SRC-CTC S.B. 978 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 978
77R8099 SMJ-DBy: Lucio
Education
3/29/2001
As Filed


DIGEST AND PURPOSE 

Currently, retirees of the public education system are prohibited from
being rehired without a loss in retirement benefits unless the retiree is
separated from employment in education for 12 months and is teaching in an
acute shortage area, as defined by the commissioner of education.  However,
this one year "sit-out" period prevents many of these retired teachers from
providing classroom expertise, especially now during the current teacher
shortage.  As proposed, S.B. 978 removes the 12 month "sitout" period for
retirees as long as the teacher meets all other current requirements and is
not eligible for early retirement.  The bill exempts these teachers from
the minimum monthly salary schedule, but requires the school district to
pay the teacher an amount that, when added to the teacher's monthly
retirement benefit, is at least equal to what the teacher would have been
eligible for under the current schedule. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 824.602(a), Government Code, to delete wording
relating to a separation from service with all public schools, 

SECTION 2.  Amends Section 21.402, Education Code, by amending Subsection
(a) and adding Subsections (i) and (j), as follows: 

 (a) Provides an exception to this subsection.

(i) Provides that this section, except as provided by Subsection (j), does
not apply to certain individuals. 

(j) Requires a school district to pay to each classroom teacher described
in Subsection (i) an amount that, when added to the teacher's monthly
retirement benefit, is at least equal to the minimum monthly salary
otherwise required by this section. 

SECTION 3.  Makes application of this Act prospective to the 2001-2002
school year. 

SECTION 4.  Effective date: upon passage or September 1, 2001.