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A BILL TO BE ENTITLED
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AN ACT
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relating to school district personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.401, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (e) to read as |
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follows: |
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(b) Except as provided by Subsection (e), an [An] educator
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employed under a 10-month contract must provide a minimum of 187 |
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days of service. |
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(c) The commissioner, as provided by Section 25.081(b), may |
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reduce the number of days of service required by this section. A |
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reduction by the commissioner does not reduce an educator's salary. |
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(d) Subsections (a) and (b) do not apply to a contract |
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between a school district and an educational diagnostician. |
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(e) Notwithstanding any other provision in this Code, the |
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board of trustees of a school district may reduce the length of |
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service required under an educator contract if the board has |
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determined that a decrease in state funds available per weighted |
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student necessitates a reduction in the length of the instructional |
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year or in the number of days of service required by the educator. |
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The board may reduce the length of service by up to seven |
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instructional days, non-instructional days, or a combination of the |
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two. The salary of the educator may be reduced by an amount |
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corresponding to the reduction in length of service. |
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SECTION 2. Section 22.003(a)(1), Education Code, is amended |
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to read as follows: |
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(a) A state minimum personal leave program consisting of |
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five days per year personal leave with no limit on accumulation and |
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transferable among districts shall be provided for school district |
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employees. School districts may provide additional personal leave |
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beyond this minimum. The board of trustees of a school district may |
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adopt a policy governing an employee's use of personal leave |
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granted under this subsection, except that the policy may not |
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restrict: |
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(1) the purposes for which the leave may be used, except |
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that the board by local policy may restrict the use of state |
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personal leave on days designated for furloughs under Section |
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21.401, Education Code; or
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(2) the order in which an employee may use the state minimum |
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personal leave and any additional personal leave provided by the |
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school district. |
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SECTION 3. Section 25.081, Education Code, is amended by to |
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read as follows: |
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(a) Except as authorized under Subsections (b) and (c) of
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this section, Section 25.084, or Section 29.0821, for each school |
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year each school district must operate so that the district |
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provides for at least 180 days of instruction for students. |
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(b) The commissioner may approve the instruction of |
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students for fewer than the number of days required under |
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Subsection (a) if disaster, flood, extreme weather conditions, fuel |
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curtailment, or another calamity causes the closing of schools. |
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(c) If the board of trustees of a school district has |
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determined that a decrease in state funds available per weighted |
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student necessitates a reduction in the instructional year, the |
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board may reduce the number of days of instruction required under |
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Subsection (a). The board may adjust educator contracts as |
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provided at Section 21.401(e). |
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SECTION 4. Section 21.402(d), Education Code, is repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |