By: Callegari H.B. No. 31

A BILL TO BE ENTITLED

AN ACT

relating to school district personnel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 12.133(b), (b-1), (c), and (d-1), Education Code, are amended to read as follows:

(b) Each school year, using state funds received by the charter holder for that purpose under Subsection (d), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district,] in an amount at least equal to $2,500.

(b-1) Using state funds received by the charter holder for that purpose under Subsection (d-1), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in average compensation increases as follows:

(1) for full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district], an average increase at least equal to $500; and

(2) for part-time employees, an average increase at least equal to $250.

(c) Each school year, using state funds received by the charter holder for that purpose under Subsection (e), a charter holder that did not participate in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district,] in an amount at least equal to $2,000.

(d-1) In addition to any amounts to which a charter holder is entitled under this chapter, a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year is entitled to state aid in an amount, as determined by the commissioner, equal to the sum of:

(1) the product of $500 multiplied by the number of full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district]; and

(2) the product of $250 multiplied by the number of part-time employees.

SECTION 2. Section 19.007(f), Education Code, is amended to read as follows:

(f) In addition to other amounts received by the district under this section, the district is entitled to state aid in an amount equal to the product of $2,000 multiplied by the number of classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses who are employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].

SECTION 3. Section 19.009(d-1), Education Code, is amended to read as follows:

(d-1) Each school year, the district shall pay an amount at least equal to $2,000 to each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, and full-time school nurse who is employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11]. A payment under this section is in addition to wages the district would otherwise pay the employee during the school year.

SECTION 4. Section 21.0031(b), Education Code, is amended to read as follows:

(b) After an employee receives notice that the employee's contract is void under Subsection (a),[:

[(1)] a school district may:

(1) [(A)] terminate the employee;

(2) [(B)] suspend the employee with or without pay; or

(3) [(C)] retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee's existing rate of pay or at a reduced rate[; and

[(2) the employee is not entitled to the minimum salary prescribed by Section 21.402].

SECTION 5. Section 21.103(a), Education Code, is amended to read as follows:

(a) The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment. The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the [45th] 15th day before the last day of instruction required under the contract. The notice must be delivered personally to the teacher or mailed by regular mail or prepaid certified mail or by an express delivery service to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. The board's decision is final and may not be appealed.

SECTION 6. Section 21.157, Education Code, is amended to read as follows:

Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district[, with tho se reductions made in the reverse order of seniority in the specific teaching fields].

SECTION 7. Section 21.206(a), Education Code, is amended to read as follows:

(a) Not later than the [45th] 15th day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally to the teacher or mailed by regular mail or prepaid certified mail or by an express delivery service to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing.

SECTION 8. Section 21.401, Education Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows:

(b) Except as provided by Subsection (e), an [An] educator employed under a 10-month contract must provide a minimum of 187 days of service.

(c) The commissioner, as provided by Section 25.081(b), may reduce the number of days of service required by this section. A reduction by the commissioner does not reduce an educator's salary.

(d) Subsections (a) and (b) do not apply to a contract between a school district and an educational diagnostician.

(e) Notwithstanding any other provision in this Code, the board of trustees of a school district may reduce the length of service required under an educator contract if the board has determined that a decrease in state funds available per weighted student necessitates a reduction in the length of the instructional year or in the number of days of service required by the educator. The board may reduce the length of service by up to seven instructional days, non-instructional days, or a combination of the two. The salary of the educator may be reduced by an amount corresponding to the reduction in length of service.

SECTION 9. Section 22.003(a)(1), Education Code, is amended to read as follows:

(a) A state minimum personal leave program consisting of five days per year personal leave with no limit on accumulation and transferable among districts shall be provided for school district employees. School districts may provide additional personal leave beyond this minimum. The board of trustees of a school district may adopt a policy governing an employee's use of personal leave granted under this subsection, except that the policy may not restrict:

(1) the purposes for which the leave may be used, except that the board by local policy may restrict the use of state personal leave on days designated for furloughs under Section 21.401, Education Code; or

(2) the order in which an employee may use the state minimum personal leave and any additional personal leave provided by the school district.

SECTION 10. Section 25.081, Education Code, is amended by to read as follows:

(a) Except as authorized under Subsections (b) and (c) of this section, Section 25.084, or Section 29.0821, for each school year each school district must operate so that the district provides for at least 180 days of instruction for students.

(b) The commissioner may approve the instruction of students for fewer than the number of days required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools.

(c) If the board of trustees of a school district has determined that a decrease in state funds available per weighted student necessitates a reduction in the instructional year, the board may reduce the number of days of instruction required under Subsection (a). The board may adjust educator contracts as provided at Section 21.401(e).

SECTION 11. Section 21.402(d), Education Code, is repealed.

SECTION 12. This Act takes effect October 1, 2011.