78R6404 KKA-D

By:  Shapleigh                                                    S.B. No. 1150



A BILL TO BE ENTITLED

AN ACT

relating to job sharing and other alternative work schedules for 
public school educators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter I, Chapter 21, Education Code, is 
amended by adding Section 21.4011 to read as follows:
	Sec. 21.4011.  JOB SHARING AND OTHER ALTERNATIVE WORK 
SCHEDULES.  (a)  Notwithstanding Section 21.401, the board of 
trustees of a school district may, in accordance with this section 
and subject to rules adopted by the commissioner under Subsection 
(c), adopt a policy authorizing job  sharing or other alternative 
work schedules for educators employed by the district.
	(b)  An educator employed under a local policy authorized by 
this section must:
		(1)  hold a certificate issued under Subchapter B, 
Chapter 21;       
		(2)  be paid at least an amount that complies with the 
minimum salary schedule prescribed by Section 21.402, as adjusted 
to reflect the number of hours worked, if the educator is a person 
to whom that section applies;
		(3)  work a number of hours at least equal to 50 percent 
of the total number of hours required to be worked by a full-time 
educator of the same class during the regular workweek, as 
determined by the board of trustees; and
		(4)  provide classroom instruction during at least 70 
percent of the total hours worked, if the educator acts as a teacher 
in the classroom, or work in direct contact with students for at 
least 70 percent of the total hours worked, if the educator does not 
act as a teacher in the classroom.
	(c)  The commissioner shall 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)  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.  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)  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.  The 
superintendent may 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)  A retired educator is not eligible for employment under  
this section.
	SECTION 2.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 3.  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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.