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A BILL TO BE ENTITLED
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AN ACT
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relating to flexibility for public schools to administer primary |
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and secondary education efficiently. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.0581, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The joint election agreement allocating expenses as |
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provided by Section 271.004, Election Code, must provide that a |
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school district is responsible only for the proportion of election |
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expenses that corresponds to the proportion that the number of |
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precincts located within the school district's boundaries bears to |
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the total number of precincts participating in the joint election. |
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SECTION 2. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.179 to read as follows: |
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Sec. 11.179. UNIFORM NOTICE FOR CERTAIN BOARD HEARINGS AND |
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MEETINGS. (a) The board of trustees of a school district shall |
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provide notice of a hearing under Sections 39.083 and 39.306 and a |
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meeting under Section 44.004 by: |
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(1) sending the notice through e-mail to media serving |
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the district; |
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(2) prominently posting the entire notice, in addition |
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to any required documents or summaries, on the district's Internet |
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website; |
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(3) making the notice, in addition to any required |
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documents or summaries, available for public inspection at the |
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district's central administrative office; and |
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(4) making the notice, in addition to any required |
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documents or summaries, available for public inspection at each |
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campus in the district. |
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(b) In addition to providing notice as required by |
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Subsection (a), the board may also provide notice as permitted by |
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Section 39.083, 39.306, or 44.004, as applicable. |
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SECTION 3. Sections 12.133(b), (b-1), (c), and (d-1), |
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Education Code, are amended to read as follows: |
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(b) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (d), a charter |
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holder that participated in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
|
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,500. |
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(b-1) Using state funds received by the charter holder for |
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that purpose under Subsection (d-1), a charter holder that |
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participated in the program under Chapter 1579, Insurance Code, for |
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the 2005-2006 school year shall provide employees of the charter |
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holder, other than administrators, compensation in the form of |
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annual salaries, incentives, or other compensation determined |
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appropriate by the charter holder that results in average |
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compensation increases as follows: |
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(1) for full-time employees other than full-time |
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classroom teachers, full-time librarians, full-time counselors, |
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and full-time nurses [employees who would be entitled to a minimum
|
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salary under Section 21.402 if employed by a school district], an |
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average increase at least equal to $500; and |
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(2) for part-time employees, an average increase at |
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least equal to $250. |
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(c) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (e), a charter |
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holder that did not participate in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
|
employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
|
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entitled to a minimum salary under Section 21.402 if employed by a
|
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school district,] in an amount at least equal to $2,000. |
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(d-1) In addition to any amounts to which a charter holder |
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is entitled under this chapter, a charter holder that participated |
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in the program under Chapter 1579, Insurance Code, for the |
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2005-2006 school year is entitled to state aid in an amount, as |
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determined by the commissioner, equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time employees other than full-time classroom teachers, |
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full-time librarians, full-time counselors, and full-time nurses |
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[employees who would be entitled to a minimum salary under Section
|
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21.402 if employed by a school district]; and |
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(2) the product of $250 multiplied by the number of |
