Bill Text: TX SB8 | 2011 | 82nd Legislature 1st Special | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2011-07-19 - Effective on . . . . . . . . . . . . . . . [SB8 Detail]

Download: Texas-2011-SB8-Comm_Sub.html

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82S10854 VOO/CAS-D
By: Shapiro, et al. S.B. No. 8
(Eissler)
Substitute the following for S.B. No. 8: No.

A BILL TO BE ENTITLED
AN ACT
relating to the flexibility of the board of trustees of a school
district in the management and operation of public schools in the
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.0031, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) does not hold a valid certificate or permit issued
by the State Board for Educator Certification; [or]
(2) fails to fulfill the requirements necessary to
renew or extend the employee's temporary, probationary, or
emergency certificate or any other certificate or permit issued
under Subchapter B; or
(3) fails to comply with any requirement under
Subchapter C, Chapter 22, if the failure results in suspension or
revocation of the employee's certificate under Section
22.0831(f)(2).
(b) If a school district has knowledge that an [After an
employee receives notice that the] employee's contract is void
under Subsection (a):
(1) the [a school] district may, except as provided by
Subsection (b-1):
(A) terminate the employee;
(B) suspend the employee with or without pay; or
(C) retain the employee for the remainder of the
school year on an at-will employment basis in a position other than
a position required to be held by an employee under a contract under
Section 21.002 [classroom teacher] at the employee's existing rate
of pay or at a reduced rate; and
(2) the employee is not entitled to the minimum salary
prescribed by Section 21.402.
(b-1) A school district may not terminate or suspend under
Subsection (b) an employee whose contract is void under Subsection
(a)(1) or (2) because the employee failed to renew or extend the
employee's certificate or permit if the employee:
(1) requests an extension from the State Board for
Educator Certification to renew, extend, or otherwise validate the
employee's certificate or permit; and
(2) not later than the 10th day after the date the
contract is void, takes necessary measures to renew, extend, or
otherwise validate the employee's certificate or permit, as
determined by the State Board for Educator Certification.
SECTION 2. Subsection (a), Section 21.103, Education Code,
is amended to read as follows:
(a) The board of trustees of a school district may terminate
the employment of a teacher employed under a probationary contract
at the end of the contract period if in the board's judgment the
best interests of the district will be served by terminating the
employment. The board of trustees must give notice of its decision
to terminate the employment to the teacher not later than the last
day on which the spring administration of an assessment instrument
under Section 39.023 may occur during the school year, as
determined by commissioner rule [45th day before the last day of
instruction required under the contract]. The board's decision is
final and may not be appealed.
SECTION 3. Subchapter C, Chapter 21, Education Code, is
amended by adding Section 21.1041 to read as follows:
Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A
teacher is entitled to:
(1) a hearing as provided by Subchapter F, if the
teacher is protesting proposed action under Section 21.104; or
(2) a hearing in a manner provided under Section
21.207 for nonrenewal of a term contract or a hearing provided by
Subchapter F, as determined by the board of trustees of the
district, if the teacher is protesting proposed action to terminate
a probationary contract before the end of the contract period on the
basis of a financial exigency declared under Section 44.011 that
requires a reduction in personnel.
SECTION 4. Section 21.157, Education Code, is amended to
read as follows:
Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher
employed under a continuing contract may be released at the end of a
school year and the teacher's employment with the school district
terminated at that time because of a necessary reduction of
personnel by the school district[, with those reductions made in
the reverse order of seniority in the specific teaching fields].
SECTION 5. Subsection (b), Section 21.159, Education Code,
is amended to read as follows:
(b) A teacher who notifies the board of trustees within the
time prescribed by Subsection (a) is entitled to:
(1) a hearing as provided by Subchapter F, if the
teacher is protesting proposed action under Section 21.156; or
(2) a hearing in a manner provided under Section
21.207 for nonrenewal of a term contract or a hearing provided by
Subchapter F, as determined by the board, if the teacher is
protesting proposed action under Section 21.157 or proposed action
to terminate a term contract at any time on the basis of a financial
exigency declared under Section 44.011 that requires a reduction in
personnel.
SECTION 6. Subsection (a), Section 21.206, Education Code,
is amended to read as follows:
(a) Not later than the last day on which the spring
administration of an assessment instrument under Section 39.023 may
occur during the school year, as determined by commissioner rule
[45th day before the last day of instruction in a school year], the
board of trustees shall notify in writing each teacher whose
contract is about to expire whether the board proposes to renew or
not renew the contract.
