SRC-EPT S.B. 1150 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1150
78R6404 KKA-DBy: Shapleigh
Education
4/5/2003
As Filed


DIGEST AND PURPOSE 

According to the State Board for Educator Certification, the teacher
shortage for the 2001-2002 school year was estimated to be anywhere
between 37,000 and 40,000.  This shortage is expected to get worse as more
experienced teachers retire, and they are replaced by less experienced
teachers, who have the highest attrition rate.  Job sharing could provide
a more flexible work schedule to retain qualified teachers who have left
teaching prior to retirement or who are contemplating leaving in order to
raise children, care for elderly parents, or retire early.  As proposed,
S.B. 1150 amends Chapter 21 of the Education Code by allowing school
districts to adopt a policy authorizing job sharing or other alternative
work schedules for certified educators. The bill also requires the
commissioner of education to adopt rules regarding benefits, such as
retirement and health benefits, necessary to facilitate job sharing.  A
retired educator will not be eligible for employment under this section. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in
SECTION 1 (Section 21.4011, Education Code) of this Act.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 21I, Education Code, by adding Section 21.4011,
as follows: 
 
Sec. 21.4011.  JOB SHARING AND OTHER ALTERNATIVE WORK SCHEDULES. (a)
Authorizes the board of trustees of a school district, notwithstanding
Section 21.401, to, in accordance with this section and subject to rules
adopted by the commissioner of education (commissioner) under Subsection
(c), adopt a policy authorizing job sharing or other alternative work
schedules for educators employed by the district. 

(b)  Requires an educator employed under a local policy authorized by this
section to meet certain requirements. 

(c)  Requires the commissioner to adopt rules necessary to facilitate job
sharing or other alternative work schedules for educators in a school
district that adopts a local policy authorized by this section, including
rules regarding benefits for educators employed under the policy. 
 
(d)  Provides that to the extent practicable, benefits provided to an
educator employed under a local policy authorized by this section must be
allocated in an equitable manner.  Provides that an educator who acts as a
teacher in the classroom is entitled to an equitable allocation, as
determined by the commissioner and local policy, of the benefits provided
to a full-time classroom teacher, notwithstanding the educator's failure
to teach in an instructional setting for at least the number of hours
specified by Section 5.001(2). 
 
(e)  Provides that to be considered for employment under a local policy
authorized by this section, an educator must submit a written request to
the superintendent of the school district.  Authorizes the superintendent
to approve the request only if a majority of the district-level planning
and decision-making committee established  under Section 11.251 consents
to the request. 
 
(f)  Provides that a retired educator is not eligible for employment under
this section. 
 
SECTION 2.  Provides that this Act applies beginning with the 2003-2004
school year. 
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.