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part-time employees. |
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SECTION 4. Section 19.007(f), Education Code, is amended to |
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read as follows: |
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(f) In addition to other amounts received by the district |
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under this section, the district is entitled to state aid in an |
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amount equal to the product of $2,000 multiplied by the number of |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, and full-time school |
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nurses who are employed by the district [and who would be entitled
|
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to a minimum salary under Section 21.402 if employed by a school
|
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district operating under Chapter 11]. |
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SECTION 5. Section 19.009(d-1), Education Code, is amended |
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to read as follows: |
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(d-1) Each school year, the district shall pay an amount at |
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least equal to $2,000 to each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, |
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Chapter 21, and full-time school nurse who is employed by the |
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district [and who would be entitled to a minimum salary under
|
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Section 21.402 if employed by a school district operating under
|
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Chapter 11]. A payment under this section is in addition to wages |
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the district would otherwise pay the employee during the school |
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year. |
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SECTION 6. Section 21.0031(b), Education Code, is amended |
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to read as follows: |
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(b) After an employee receives notice that the employee's |
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contract is void under Subsection (a),[:
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[(1)] a school district may: |
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(1) [(A)] terminate the employee; |
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(2) [(B)] suspend the employee with or without pay; or |
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(3) [(C)] retain the employee for the remainder of the |
|
school year on an at-will employment basis in a position other than |
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classroom teacher at the employee's existing rate of pay or at a |
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reduced rate[; and
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[(2)
the employee is not entitled to the minimum
|
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salary prescribed by Section 21.402]. |
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SECTION 7. Section 21.103(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of a school district may terminate |
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the employment of a teacher employed under a probationary contract |
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at the end of the contract period if in the board's judgment the |
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best interests of the district will be served by terminating the |
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employment. The board of trustees must give notice of its decision |
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to terminate the employment to the teacher not later than [the 45th
|
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day before] the last day of instruction required under the |
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contract. The notice must be delivered personally to the teacher or |
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mailed by regular mail or prepaid certified mail or by an express |
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delivery service to the teacher's address of record with the |
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district. Notice that is mailed in accordance with this subsection |
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is considered given at the time of mailing. The board's decision is |
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final and may not be appealed. |
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SECTION 8. Section 21.157, Education Code, is amended to |
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read as follows: |
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Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher |
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employed under a continuing contract may be released at the end of a |
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school year and the teacher's employment with the school district |
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terminated at that time because of a necessary reduction of |
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personnel by the school district[, with those reductions made in
|
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the reverse order of seniority in the specific teaching fields]. |
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SECTION 9. Section 21.206(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the [45th day before the] last day of |
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instruction in a school year, the board of trustees shall notify in |
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writing each teacher whose contract is about to expire whether the |
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board proposes to renew or not renew the contract. The notice must |
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be delivered personally to the teacher or mailed by regular mail or |
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prepaid certified mail or by an express delivery service to the |
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teacher's address of record with the district. Notice that is |
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mailed in accordance with this subsection is considered given at |
