82S10854 VOO/CAS-D
	By: Shapiro, et al.	S.B. No. 8
	(Eissler)
	Substitute the following for S.B. No. 8:  No.

	A BILL TO BE ENTITLED
	AN ACT
	relating to the flexibility of the board of trustees of a school
	district in the management and operation of public schools in the
	district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.0031, Education Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (b-1) to
	read as follows:
	(a)  An employee's probationary, continuing, or term
	contract under this chapter is void if the employee:
	(1)  does not hold a valid certificate or permit issued
	by the State Board for Educator Certification; [or]
	(2)  fails to fulfill the requirements necessary to
	renew or extend the employee's temporary, probationary, or
	emergency certificate or any other certificate or permit issued
	under Subchapter B; or
	(3)  fails to comply with any requirement under
	Subchapter C, Chapter 22, if the failure results in suspension or
	revocation of the employee's certificate under Section
	22.0831(f)(2).
	(b)  If a school district has knowledge that an [After an
	employee receives notice that the] employee's contract is void
	under Subsection (a):
	(1)  the [a school] district may, except as provided by
	Subsection (b-1):
	(A)  terminate the employee;
	(B)  suspend the employee with or without pay; or
	(C)  retain the employee for the remainder of the
	school year on an at-will employment basis in a position other than
	a position required to be held by an employee under a contract under
	Section 21.002 [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.
	(b-1)  A school district may not terminate or suspend under
	Subsection (b) an employee whose contract is void under Subsection
	(a)(1) or (2) because the employee failed to renew or extend the
	employee's certificate or permit if the employee:
	(1)  requests an extension from the State Board for
	Educator Certification to renew, extend, or otherwise validate the
	employee's certificate or permit; and
	(2)  not later than the 10th day after the date the
	contract is void, takes necessary measures to renew, extend, or
	otherwise validate the employee's certificate or permit, as
	determined by the State Board for Educator Certification.
	SECTION 2.  Subsection (a), Section 21.103, 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 last
	day on which the spring administration of an assessment instrument
	under Section 39.023 may occur during the school year, as
	determined by commissioner rule [45th day before the last day of
	instruction required under the contract].  The board's decision is
	final and may not be appealed.
	SECTION 3.  Subchapter C, Chapter 21, Education Code, is
	amended by adding Section 21.1041 to read as follows:
	Sec. 21.1041.  HEARING UNDER PROBATIONARY CONTRACT. A
	teacher is entitled to:
	(1)  a hearing as provided by Subchapter F, if the
	teacher is protesting proposed action under Section 21.104; or
	(2)  a hearing in a manner provided under Section
	21.207 for nonrenewal of a term contract or a hearing provided by
	Subchapter F, as determined by the board of trustees of the
	district, if the teacher is protesting proposed action to terminate
	a probationary contract before the end of the contract period on the
	basis of a financial exigency declared under Section 44.011 that
	requires a reduction in personnel.
	SECTION 4.  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 those reductions made in
	the reverse order of seniority in the specific teaching fields].
	SECTION 5.  Subsection (b), Section 21.159, Education Code,
	is amended to read as follows:
	(b)  A teacher who notifies the board of trustees within the
	time prescribed by Subsection (a) is entitled to:
	(1)  a hearing as provided by Subchapter F, if the
	teacher is protesting proposed action under Section 21.156; or
	(2)  a hearing in a manner provided under Section
	21.207 for nonrenewal of a term contract or a hearing provided by
	Subchapter F, as determined by the board, if the teacher is
	protesting proposed action under Section 21.157 or proposed action
	to terminate a term contract at any time on the basis of a financial
	exigency declared under Section 44.011 that requires a reduction in
	personnel.
	SECTION 6.  Subsection (a), Section 21.206, Education Code,
	is amended to read as follows:
	(a)  Not later than the last day on which the spring
	administration of an assessment instrument under Section 39.023 may
	occur during the school year, as determined by commissioner rule
	[45th 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.
