


A BILL TO BE ENTITLED


AN ACT


relating to the minimum number of days of service for public school 

educators and the required number of days of instruction for public 

school students. 

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

SECTION 1. Section 21.401, Education Code, is amended by 

adding Subsection (c1) to read as follows: 

(c1) A school district, in accordance with Section 

25.081(c), may reduce the number of days of service required by this 

section. Notwithstanding Section 21.402, the school district may 

reduce an educator's salary in proportion to the reduction in the 

number of days of instruction for students under Section 25.081(c). 

SECTION 2. Section 25.081, Education Code, is amended by 

amending Subsection (a) and adding Subsection (c) to read as 

follows: 

(a) Except as authorized under [Subsection (b) 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. 

(c) A school district may reduce the number of days of 

instruction for students required under Subsection (a) by not more 

than 10 days each school year. The district is not required to 

obtain a waiver under Section 7.056 to reduce the number of days of 

instruction for students as provided by this subsection. 

SECTION 3. Section 42.005(a), Education Code, is amended to 

read as follows: 

(a) In this chapter, average daily attendance is: 

(1) the quotient of the sum of attendance for each day 

of the minimum number of days of instruction as described under 

Section 25.081(a) divided by the minimum number of days of 

instruction; 

(2) for a district that operates under a flexible year 

program under Section 29.0821, the quotient of the sum of 

attendance for each actual day of instruction as permitted by 

Section 29.0821(b)(1) divided by the number of actual days of 

instruction as permitted by Section 29.0821(b)(1); [or] 

(3) for a district that operates under a flexible 

school day program under Section 29.0822, the average daily 

attendance as calculated by the commissioner in accordance with 

Section 29.0822(d); or 

(4) for a district that reduces the number of days of 

instruction for students under Section 25.081(c), the quotient of 

the sum of attendance for each actual day of instruction as 

permitted by Section 25.081(c) divided by the number of actual days 

of instruction as permitted by Section 25.081(c). 

SECTION 4. This Act applies beginning with the 20112012 

school year. 

SECTION 5. This Act takes effect immediately if it receives 

a vote of twothirds 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. 