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the time of mailing. |
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SECTION 10. Section 21.211, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A teacher whose term contract is terminated under |
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Subsection (a)(2) before the end of the contract period may request |
|
a hearing before the board of trustees or the board's designee as |
|
provided by Section 21.207 for a hearing on a proposed nonrenewal of |
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a contract. A teacher who is aggrieved by a decision of the board or |
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the board's designee at a hearing under this subsection may appeal |
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to the commissioner for review of the decision in accordance with |
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Subchapter G. The commissioner may not substitute the |
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commissioner's judgment for that of the board of trustees or the |
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board's designee unless the decision of the board or the board's |
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designee was not supported by substantial evidence based on the |
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record made at the hearing before the board or the board's designee. |
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SECTION 11. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.4032 to read as follows: |
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Sec. 21.4032. LOCAL COMPENSATION PLAN. (a) A school |
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district shall adopt a strategic plan for determining the |
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compensation of the district's classroom teachers, full-time |
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librarians, full-time counselors certified under Subchapter B, and |
|
full-time school nurses. A district's strategic compensation plan |
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must be designed to recruit, reward, and retain effective classroom |
|
teachers, librarians, counselors, and nurses. |
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(b) In developing a plan under Subsection (a), a school |
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district shall consider including provisions under which the |
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district may analyze any of several factors when determining |
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compensation, including, as applicable: |
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(1) demonstrated effectiveness in improving student |
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achievement; |
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(2) service as a mentor for other classroom teachers; |
|
(3) assumption of responsibilities in addition to |
|
regular duties; |
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(4) results of performance evaluations; |
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(5) whether a classroom teacher teaches in a subject |
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area or position that is an acute shortage area as determined by the |
|
board of trustees of the district as provided by Section |
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824.602(m), Government Code, if the classroom teacher meets state |
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and federal qualifications to teach in that subject area or |
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position; |
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(6) whether a classroom teacher teaches a greater |
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number of students than the average teacher in the district; |
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(7) whether an employee teaches at or is assigned to a |
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district school at which, as determined by the board of trustees of |
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the district, the district has difficulty hiring or retaining |
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classroom teachers or other professional employees; or |
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(8) other job-related duties, as determined by the |
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district. |
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(c) A school district must adopt a process to consider input |
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from classroom teachers, librarians, counselors, and nurses before |
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adoption or revision of a plan under Subsection (a). |
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(d) A plan adopted under Subsection (a) may provide for |
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nonfinancial compensation, including flexible scheduling or |
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additional leave, and compensation for employees who meet |
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campus-wide goals. |
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(e) A plan adopted under Subsection (a) may not consider |
|
athletic coaching or other athletic performance or achievement in |
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determining compensation. Payment for service as a coach or with |
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regard to extracurricular activities must be determined separately |
|
from the plan. |
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SECTION 12. Section 21.4551(e), Education Code, is amended |
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to read as follows: |
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(e) From funds appropriated for that purpose, a teacher who |
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attends a reading academy is entitled to receive a stipend in the |
|
amount determined by the commissioner. [A stipend received under
|
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this subsection is not considered in determining whether a district
|
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is paying the teacher the minimum monthly salary under Section
|
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21.402.] |
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SECTION 13. Section 22.107(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district shall pay each full-time district |
|
employee, other than an administrator or a classroom teacher, |
|
full-time librarian, full-time counselor certified under |
|
