By Ogden                                               S.B. No. 268
         76R4644 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an optional extended year program for public school
 1-3     students who would not otherwise be promoted.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter C, Chapter 29, Education Code, is
 1-6     amended by adding Section 29.0821 to read as follows:
 1-7           Sec. 29.0821.  OPTIONAL EXTENDED YEAR PROGRAM.  (a)  A school
 1-8     district may apply to the commissioner for approval to provide an
 1-9     extended year program for students who would not otherwise be
1-10     promoted to the next grade level.
1-11           (b)  In order to provide the funding necessary for a program
1-12     under this section, with the approval of the commissioner, a school
1-13     district may:
1-14                 (1)  provide a number of days of instruction during the
1-15     regular school year that is not more than 10 days fewer than the
1-16     number required under Section 25.081(a); and
1-17                 (2)  reduce by an equal number the number of days of
1-18     service that educators must provide under Section 21.401.
1-19           (c)  The commissioner may adopt rules for the administration
1-20     of programs provided under this section.
1-21           SECTION 2.  Section 21.401(b), Education Code, is amended to
1-22     read as follows:
1-23           (b)  Except as provided by Section 29.0821, an [An] educator
1-24     employed under a 10-month contract must provide a minimum number of
 2-1     days of service as determined by the following formula:
 2-2                   MDS = 185 + (0.33 X (R1 - R2)/(R2/185))
 2-3     where:
 2-4           "MDS" is the minimum number of days of service;
 2-5           "R1" is equal to FSP/ADA as determined under Section 21.402
 2-6     for the fiscal year; and
 2-7           "R2" is equal to FSP/ADA as determined under Section 21.402
 2-8     for the 1996-1997 school year.
 2-9           SECTION 3.  Section 21.402, Education Code, is amended by
2-10     amending Subsection (a)  and adding Subsection (g) to read as
2-11     follows:
2-12           (a)  Except as provided by Subsection (d), [or] (e), or (g),
2-13     a school district must pay each classroom teacher or full-time
2-14     librarian not less than the minimum monthly salary, based on the
2-15     employee's level of experience, determined by the following
2-16     formula:
2-17                             MS = SF X (FSP/ADA)
2-18     where:
2-19           "MS" is the minimum monthly salary;
2-20           "SF" is the applicable salary factor specified by Subsection
2-21     (c);
2-22           "FSP" is the amount appropriated in the General
2-23     Appropriations Act for the fiscal year for the Foundation School
2-24     Program, as determined by the commissioner as provided by
2-25     Subsection (b); and
2-26           "ADA" is the total estimated average daily attendance, as
2-27     defined by Section 42.005, used for purposes of the General
 3-1     Appropriations Act for the fiscal year.
 3-2           (g)  The minimum salary of a classroom teacher or full-time
 3-3     librarian in a school district for which the commissioner has
 3-4     approved an extended year program under Section 29.0821 is an
 3-5     amount equal to the minimum salary determined under this section
 3-6     multiplied by a fraction, the numerator of which is the number of
 3-7     days of instruction in the district during the regular school year
 3-8     plus the number of days of instruction in the extended year program
 3-9     for a teacher or librarian who participates in the program and the
3-10     denominator of which is the minimum number of days of instruction
3-11     required under Section 25.081(a).
3-12           SECTION 4.  Section 25.081(a), Education Code, is amended to
3-13     read as follows:
3-14           (a)  Except as authorized under Subsection (b) of this
3-15     section, [or] Section 25.084, or Section 29.0821, for each school
3-16     year each school district must operate so that the district
3-17     provides for at least 180 days of instruction for students.
3-18           SECTION 5.  The heading to Section 29.082, Education Code, is
3-19     amended to read as follows:
3-20           Sec. 29.082.  STATE-FUNDED OPTIONAL EXTENDED YEAR PROGRAM
3-21           SECTION 6.  This Act takes effect September 1, 1999.
3-22           SECTION 7.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended.