reward school districts and school campuses for time-management

 2-1     improvement plans developed under Section 21.404(c).

 2-2           (b)  A district- or campus-level planning and decision-making

 2-3     committee under Subchapter F, Chapter 11, may nominate a school

 2-4     district or school campus for an award.  In making the nomination,

 2-5     the committee shall use the procedure and form prescribed by the

 2-6     commissioner.

 2-7           (c)  The commissioner may use not more than $25 million each

 2-8     year from funds appropriated for that purpose to distribute to

 2-9     districts and campuses that have earned awards under this section.

2-10           SECTION 3.  Section 21.401, Education Code, is amended to

2-11     read as follows:

2-12           Sec. 21.401.  MINIMUM SERVICE REQUIRED.  (a)  A contract

2-13     between a school district and an educator must be for a minimum of

2-14     10 months' service.

2-15           (b)  An educator employed under a 10-month contract must

2-16     provide a minimum number of days of service as determined by the

2-17     following formula:

2-19     where:

2-20           "M D S" is the minimum number of days of service;

2-21           "R1" is equal to FSP/ADA as determined under Section 21.402

2-22     for the fiscal year;  and

2-23           "R2" is equal to FSP/ADA as determined under Section 21.402

2-24     for the 1994-1995 school year.

2-25           (c)  The result of the formula prescribed by Subsection (b)

2-26     shall be rounded to the nearest whole number.

2-27           (d)  If the minimum number of days of service for a school

 3-1     year is increased over the minimum number of days of service for

 3-2     the preceding school year, the number of days of increase must be

 3-3     used in equal proportion for additional days of staff development

 3-4     and teacher preparation.  For each succeeding school year, days

 3-5     added for staff development and teacher preparation purposes under

 3-6     this subsection shall continue to be used for those purposes.

 3-7           (e)  The commissioner, as provided by Section 25.081(b), may

 3-8     reduce the number of days of service required by this section.  A

 3-9     reduction by the commissioner does not reduce an educator's salary.

3-10           SECTION 4.  Subchapter I, Chapter 21, is amended by adding

3-11     Section 21.4011 to read as follows:

3-12           Sec. 21.4011.  MAXIMUM WORK DAY.  (a)  Except as provided by

3-13     Subsection (b), a work day for a teacher is 30 minutes longer than

3-14     the school day established under Section 25.082.

3-15           (b)  A school district may not require a teacher to attend

3-16     more than one school-related meeting or other activity each week

3-17     beyond the teacher work day unless the district compensates the

3-18     teacher for the time spent on the activity.  The teacher shall be

3-19     compensated for the time based on a proportionate amount of the

3-20     teacher's daily rate of pay.  For purposes of this section, a

3-21     teacher's daily rate of pay is the quotient of the teacher's salary

3-22     for a school year divided by the number of days of service for that

3-23     year as determined under Section 21.401.

3-24           SECTION 5.  Section 21.404, Education Code, is amended to

3-25     read as follows:

3-26           Sec. 21.404.  PLANNING AND PREPARATION [TIME].  (a)  Each

3-27     classroom teacher is entitled to at least 450 minutes within each

 4-1     two-week period for instructional preparation, including

 4-2     parent-teacher conferences, evaluating students' work, and

 4-3     planning.  A planning and preparation period under this section may

 4-4     not be less than 45 minutes within the instructional day.  During a

 4-5     planning and preparation period, a classroom teacher may not be

 4-6     required to participate in any other activity.

 4-7           (b)  A teacher may not be required to use a teacher

 4-8     preparation day prescribed under Section 21.401(d) for a purpose

 4-9     other than performing classroom-related tasks such as planning or

4-10     preparing lessons, grading student work, or performing required

4-11     paperwork.  A teacher may not be required to attend a

4-12     school-related meeting or other activity on a teacher preparation

4-13     day.

4-14           (c)  In each school district, district and campus

4-15     administrators, in collaboration with the appropriate campus-level

4-16     planning and decision-making committees prescribed under Subchapter

4-17     F, Chapter 11, shall develop a plan to increase the amount of time

4-18     available during the teacher work day as defined by Section 21.4011

4-19     for preparation and for collaboration among teachers through the

4-20     use of strategies such as providing for:

4-21                 (1)  common planning and preparation periods for

4-22     teachers teaching at the same grade level or in the same

4-23     department;

4-24                 (2)  an additional conference period each month during

4-25     the teacher work day that is specifically designated for grade

4-26     level or department planning and preparation;

4-27                 (3)  the availability of an aide or school volunteer

 5-1     for each grade level or department in each school facility to

 5-2     perform duties such as clerical work, hall monitoring, and school

 5-3     bus supervision;

 5-4                 (4)  more efficient use of the regular instructional

 5-5     day through block scheduling and reducing time permitted for class

 5-6     changes;

 5-7                 (5)  increased teacher access to technology;

 5-8                 (6)  two non-teaching days each school year that a

 5-9     teacher may use at the teacher's discretion to perform professional

5-10     duties;

5-11                 (7)  limiting the reports that teachers may be required

5-12     to prepare to those authorized under Section 21.410; or

5-13                 (8)  at least one-half day at the end of each grade

5-14     reporting period that a teacher may use for tasks such as

5-15     completing grade reports,  performing required paperwork, or

5-16     preparing the classroom for a subsequent unit of study.

5-17           SECTION 6.  Subchapter I, Chapter 21, Education Code, is

5-18     amended by adding Section 21.410 to read as follows:

5-19           Sec. 21.410.  RESTRICTING WRITTEN REPORTS.  The board of

5-20     trustees of each school district shall adopt a policy to limit the

5-21     number and length of written reports that a classroom teacher is

5-22     required to prepare.  A classroom teacher may not be required to

5-23     prepare a written report other than:

5-24                 (1)  a report of a student's grade on a particular

5-25     assignment or examination;

5-26                 (2)  a report of a student's grades at the end of a

5-27     grade reporting period;

 6-1                 (3)  a textbook report;

 6-2                 (4)  a brief unit or weekly lesson plan;

 6-3                 (5)  an attendance report;

 6-4                 (6)  a report required for accreditation review; and

 6-5                 (7)  any other report specifically required by law to

 6-6     be prepared by a classroom teacher.

 6-7           SECTION 7.  Section 21.357, Education Code, is repealed.

 6-8           SECTION 8.  (a)  Sections 3-6 of this Act apply beginning

 6-9     with the 1997-1998 school year.

6-10           (b)  The commissioner of education shall implement a time

6-11     management improvement plan award program as required by Section

6-12     7.059, Education Code, as added by this Act, not later than

6-13     September 1, 1998.

6-14           SECTION 9.  The importance of this legislation and the

6-15     crowded condition of the calendars in both houses create an

6-16     emergency and an imperative public necessity that the

6-17     constitutional rule requiring bills to be read on three several

6-18     days in each house be suspended, and this rule is hereby suspended,

6-19     and that this Act take effect and be in force from and after its

6-20     passage, and it is so enacted.