Subchapter B, Chapter 21, or full-time school nurse [an employee
|
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subject to the minimum salary schedule under Section 21.402], an |
|
amount at least equal to $500. |
|
SECTION 14. Sections 25.112(a) and (d), Education Code, are |
|
amended to read as follows: |
|
(a) Except as otherwise authorized by this section, a school |
|
district may not enroll more than a district-wide average of 22 |
|
students in [a] kindergarten, first, second, third, and [or] fourth |
|
grade classes or more than 25 students in a class at one of those |
|
grade levels. Those limitations do [class. That limitation does] |
|
not apply during: |
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(1) any 12-week period of the school year selected by |
|
the district, in the case of a district whose average daily |
|
attendance is adjusted under Section 42.005(c); or |
|
(2) the last 12 weeks of any school year in the case of |
|
any other district. |
|
(d) On application of a school district, the commissioner |
|
may except the district from a [the] limit in Subsection (a) if the |
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commissioner finds the limit works an undue hardship on the |
|
district. An exception expires at the end of the school year for |
|
which it is granted. |
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SECTION 15. Section 25.113(a), Education Code, is amended |
|
to read as follows: |
|
(a) A campus or district that is granted an exception under |
|
Section 25.112(d) from class size limits shall provide written |
|
notice of the exception to the parent of or person standing in |
|
parental relation to each student affected by the exception. The |
|
notice must be included in a regular mailing or other communication |
|
from the campus or district, such as information sent home with |
|
students. The notice must be in conspicuous bold or underlined |
|
print and, as applicable: |
|
(1) specify the class for which an exception from the |
|
limit imposed by Section 25.112(a) was granted; |
|
(2) state the number of children in the class for which |
|
the exception was granted; |
|
(3) state that an exception from the district-wide |
|
average limit imposed by Section 25.112(a) was granted; and |
|
(4) state the district-wide average number of children |
|
in a class for which the exception was granted [and
|
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[(3)
be included in a regular mailing or other
|
|
communication from the campus or district, such as information sent
|
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home with students]. |
|
SECTION 16. Section 28.0211(c), Education Code, is amended |
|
to read as follows: |
|
(c) Each time a student fails to perform satisfactorily on |
|
an assessment instrument specified under Subsection (a), the school |
|
district in which the student attends school shall provide to the |
|
student accelerated instruction in the applicable subject area, |
|
including reading instruction for a student who fails to perform |
|
satisfactorily on a reading assessment instrument. After a student |
|
fails to perform satisfactorily on an assessment instrument a |
|
second time, a grade placement committee shall be established to |
|
prescribe the accelerated instruction the district shall provide to |
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the student before the student is administered the assessment |
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instrument the third time. The grade placement committee shall be |
|
composed of the principal or the principal's designee, the |
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student's parent or guardian, and the teacher of the subject of an |
|
assessment instrument on which the student failed to perform |
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satisfactorily. The district shall notify the parent or guardian |
|
of the time and place for convening the grade placement committee |
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and the purpose of the committee. [An accelerated instruction
|
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group administered by a school district under this section may not
|
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have a ratio of more than 10 students for each teacher.] |
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SECTION 17. Section 30.022(f), Education Code, is amended |
|
to read as follows: |
|
(f) Before the beginning of each fiscal year, the board |
|
shall adopt a calendar for the school's operation that provides for |
|
at least[:
|
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[(1)] the minimum number of days of instruction |
|
required by Section 25.081[; and
|
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[(2)
the minimum number of days of service required by
|
|
Section 21.401]. |
|
SECTION 18. Section 30.052(f), Education Code, is amended |
|
to read as follows: |
|
(f) Before the beginning of each fiscal year, the board |
|
shall adopt a calendar for the school's operation that: |
|
(1) provides for at least[:
|
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[(1)] the minimum number of days of instruction |
|
required by Section 25.081; and |
|
(2) is consistent with the number of days of service in |
|
contracts between the school and classroom teachers [the minimum
|
|
number of days of service required by Section 21.401]. |
|
SECTION 19. Section 38.101(a), 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: |
|
(1) satisfies the curriculum requirements for |
|
physical education under Section 28.002(a)(2)(C); or |
|
(2) serves as a physical education credit under |
|
Section 28.025(b-1) [grades 3 through 12]. |
|
SECTION 20. Section 39.083(d), Education Code, is amended |
|
to read as follows: |
|
(d) The board of trustees of each school district shall hold |
|
a public hearing on the report. The board shall give notice of the |
|
hearing to owners of real property in the district and to parents of |
|
district students. In addition to other notice required by law, |
|
notice of the hearing: |
|
(1) may [must] be provided[:
|
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[(1)] to a newspaper of general circulation in the |
|
district; and |
|
(2) must be provided as prescribed by Section |
|
11.179(a) [through electronic mail to media serving the district]. |
|
SECTION 21. Section 39.306(c), Education Code, is amended |
|
to read as follows: |
|
(c) The board of trustees shall hold a hearing for public |
|
discussion of the report. The board of trustees shall give notice |
|
of the hearing to property owners in the district and parents of and |
|
other persons standing in parental relation to a district student. |
|
The notification may [must] include notice to a newspaper of |
|
general circulation in the district and must include notice as |