	SECTION 7.  Section 21.207, Education Code, is amended by
	adding Subsection (b-1) and amending Subsection (c) to read as
	follows:
	(b-1)  Notwithstanding any other provision of this code,
	this subsection applies only to a school district with an
	enrollment of at least 5,000 students.  The board of trustees may
	designate an attorney licensed to practice law in this state to hold
	the hearing on behalf of the board, to create a hearing record for
	the board's consideration and action, and to recommend an action to
	the board. The attorney serving as the board's designee may not be
	employed by a school district and neither the designee nor a law
	firm with which the designee is associated may be serving as an
	agent or representative of a school district, of a teacher in a
	dispute between a district and a teacher, or of an organization of
	school employees, school administrators, or school boards of
	trustees. Not later than the 15th day after the completion of the
	hearing under this subsection, the board's designee shall provide
	to the board a record of the hearing and the designee's
	recommendation of whether the contract should be renewed or not
	renewed. The board shall consider the record of the hearing and the
	designee's recommendation at the first board meeting for which
	notice can be posted in compliance with Chapter 551, Government
	Code, following the receipt of the record and recommendation from
	the board's designee, unless the parties agree in writing to a
	different date.  At the meeting, the board shall consider the
	hearing record and the designee's recommendation and allow each
	party to present an oral argument to the board. The board by written
	policy may limit the amount of time for oral argument.  The policy
	must provide equal time for each party.  The board may obtain advice
	concerning legal matters from an attorney who has not been involved
	in the proceedings.  The board may accept, reject, or modify the
	designee's recommendation.  The board shall notify the teacher in
	writing of the board's decision not later than the 15th day after
	the date of the meeting.
	(c)  At the hearing before the board or the board's designee,
	the teacher may:
	(1)  be represented by a representative of the
	teacher's choice;
	(2)  hear the evidence supporting the reason for
	nonrenewal;
	(3)  cross-examine adverse witnesses; and
	(4)  present evidence.
	SECTION 8.  Section 21.251, Education Code, is amended to
	read as follows:
	Sec. 21.251.  APPLICABILITY. (a) This subchapter applies
	if a teacher requests a hearing after receiving notice of the
	proposed decision to:
	(1)  terminate the teacher's continuing contract at any
	time, except as provided by Subsection (b)(3);
	(2)  terminate the teacher's probationary or term
	contract before the end of the contract period, except as provided
	by Subsection (b)(3); or
	(3)  suspend the teacher without pay.
	(b)  This subchapter does not apply to:
	(1)  a decision to terminate a teacher's employment at
	the end of a probationary contract; [or]
	(2)  a decision not to renew a teacher's term contract,
	unless the board of trustees of the employing district has decided
	to use the process prescribed by this subchapter for that purpose;
	or
	(3)  a decision, on the basis of a financial exigency
	declared under Section 44.011 that requires a reduction in
	personnel, to terminate a probationary or term contract before the
	end of the contract period or to terminate a continuing contract at
	any time, unless the board of trustees has decided to use the
	process prescribed by this subchapter for that purpose.
	SECTION 9.  Section 21.402, Education Code, is amended by
	amending Subsection (a) and adding Subsection (i) to read as
	follows:
	(a)  Except as provided by Subsection (d)[, (e),] or (f), a
	school district must pay each classroom teacher, full-time
	librarian, full-time counselor certified under Subchapter B, or
	full-time school nurse not less than the following minimum monthly
	salary, based on the employee's level of experience:
	Years of Monthly
	Experience Salary
	0 2,732
	1 2,791
	2 2,849
	3 2,908
	4 3,032
	5 3,156
	6 3,280
	7 3,395
	8 3,504
	9 3,607
	10 3,704
	11 3,796
	12 3,884
	13 3,965
	14 4,043
	15 4,116
	16 4,186
	17 4,251
	18 4,313
	19 4,372
	20 & Over 4,427
	[in addition to other factors, as determined by commissioner rule,
	determined by the following formula:
	[MS = SF x FS
	where:
	["MS" is the minimum monthly salary;
	["SF" is the applicable salary factor specified by Subsection
	(c); and
	["FS" is the amount, as determined by the commissioner under
	Subsection (b), of state and local funds per weighted student,
	including funds provided under Section 42.2516, available to a
	district eligible to receive state assistance under Section 42.302
	with a maintenance and operations tax rate per $100 of taxable value
	equal to the product of the state compression percentage, as
	determined under Section 42.2516, multiplied by $1.50, except that
	the amount of state and local funds per weighted student does not
	include the amount attributable to the increase in the guaranteed
	level made by Chapter 1187, Acts of the 77th Legislature, Regular
	Session, 2001.]