SECTION 7. Section 21.207, Education Code, is amended by
adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) Notwithstanding any other provision of this code,
this subsection applies only to a school district with an
enrollment of at least 5,000 students. The board of trustees may
designate an attorney licensed to practice law in this state to hold
the hearing on behalf of the board, to create a hearing record for
the board's consideration and action, and to recommend an action to
the board. The attorney serving as the board's designee may not be
employed by a school district and neither the designee nor a law
firm with which the designee is associated may be serving as an
agent or representative of a school district, of a teacher in a
dispute between a district and a teacher, or of an organization of
school employees, school administrators, or school boards of
trustees. Not later than the 15th day after the completion of the
hearing under this subsection, the board's designee shall provide
to the board a record of the hearing and the designee's
recommendation of whether the contract should be renewed or not
renewed. The board shall consider the record of the hearing and the
designee's recommendation at the first board meeting for which
notice can be posted in compliance with Chapter 551, Government
Code, following the receipt of the record and recommendation from
the board's designee, unless the parties agree in writing to a
different date. At the meeting, the board shall consider the
hearing record and the designee's recommendation and allow each
party to present an oral argument to the board. The board by written
policy may limit the amount of time for oral argument. The policy
must provide equal time for each party. The board may obtain advice
concerning legal matters from an attorney who has not been involved
in the proceedings. The board may accept, reject, or modify the
designee's recommendation. The board shall notify the teacher in
writing of the board's decision not later than the 15th day after
the date of the meeting.
(c) At the hearing before the board or the board's designee,
the teacher may:
(1) be represented by a representative of the
teacher's choice;
(2) hear the evidence supporting the reason for
nonrenewal;
(3) cross-examine adverse witnesses; and
(4) present evidence.
SECTION 8. Section 21.251, Education Code, is amended to
read as follows:
Sec. 21.251. APPLICABILITY. (a) This subchapter applies
if a teacher requests a hearing after receiving notice of the
proposed decision to:
(1) terminate the teacher's continuing contract at any
time, except as provided by Subsection (b)(3);
(2) terminate the teacher's probationary or term
contract before the end of the contract period, except as provided
by Subsection (b)(3); or
(3) suspend the teacher without pay.
(b) This subchapter does not apply to:
(1) a decision to terminate a teacher's employment at
the end of a probationary contract; [or]
(2) a decision not to renew a teacher's term contract,
unless the board of trustees of the employing district has decided
to use the process prescribed by this subchapter for that purpose;
or
(3) a decision, on the basis of a financial exigency
declared under Section 44.011 that requires a reduction in
personnel, to terminate a probationary or term contract before the
end of the contract period or to terminate a continuing contract at
any time, unless the board of trustees has decided to use the
process prescribed by this subchapter for that purpose.
SECTION 9. Section 21.402, Education Code, is amended by
amending Subsection (a) and adding Subsection (i) to read as
follows:
(a) Except as provided by Subsection (d)[, (e),] or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the following minimum monthly
salary, based on the employee's level of experience:
Years of Monthly
Experience Salary
0 2,732
1 2,791
2 2,849
3 2,908
4 3,032
5 3,156
6 3,280
7 3,395
8 3,504
9 3,607
10 3,704
11 3,796
12 3,884
13 3,965
14 4,043
15 4,116
16 4,186
17 4,251
18 4,313
19 4,372
20 & Over 4,427
[in addition to other factors, as determined by commissioner rule,
determined by the following formula:
[MS = SF x FS
where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516, available to a
district eligible to receive state assistance under Section 42.302
with a maintenance and operations tax rate per $100 of taxable value
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by $1.50, except that
the amount of state and local funds per weighted student does not
include the amount attributable to the increase in the guaranteed
level made by Chapter 1187, Acts of the 77th Legislature, Regular
Session, 2001.]
(i) Not later than January 1, 2013, the commissioner shall
review the minimum salary schedule and submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the presiding officer of each legislative standing committee
with primary jurisdiction over primary and secondary education a
written report that recommends the method to be used to determine
the schedule. This subsection expires September 1, 2013.
SECTION 10. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.4021 and 21.4022 to read as follows:
Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section
21.401 and subject to Section 21.4022, the board of trustees of a
school district may, in accordance with district policy, implement
a furlough program and reduce the number of days of service
otherwise required under Section 21.401 by not more than six days of
service during a school year if the commissioner certifies in
accordance with Section 42.009 that the district will be provided
with less state and local funding for that year than was provided to
the district for the 2010-2011 school year.
(b) Notwithstanding Section 21.402, the board of trustees
may reduce the salary of an employee who is furloughed in proportion
to the number of days by which service is reduced, provided that the
furlough program is implemented in compliance with this section.
(b-1) A furlough program must subject all contract
personnel to the same number of furlough days.
(c) An educator may not be furloughed on a day that is
included in the number of days of instruction required under
Section 25.081.
(d) An educator may not use personal, sick, or any other
paid leave while the educator is on a furlough.
(e) A furlough imposed under this section does not
constitute a break in service for purposes of the Teacher
Retirement System of Texas.