|
prescribed by Section 11.179(a) [to electronic media serving the
|
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district]. After the hearing the report shall be widely |
|
disseminated within the district in a manner to be determined under |
|
rules adopted by the commissioner. |
|
SECTION 22. Section 42.2513(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district, including a school district that is |
|
otherwise ineligible for state aid under this chapter, is entitled |
|
to state aid in an amount equal to the sum of: |
|
(1) the product of $500 multiplied by the number of |
|
full-time district employees, other than administrators or |
|
classroom teachers, full-time librarians, full-time counselors |
|
certified under Subchapter B, Chapter 21, or full-time school |
|
nurses [employees subject to the minimum salary schedule under
|
|
Section 21.402]; and |
|
(2) the product of $250 multiplied by the number of |
|
part-time district employees, other than administrators. |
|
SECTION 23. Sections 44.004(b), (c), (i), and (j), |
|
Education Code, are amended to read as follows: |
|
(b) The president shall provide for [the publication of] |
|
notice of the budget and proposed tax rate meeting as prescribed by |
|
Section 11.179(a) and may provide for publication of the notice in a |
|
daily, weekly, or biweekly newspaper published in the district. If |
|
no daily, weekly, or biweekly newspaper is published in the |
|
district, the president may [shall] provide for the publication of |
|
notice in at least one newspaper of general circulation in the |
|
county in which the district's central administrative office is |
|
located. Notice under this subsection shall be provided [published] |
|
not earlier than the 30th day or later than the 10th day before the |
|
date of the meeting [hearing]. |
|
(c) A [The] notice of public meeting to discuss and adopt |
|
the budget and the proposed tax rate published in a newspaper under |
|
Subsection (b) may not be smaller than one-quarter page of a |
|
standard-size or a tabloid-size newspaper, and the headline on the |
|
notice must be in 18-point or larger type. Subject to Subsection |
|
(d), [the] notice required under this section must: |
|
(1) contain a statement in the following form: |
|
"NOTICE OF PUBLIC MEETING TO DISCUSS BUDGET AND PROPOSED TAX RATE |
|
"The (name of school district) will hold a public meeting at |
|
(time, date, year) in (name of room, building, physical location, |
|
city, state). The purpose of this meeting is to discuss the school |
|
district's budget that will determine the tax rate that will be |
|
adopted. Public participation in the discussion is invited." The |
|
statement of the purpose of the meeting must be in bold type. In |
|
reduced type, the notice must state: "The tax rate that is |
|
ultimately adopted at this meeting or at a separate meeting at a |
|
later date may not exceed the proposed rate shown below unless the |
|
district provides [publishes a] revised notice containing the same |
|
information and comparisons set out below and holds another public |
|
meeting to discuss the revised notice."; |
|
(2) contain a section entitled "Comparison of Proposed |
|
Budget with Last Year's Budget," which must show the difference, |
|
expressed as a percent increase or decrease, as applicable, in the |
|
amounts budgeted for the preceding fiscal year and the amount |
|
budgeted for the fiscal year that begins in the current tax year for |
|
each of the following: |
|
(A) maintenance and operations; |
|
(B) debt service; and |
|
(C) total expenditures; |
|
(3) contain a section entitled "Total Appraised Value |
|
and Total Taxable Value," which must show the total appraised value |
|
and the total taxable value of all property and the total appraised |
|
value and the total taxable value of new property taxable by the |
|
district in the preceding tax year and the current tax year as |
|
calculated under Section 26.04, Tax Code; |
|
(4) contain a statement of the total amount of the |
|
outstanding and unpaid bonded indebtedness of the school district; |
|
(5) contain a section entitled "Comparison of Proposed |
|
Rates with Last Year's Rates," which must: |
|
(A) show in rows the tax rates described by |
|
Subparagraphs (i)-(iii), expressed as amounts per $100 valuation of |
|
property, for columns entitled "Maintenance & Operations," |
|
"Interest & Sinking Fund," and "Total," which is the sum of |
|
"Maintenance & Operations" and "Interest & Sinking Fund": |
|
(i) the school district's "Last Year's |
|
Rate"; |
|
(ii) the "Rate to Maintain Same Level of |
|
Maintenance & Operations Revenue & Pay Debt Service," which: |
|
(a) in the case of "Maintenance & |
|
Operations," is the tax rate that, when applied to the current |
|
taxable value for the district, as certified by the chief appraiser |
|
under Section 26.01, Tax Code, and as adjusted to reflect changes |
|
made by the chief appraiser as of the time the notice is prepared, |
|
would impose taxes in an amount that, when added to state funds to |
|
be distributed to the district under Chapter 42, would provide the |
|
same amount of maintenance and operations taxes and state funds |
|
distributed under Chapter 42 per student in average daily |
|
attendance for the applicable school year that was available to the |
|
district in the preceding school year; and |
|
(b) in the case of "Interest & Sinking |
|
Fund," is the tax rate that, when applied to the current taxable |
|
value for the district, as certified by the chief appraiser under |
|
Section 26.01, Tax Code, and as adjusted to reflect changes made by |
|
the chief appraiser as of the time the notice is prepared, and when |
|
multiplied by the district's anticipated collection rate, would |
|
impose taxes in an amount that, when added to state funds to be |
|
distributed to the district under Chapter 46 and any excess taxes |
|
collected to service the district's debt during the preceding tax |
|
year but not used for that purpose during that year, would provide |
|
the amount required to service the district's debt; and |
|
(iii) the "Proposed Rate"; |
|
(B) contain fourth and fifth columns aligned with |
|
the columns required by Paragraph (A) that show, for each row |
|
required by Paragraph (A): |
|
(i) the "Local Revenue per Student," which |
|
is computed by multiplying the district's total taxable value of |
|
property, as certified by the chief appraiser for the applicable |
|
school year under Section 26.01, Tax Code, and as adjusted to |
|
reflect changes made by the chief appraiser as of the time the |
|
notice is prepared, by the total tax rate, and dividing the product |
|
by the number of students in average daily attendance in the |
|
district for the applicable school year; and |
|
(ii) the "State Revenue per Student," which |
|
is computed by determining the amount of state aid received or to be |
|