	(i)  Not later than January 1, 2013, the commissioner shall
	review the minimum salary schedule and submit to the governor, the
	lieutenant governor, the speaker of the house of representatives,
	and the presiding officer of each legislative standing committee
	with primary jurisdiction over primary and secondary education a
	written report that recommends the method to be used to determine
	the schedule. This subsection expires September 1, 2013.
	SECTION 10.  Subchapter I, Chapter 21, Education Code, is
	amended by adding Sections 21.4021 and 21.4022 to read as follows:
	Sec. 21.4021.  FURLOUGHS. (a)  Notwithstanding Section
	21.401 and subject to Section 21.4022, the board of trustees of a
	school district may, in accordance with district policy, implement
	a furlough program and reduce the number of days of service
	otherwise required under Section 21.401 by not more than six days of
	service during a school year if the commissioner certifies in
	accordance with Section 42.009 that the district will be provided
	with less state and local funding for that year than was provided to
	the district for the 2010-2011 school year.
	(b)  Notwithstanding Section 21.402, the board of trustees
	may reduce the salary of an employee who is furloughed in proportion
	to the number of days by which service is reduced, provided that the
	furlough program is implemented in compliance with this section.
	(b-1)  A furlough program must subject all contract
	personnel to the same number of furlough days.
	(c)  An educator may not be furloughed on a day that is
	included in the number of days of instruction required under
	Section 25.081.
	(d)  An educator may not use personal, sick, or any other
	paid leave while the educator is on a furlough.
	(e)  A furlough imposed under this section does not
	constitute a break in service for purposes of the Teacher
	Retirement System of Texas.
	(f)  Implementation of a furlough program may not result in
	an increase in the number of required teacher workdays.
	(g)  If a board of trustees adopts a furlough program after
	the date by which a teacher must give notice of resignation under
	Section 21.105, 21.160, or 21.210, as applicable, a teacher who
	subsequently resigns is not subject to sanctions imposed by the
	State Board for Educator Certification as otherwise authorized by
	those sections.
	(h)  A decision by the board of trustees to implement a
	furlough program:
	(1)  is final and may not be appealed; and
	(2)  does not create a cause of action or require
	collective bargaining.
	Sec. 21.4022.  REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH
	PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a)  The board of
	trustees of a school district may not implement a furlough program
	under Section 21.4021 or reduce salaries until the district has
	complied with this section.
	(b)  A school district must use a process to develop a
	furlough program or other salary reduction proposal, as applicable,
	that:
	(1)  includes the involvement of the district's
	professional staff; and
	(2)  provides district employees with the opportunity
	to express opinions regarding the furlough program or salary
	reduction proposal, as applicable, at the public meeting required
	by Subsection (c).
	(c)  The board of trustees must hold a public meeting at
	which the board and school district administration present:
	(1)  information regarding the options considered for
	managing the district's available resources, including
	consideration of a tax rate increase and use of the district's
	available fund balance; and
	(2)  an explanation of how the district intends,
	through implementation of a furlough program under Section 21.4021
	or through other salary reductions, as applicable, to limit the
	number of district employees who will be discharged or whose
	contracts will not be renewed.
