89R3989 TSS-D

By: Darby H.B. No. 3190

A BILL TO BE ENTITLED

AN ACT

relating to school personnel and public school operations, including the eligibility of certain employees for unemployment compensation benefits.

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

SECTION 1. Section 12A.004(a), Education Code, is amended to read as follows:

(a) A local innovation plan may not provide for the exemption of a district designated as a district of innovation from the following provisions of this title:

(1) a state or federal requirement applicable to an open-enrollment charter school operating under Subchapter D, Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that a district may be exempt from Sections 11.1511(b)(5) and (14) and Section 11.162;

(3) requirements related to class size limits under Section 25.112 and notice regarding class size under Section 25.113;

(4) state curriculum and graduation requirements adopted under Chapter 28; and

(5) [(4)] academic and financial accountability and sanctions under Chapters 39 and 39A.

SECTION 2. Section 21.401, Education Code, is amended by adding Subsection (e) to read as follows:

(e) A contract between a school district and a classroom teacher may not require the teacher to work more than 510 minutes during each day of service.

SECTION 3. Section 25.113, Education Code, is amended to read as follows:

Sec. 25.113. NOTICE OF CLASS SIZE. (a) Not later than the 31st day after the first day of the school year, a school district shall post on the district's Internet website the class size of each elementary school class in the district, organized by grade level.

(a-1) 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 in conspicuous bold or underlined print and:

(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; and

(3) be included in a regular mailing or other communication from the campus or district, such as information sent home with students.

(b) The notice required by Subsection (a-1) [(a)] must be provided not later than the 31st day after:

(1) the first day of the school year; or

(2) the date the exception is granted, if the exception is granted after the beginning of the school year.

SECTION 4. Section 37.113, Education Code, is amended to read as follows:

Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to:

(1) the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable; and

(2) each teacher who is employed at the campus or whose duties require regular visitation to the facility, as applicable.

SECTION 5. Subchapter A, Chapter 38, Education Code, is amended by adding Sections 38.0085 and 38.045 to read as follows:

Sec. 38.0085. POSTING OF NURSE AVAILABILITY. Each school district and open-enrollment charter school shall post on the district's or school's Internet website the days and hours during which a nurse is present and available to students at each campus in the district.

Sec. 38.045. CUSTODIAN WORKLOAD POLICY. (a) The board of trustees of each school district shall adopt a policy regarding custodian workload for district facilities. The policy must establish benchmarks for the amount of square feet that may be assigned to a properly equipped school custodian for maintenance and custodial services during an eight-hour shift.

(b) The board must provide benchmarks under Subsection (a) categorized by elementary, middle, and high school campuses, and other district facilities.

(c) The school district shall post the policy adopted under this section on the school district's Internet website.

SECTION 6. Section 207.041, Labor Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Subsection (b) does not apply to an individual if the services performed by the individual for an educational institution consist only of driving a school bus transporting students to and from school or a school-sponsored or school-related activity.

SECTION 7. Section 12A.004(a), Education Code, as amended by this Act, applies to each local innovation plan adopted under Chapter 12A, Education Code, regardless of whether the plan was adopted before, on, or after the effective date of this Act. A local innovation plan adopted or renewed before the effective date of this Act must comply with Section 12A.004(a), Education Code, as amended by this Act, not later than September 1, 2025.

SECTION 8. Section 21.401(e), Education Code, as added by this Act, applies only to a contract executed on or after the effective date of this Act. A contract executed before the effective date of this Act is governed by the law in effect on the day the contract was executed, and the former law is continued in effect for that purpose.

SECTION 9. Section 207.041(b-1), Labor Code, as added by this Act, applies only to a claim for unemployment compensation benefits filed with the Texas Workforce Commission on or after the effective date of this Act. A claim filed before the effective date of this Act is governed by the law in effect on the date the claim was filed, and the former law is continued in effect for that purpose.

SECTION 10. The amendments by this Act to the Education Code apply beginning with the 2025-2026 school year.

SECTION 11. 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, 2025.