received by the district under Chapters 42, 43, and 46 and dividing |
|
that amount by the number of students in average daily attendance in |
|
the district for the applicable school year; and |
|
(C) contain an asterisk after each calculation |
|
for "Interest & Sinking Fund" and a footnote to the section that, in |
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reduced type, states "The Interest & Sinking Fund tax revenue is |
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used to pay for bonded indebtedness on construction, equipment, or |
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both. The bonds, and the tax rate necessary to pay those bonds, |
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were approved by the voters of this district."; |
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(6) contain a section entitled "Comparison of Proposed |
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Levy with Last Year's Levy on Average Residence," which must: |
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(A) show in rows the information described by |
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Subparagraphs (i)-(iv), rounded to the nearest dollar, for columns |
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entitled "Last Year" and "This Year": |
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(i) "Average Market Value of Residences," |
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determined using the same group of residences for each year; |
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(ii) "Average Taxable Value of Residences," |
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determined after taking into account the limitation on the |
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appraised value of residences under Section 23.23, Tax Code, and |
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after subtracting all homestead exemptions applicable in each year, |
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other than exemptions available only to disabled persons or persons |
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65 years of age or older or their surviving spouses, and using the |
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same group of residences for each year; |
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(iii) "Last Year's Rate Versus Proposed |
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Rate per $100 Value"; and |
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(iv) "Taxes Due on Average Residence," |
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determined using the same group of residences for each year; and |
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(B) contain the following information: "Increase |
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(Decrease) in Taxes" expressed in dollars and cents, which is |
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computed by subtracting the "Taxes Due on Average Residence" for |
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the preceding tax year from the "Taxes Due on Average Residence" for |
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the current tax year; |
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(7) contain the following statement in bold print: |
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"Under state law, the dollar amount of school taxes imposed on the |
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residence of a person 65 years of age or older or of the surviving |
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spouse of such a person, if the surviving spouse was 55 years of age |
|
or older when the person died, may not be increased above the amount |
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paid in the first year after the person turned 65, regardless of |
|
changes in tax rate or property value."; |
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(8) contain the following statement in bold print: |
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"Notice of Rollback Rate: The highest tax rate the district can |
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adopt before requiring voter approval at an election is (the school |
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district rollback rate determined under Section 26.08, Tax Code). |
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This election will be automatically held if the district adopts a |
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rate in excess of the rollback rate of (the school district rollback |
|
rate)."; and |
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(9) contain a section entitled "Fund Balances," which |
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must include the estimated amount of interest and sinking fund |
|
balances and the estimated amount of maintenance and operation or |
|
general fund balances remaining at the end of the current fiscal |
|
year that are not encumbered with or by corresponding debt |
|
obligation, less estimated funds necessary for the operation of the |
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district before the receipt of the first payment under Chapter 42 in |
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the succeeding school year. |
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(i) A school district that uses a certified estimate, as |
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authorized by Subsection (h), may adopt a budget at the public |
|
meeting designated in the notice prepared using the estimate, but |
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the district may not adopt a tax rate before the district receives |
|
the certified appraisal roll for the district required by Section |
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26.01(a), Tax Code. After receipt of the certified appraisal roll, |
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the district must provide [publish a] revised notice and hold |
|
another public meeting before the district may adopt a tax rate that |
|
exceeds: |
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(1) the rate proposed in the notice prepared using the |
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estimate; or |
|
(2) the district's rollback rate determined under |
|
Section 26.08, Tax Code, using the certified appraisal roll. |
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(j) Notwithstanding Subsections (g), (h), and (i), a school |
|
district may adopt a budget after the district adopts a tax rate for |
|
the tax year in which the fiscal year covered by the budget begins |
|
if the district elects to adopt a tax rate before receiving the |
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certified appraisal roll for the district as provided by Section |
