87R7030 MM-D

By: Hinojosa S.B. No. 1011

A BILL TO BE ENTITLED

AN ACT

relating to measures to mitigate the effects of a disaster on public schools, including personal leave provided for certain public school employees, the temporary suspension of certain accountability determinations and promotion or graduation criteria, the calculation of average daily attendance for the 2020-2021 school year, and a study on methods to reduce truancy rates.

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

SECTION 1. Section 22.003, Education Code, is amended by adding Subsections (a-1) and (a-2) and amending Subsection (c-1) to read as follows:

(a-1) In addition to all other days of leave provided by this section or by a school district or open-enrollment charter school, an employee of a school district or open-enrollment charter school who tests positive for a disease that is the basis for a disaster declared by the governor under Section 418.014, Government Code, for all or part of the state is entitled to not less than 14 days of leave for compensation following the positive test result. Days of leave taken under this subsection may not be deducted from accrued personal leave or leave that the employee is entitled to under the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.).

(a-2) In addition to all other days of leave provided by this section or by a school district or open-enrollment charter school, an employee employed by a school district or open-enrollment charter school for the 2021-2022 school year who was also employed by the district or school for the 2020-2021 school year is entitled to the number of days of leave, not to exceed 14 days, equal to the number of days during the 2020-2021 school year for which the employee used leave due to testing positive for the coronavirus disease (COVID-19). This subsection expires September 1, 2022.

(c-1) Any informational handbook a school district provides to employees in an electronic or paper form or makes available by posting on the district website must include notification of an employee's rights under Subsections (a-1) and [Subsection] (b) in the relevant section of the handbook. Any form used by a school district through which an employee may request leave under this section must include disaster leave under Subsection (a-1) and assault leave under Subsection (b) as options [an option].

SECTION 2. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0239 to read as follows:

Sec. 39.0239. TEMPORARY SUSPENSION OF CERTAIN ACCOUNTABILITY MEASURES DURING DISASTER. Notwithstanding other law, for any school year in which a school district's operations, including in-person attendance, are disrupted as a result of a disaster declared by the governor under Chapter 418, Government Code, the commissioner may not consider the results of any assessment instruments administered under Section 39.023 to students enrolled in the district during that school year for purposes of:

(1) evaluating school district or campus performance under this chapter for the affected district for that school year, including in determining:

(A) the performance rating to assign to the district or the district's campuses under Section 39.054; or

(B) whether to impose any intervention or sanction authorized by Chapter 39A after that school year on the district or the district's campuses; or

(2) determining a student's qualification for promotion or graduation.

SECTION 3. Section 48.005, Education Code, is amended by adding Subsection (d-1) to read as follows:

(d-1) Notwithstanding other law, for the 2020-2021 school year, each school district or open-enrollment charter school shall be funded on the basis of the greater of the average daily attendance in the district or school for the 2019-2020 school year or the 2020-2021 school year. This subsection expires September 1, 2023.

SECTION 4. (a) The commissioner of education shall establish a task force to study methods to reduce the rates of truancy in public schools in this state.

(b) The commissioner of education shall appoint members of the task force. The task force must include one or more:

(1) representatives from the Texas Education Agency;

(2) justices of the peace;

(3) public school officials;

(4) parents of public school students; and

(5) public school teachers.

(c) The task force shall prepare a written report that includes:

(1) a description of the activities of the task force;

(2) an analysis of truancy rates in the state, including the impact of disasters on truancy rates, and methods to reduce those rates;

(3) recommendations for legislative or other action; and

(4) any other matters the task force considers appropriate.

(d) Not later than June 1, 2022, the task force shall submit the written report to the governor, lieutenant governor, chairs of the standing legislative committees with primary jurisdiction over public education, and commissioner of education.

(e) This section expires September 1, 2023.

SECTION 5. (a) Section 22.003, Education Code, as amended by this Act, applies beginning with the 2021-2022 school year.

(b) Section 39.0239, Education Code, as added by this Act, applies beginning with assessment instruments administered during the 2020-2021 school year.

SECTION 6. 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, 2021.