	(d)  Any explanation of a furlough program under Subsection
	(c)(2) must state the specific number of furlough days proposed to
	be required.
	(e)  The public and school district employees must be
	provided with an opportunity to comment at the public meeting
	required under Subsection (c).
	SECTION 11.  Section 25.112, Education Code, is amended by
	amending Subsection (d) and adding Subsection (d-1) to read as
	follows:
	(d)  On application of a school district, the commissioner
	may except the district from the limit in Subsection (a) if the
	commissioner:
	(1)  finds the limit works an undue hardship on the
	district; or
	(2)  determines that as a result of a reduction in state
	funding levels, the amount of state and local funds per weighted
	student available to the district is less than the amount of state
	and local funds per weighted student available to the district in
	the preceding school year.
	(d-1)  An exception under Subsection (d) expires at the end
	of the school year for which it is granted.
	SECTION 12.  Subsection (a), Section 38.101, Education Code,
	is amended to read as follows:
	(a)  Except as provided by Subsection (b), a school district
	annually shall assess the physical fitness of students enrolled in
	grade three or higher in a course that satisfies the curriculum
	requirements for physical education under Section 28.002(a)(2)(C)
	[grades 3 through 12].
	SECTION 13.  Subchapter A, Chapter 42, Education Code, is
	amended by adding Section 42.009 to read as follows:
	Sec. 42.009.  DETERMINATION OF FUNDING LEVELS. (a)  Not
	later than July 1 of each year, the commissioner shall determine for
	each school district whether the estimated amount of state and
	local funding per student in weighted average daily attendance to
	be provided to the district under the Foundation School Program for
	maintenance and operations for the following school year is less
	than the amount provided to the district for the 2010-2011 school
	year.  If the amount estimated to be provided is less, the
	commissioner shall certify the percentage decrease in funding to be
	provided to the district.
	(b)  In making the determinations regarding funding levels
	required by Subsection (a), the commissioner shall:
	(1)  make adjustments as necessary to reflect changes
	in a school district's maintenance and operations tax rate;
	(2)  for a district required to take action under
	Chapter 41 to reduce its wealth per student to the equalized wealth
	level, base the determinations on the district's net funding levels
	after deducting any amounts required to be expended by the district
	to comply with Chapter 41; and
	(3)  determine a district's weighted average daily
	attendance in accordance with this chapter as it existed on January
	1, 2011.
	SECTION 14.  Subchapter A, Chapter 44, Education Code, is
	amended by adding Section 44.011 to read as follows:
	Sec. 44.011.  FINANCIAL EXIGENCY. (a)  The board of trustees
	of a school district may adopt a resolution declaring a financial
	exigency for the district. The declaration expires at the end of the
	fiscal year during which the declaration is made unless the board
	adopts a resolution before the end of the fiscal year declaring
	continuation of the financial exigency for the following fiscal
	year.
	(b)  The board is not limited in the number of times the board
	may adopt a resolution declaring continuation of the financial
	exigency.
	(c)  A board may terminate a financial exigency declaration
	at any time if the board considers it appropriate.
	(d)  Each time the board adopts a resolution under this
	section, the board must notify the commissioner. The commissioner
	by rule shall prescribe the time and manner in which notice must be
	given to the commissioner under this subsection.
	SECTION 15.  Subchapter F, Chapter 552, Government Code, is
	amended by adding Section 552.2661 to read as follows:
	Sec. 552.2661.  CHARGE FOR COPY OF PUBLIC INFORMATION
	PROVIDED BY SCHOOL DISTRICT. A school district is not required to
	produce public information for inspection or duplication or to
	produce copies of public information in response to a request
	unless the requestor has paid the charge from the district for costs
	related to producing public information in response to a previous
	request from that requestor.
	SECTION 16.  Subsections (b), (c), (c-1), (c-2), (c-3), (d),
	and (e), Section 21.402, Education Code, are repealed.
	SECTION 17.  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 on the 91st day after the last day of
	the legislative session.