By: Callegari H.B. No. 3501
 
 
 
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.  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 2.  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 3.  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 4.  Section 21.402(d), Education Code, is repealed.
         SECTION 5.  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.