(f) Implementation of a furlough program may not result in
an increase in the number of required teacher workdays.
(g) If a board of trustees adopts a furlough program after
the date by which a teacher must give notice of resignation under
Section 21.105, 21.160, or 21.210, as applicable, a teacher who
subsequently resigns is not subject to sanctions imposed by the
State Board for Educator Certification as otherwise authorized by
those sections.
(h) A decision by the board of trustees to implement a
furlough program:
(1) is final and may not be appealed; and
(2) does not create a cause of action or require
collective bargaining.
Sec. 21.4022. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH
PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a) The board of
trustees of a school district may not implement a furlough program
under Section 21.4021 or reduce salaries until the district has
complied with this section.
(b) A school district must use a process to develop a
furlough program or other salary reduction proposal, as applicable,
that:
(1) includes the involvement of the district's
professional staff; and
(2) provides district employees with the opportunity
to express opinions regarding the furlough program or salary
reduction proposal, as applicable, at the public meeting required
by Subsection (c).
(c) The board of trustees must hold a public meeting at
which the board and school district administration present:
(1) information regarding the options considered for
managing the district's available resources, including
consideration of a tax rate increase and use of the district's
available fund balance; and
(2) an explanation of how the district intends,
through implementation of a furlough program under Section 21.4021
or through other salary reductions, as applicable, to limit the
number of district employees who will be discharged or whose
contracts will not be renewed.
(d) Any explanation of a furlough program under Subsection
(c)(2) must state the specific number of furlough days proposed to
be required.
(e) The public and school district employees must be
provided with an opportunity to comment at the public meeting
required under Subsection (c).
SECTION 11. Section 25.112, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) On application of a school district, the commissioner
may except the district from the limit in Subsection (a) if the
commissioner:
(1) finds the limit works an undue hardship on the
district; or
(2) determines that as a result of a reduction in state
funding levels, the amount of state and local funds per weighted
student available to the district is less than the amount of state
and local funds per weighted student available to the district in
the preceding school year.
(d-1) An exception under Subsection (d) expires at the end
of the school year for which it is granted.
SECTION 12. Subsection (a), Section 38.101, Education Code,
is amended to read as follows:
(a) Except as provided by Subsection (b), a school district
annually shall assess the physical fitness of students enrolled in
grade three or higher in a course that satisfies the curriculum
requirements for physical education under Section 28.002(a)(2)(C)
[grades 3 through 12].
SECTION 13. Subchapter A, Chapter 42, Education Code, is
amended by adding Section 42.009 to read as follows:
Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not
later than July 1 of each year, the commissioner shall determine for
each school district whether the estimated amount of state and
local funding per student in weighted average daily attendance to
be provided to the district under the Foundation School Program for
maintenance and operations for the following school year is less
than the amount provided to the district for the 2010-2011 school
year. If the amount estimated to be provided is less, the
commissioner shall certify the percentage decrease in funding to be
provided to the district.
(b) In making the determinations regarding funding levels
required by Subsection (a), the commissioner shall:
(1) make adjustments as necessary to reflect changes
in a school district's maintenance and operations tax rate;
(2) for a district required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level, base the determinations on the district's net funding levels
after deducting any amounts required to be expended by the district
to comply with Chapter 41; and
(3) determine a district's weighted average daily
attendance in accordance with this chapter as it existed on January
1, 2011.
SECTION 14. Subchapter A, Chapter 44, Education Code, is
amended by adding Section 44.011 to read as follows:
Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees
of a school district may adopt a resolution declaring a financial
exigency for the district. The declaration expires at the end of the
fiscal year during which the declaration is made unless the board
adopts a resolution before the end of the fiscal year declaring
continuation of the financial exigency for the following fiscal
year.
(b) The board is not limited in the number of times the board
may adopt a resolution declaring continuation of the financial
exigency.
(c) A board may terminate a financial exigency declaration
at any time if the board considers it appropriate.
(d) Each time the board adopts a resolution under this
section, the board must notify the commissioner. The commissioner
by rule shall prescribe the time and manner in which notice must be
given to the commissioner under this subsection.
SECTION 15. Subchapter F, Chapter 552, Government Code, is
amended by adding Section 552.2661 to read as follows:
Sec. 552.2661. CHARGE FOR COPY OF PUBLIC INFORMATION
PROVIDED BY SCHOOL DISTRICT. A school district is not required to
produce public information for inspection or duplication or to
produce copies of public information in response to a request
unless the requestor has paid the charge from the district for costs
related to producing public information in response to a previous
request from that requestor.
SECTION 16. Subsections (b), (c), (c-1), (c-2), (c-3), (d),
and (e), Section 21.402, Education Code, are repealed.
SECTION 17. 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 on the 91st day after the last day of
the legislative session.