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26.05(g), Tax Code. If a school district elects to adopt a tax rate |
|
before adopting a budget, the district must provide [publish] |
|
notice and hold a meeting for the purpose of discussing the proposed |
|
tax rate as provided by this section. Following adoption of the tax |
|
rate, the district must provide [publish] notice and hold another |
|
public meeting before the district may adopt a budget. The |
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comptroller shall prescribe the language and format to be used in |
|
the notices. The school district may use the certified estimate of |
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taxable value in preparing a notice under this subsection. |
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SECTION 24. Subchapter A, Chapter 44, Education Code, is |
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amended by adding Section 44.011 to read as follows: |
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Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees |
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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 25. Section 45.003(a), Education Code, is amended |
|
to read as follows: |
|
(a) Bonds described by Section 45.001 may not be issued and |
|
taxes described by Section 45.001 or 45.002 may not be levied unless |
|
authorized by a majority of the qualified voters of the district, |
|
voting at an election held for that purpose, at the expense of the |
|
district, in accordance with the Election Code, except as provided |
|
by this section. Each election must be called by resolution or |
|
order of the governing board or commissioners court. The |
|
resolution or order must state the date of the election, the |
|
proposition or propositions to be submitted and voted on, the |
|
polling place or places, and any other matters considered necessary |
|
or advisable by the governing board or commissioners court. If an |
|
election under this section is held as a joint election under |
|
Chapter 271, Election Code, the polling places must be designated |
|
in the manner provided by Section 11.0581(c) for polling places in |
|
an election for trustees. |
|
SECTION 26. Section 271.003(b), Election Code, is amended |
|
to read as follows: |
|
(b) The voters of a particular election precinct or |
|
political subdivision may be served in a joint election by a common |
|
polling place located outside the boundary of the election precinct |
|
or political subdivision if the location can adequately and |
|
conveniently serve the affected voters and will facilitate the |
|
orderly conduct of the election, except as otherwise provided by |
|
Section 11.0581, Education Code, or other law. |
|
SECTION 27. Section 825.405, Government Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsection (j) to read |
|
as follows: |
|
(a) For members in a personnel position that would have been |
|
entitled to the minimum salary for certain school personnel under |
|
Section 21.402, Education Code, as that section existed on January |
|
1, 2011, and for members who would have been entitled to the minimum |
|
salary for certain school personnel under former Section 16.056, |
|
Education Code, as that section existed on January 1, 1995, the |
|
employing district shall pay the state's contribution on the |
|
portion of the member's salary that exceeds the statutory minimum |
|
salary, based on the member's years of experience. |
|
(b) For purposes of this section,[:
|
|
[(1)] the statutory minimum salary is the amount |
|
specified below [for certain school personnel under Section 21.402,
|
|
Education Code, is the salary provided by that section] multiplied |
|
by the cost of education adjustment applicable under Section |
|
42.102, Education Code, to the district in which the member is |
|
employed: |
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[; and
|
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[(2)
the statutory minimum salary for members who
|
|
would have been entitled to the minimum salary for certain school
|
|
personnel under former Section 16.056, Education Code, as that
|
|
section existed on January 1, 1995, is a minimum salary computed in
|
|
the same manner as the minimum salary for certain school personnel
|
|
under Section 21.402, Education Code, multiplied by the cost of
|
|
education adjustment applicable under Section 42.102, Education
|
|
Code, to the district in which the member is employed.] |
|
(j) At least once every four years, the Legislative Budget |
|
Board shall review and make recommendations regarding revision of |
|
the portion of the state's contribution for which school districts |
|
are responsible under this section. |
|
SECTION 28. (a) The following provisions of the Education |
|
Code are repealed: |
|
(1) Section 21.401; |
|
(2) Section 21.402; |
|
(3) Section 21.403; |
|
(4) Section 21.4031; |
|
(5) Section 21.410(l); |
|
(6) Section 21.411(l); |
|
(7) Section 21.412(l); |
|
(8) Section 21.413(l); |
|
(9) Section 29.0821(c); and |
|
(10) Section 30.102(b). |
|
(b) Section 823.404, Government Code, is repealed. |
|
SECTION 29. A plan adopted by a school district under |
|
Section 21.4032, Education Code, as added by this Act, may not be |
|
used by the district for determining employee compensation paid |
|
before the 2012-2013 school year. |
|
SECTION 30. The changes in law made by Section 11.179, |
|
Education Code, as added by this Act, and Sections 39.083(d), |
|
39.306(c), and 44.004(b), (c), (i), and (j), Education Code, as |
|
amended by this Act, apply only to notice for a hearing or meeting |
|
for which notice is required to be provided on or after the |
|
effective date of this Act. A notice for a hearing or meeting for |
|
which notice is required to be provided before the effective date of |
|
this Act is governed by the law in effect when the notice is |
|
required to be provided, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 31. (a) Except as provided by Subsection (b) of |
|
this section, this Act applies beginning with the 2011-2012 school |
|
year. |
|
(b) If this Act takes effect on or before April 10, 2011, the |
|
change in law made by Sections 21.103 and 21.206, Education Code, as |
|
amended by this Act, applies beginning with contracts for the |
|
2011-2012 school year. If this Act takes effect after April 10, |
|
2011, the change in law made by Sections 21.103 and 21.206, |
|
Education Code, as amended by this Act, applies beginning with |
|
contracts for the 2012-2013 school year. |
|
SECTION 32. The repeal by this Act of Section 823.404, |
|
Government Code, does not affect equivalent membership service |
|
credit established under that section before the effective date of |
|
this Act. |
|
SECTION 33. 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, 2011. |