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A BILL TO BE ENTITLED
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AN ACT
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relating to flexibility for public schools to administer primary |
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and secondary education efficiently. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 12.133(b), (b-1), (c), and (d-1), |
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Education Code, are amended to read as follows: |
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(b) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (d), a charter |
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holder that participated in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,500. |
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(b-1) Using state funds received by the charter holder for |
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that purpose under Subsection (d-1), a charter holder that |
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participated in the program under Chapter 1579, Insurance Code, for |
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the 2005-2006 school year shall provide employees of the charter |
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holder, other than administrators, compensation in the form of |
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annual salaries, incentives, or other compensation determined |
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appropriate by the charter holder that results in average |
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compensation increases as follows: |
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(1) for full-time employees other than full-time |
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classroom teachers, full-time librarians, full-time counselors, |
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and full-time nurses [employees who would be entitled to a minimum
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salary under Section 21.402 if employed by a school district], an |
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average increase at least equal to $500; and |
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(2) for part-time employees, an average increase at |
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least equal to $250. |
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(c) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (e), a charter |
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holder that did not participate in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,000. |
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(d-1) In addition to any amounts to which a charter holder |
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is entitled under this chapter, a charter holder that participated |
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in the program under Chapter 1579, Insurance Code, for the |
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2005-2006 school year is entitled to state aid in an amount, as |
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determined by the commissioner, equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time employees other than full-time classroom teachers, |
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full-time librarians, full-time counselors, and full-time nurses |
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[employees who would be entitled to a minimum salary under Section
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21.402 if employed by a school district]; and |
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(2) the product of $250 multiplied by the number of |
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part-time employees. |
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SECTION 2. Section 19.007(f), Education Code, is amended to |
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read as follows: |
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(f) In addition to other amounts received by the district |
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under this section, the district is entitled to state aid in an |
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amount equal to the product of $2,000 multiplied by the number of |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, and full-time school |
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nurses who are employed by the district [and who would be entitled
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to a minimum salary under Section 21.402 if employed by a school
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district operating under Chapter 11]. |
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SECTION 3. Section 19.009(d-1), Education Code, is amended |
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to read as follows: |
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(d-1) Each school year, the district shall pay an amount at |
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least equal to $2,000 to each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, |
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Chapter 21, and full-time school nurse who is employed by the |
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district [and who would be entitled to a minimum salary under
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Section 21.402 if employed by a school district operating under
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Chapter 11]. A payment under this section is in addition to wages |
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the district would otherwise pay the employee during the school |
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year. |
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SECTION 4. Section 21.0031(b), Education Code, is amended |
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to read as follows: |
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(b) After an employee receives notice that the employee's |
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contract is void under Subsection (a),[:
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[(1)] a school district may: |
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(1) [(A)] terminate the employee; |
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(2) [(B)] suspend the employee with or without pay; or |
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(3) [(C)] retain the employee for the remainder of the |
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school year on an at-will employment basis in a position other than |
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classroom teacher at the employee's existing rate of pay or at a |
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reduced rate[; and
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[(2)
the employee is not entitled to the minimum
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salary prescribed by Section 21.402]. |
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SECTION 5. Section 21.103(a), Education Code, is amended to |
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read as follows: |
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(a) The board of trustees of a school district may terminate |
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the employment of a teacher employed under a probationary contract |
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at the end of the contract period if in the board's judgment the |
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best interests of the district will be served by terminating the |
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employment. The board of trustees must give notice of its decision |
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to terminate the employment to the teacher not later than the 15th |
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[45th] day before the last day of instruction required under the |
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contract. The notice must be delivered personally to the teacher or |
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mailed by prepaid certified mail to the teacher's address of record |
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with the district. Notice that is mailed in accordance with this |
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subsection is considered given at the time of mailing. The board's |
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decision is final and may not be appealed. |
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SECTION 6. Subchapter C, Chapter 21, Education Code, is |
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amended by adding Section 21.1041 to read as follows: |
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Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A |
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teacher is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.104; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board of trustees of the |
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district, if the teacher is protesting proposed action to terminate |
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a probationary contract before the end of the contract period on the |
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basis of a financial exigency declared under Section 44.011 that |
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requires a reduction in personnel. |
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SECTION 7. Section 21.157, Education Code, is amended to |
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read as follows: |
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Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher |
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employed under a continuing contract may be released at the end of a |
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school year and the teacher's employment with the school district |
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terminated at that time because of a necessary reduction of |
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personnel by the school district[, with those reductions made in
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the reverse order of seniority in the specific teaching fields]. |
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SECTION 8. Section 21.159(b), Education Code, is amended to |
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read as follows: |
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(b) A teacher who notifies the board of trustees within the |
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time prescribed by Subsection (a) is entitled to: |
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(1) a hearing as provided by Subchapter F, if the |
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teacher is protesting proposed action under Section 21.156; or |
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(2) a hearing in a manner provided under Section |
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21.207 for nonrenewal of a term contract or a hearing provided by |
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Subchapter F, as determined by the board, if the teacher is |
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protesting proposed action under Section 21.157 or proposed action |
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to terminate a term contract at any time on the basis of a financial |
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exigency declared under Section 44.011 that requires a reduction in |
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personnel. |
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SECTION 9. Section 21.206(a), Education Code, is amended to |
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read as follows: |
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(a) Not later than the 15th [45th] day before the last day of |
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instruction in a school year, the board of trustees shall notify in |
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writing each teacher whose contract is about to expire whether the |
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board proposes to renew or not renew the contract. The notice must |
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be delivered personally to the teacher or mailed by prepaid |
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certified mail to the teacher's address of record with the |
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district. Notice that is mailed in accordance with this subsection |
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is considered given at the time of mailing. |
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SECTION 10. Section 21.207, Education Code, is amended by |
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adding Subsection (b-1) and amending Subsection (c) to read as |
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follows: |
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(b-1) The board of trustees may designate an attorney |
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licensed to practice law in this state to hold the hearing on behalf |
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of the board, to create a hearing record for the board's |
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consideration and action, and to recommend an action to the board. |
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The attorney serving as the board's designee may not be employed by |
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a school district and neither the designee nor a law firm with which |
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the designee is associated may be serving as an agent or |
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representative of a school district, of a teacher in a dispute |
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between a district and a teacher, or of an organization of school |
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employees, school administrators, or school boards of trustees. |
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Not later than the 15th day after the completion of the hearing |
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under this subsection, the board's designee shall provide to the |
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board a record of the hearing and the designee's recommendation of |
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whether the contract should be renewed or not renewed. The board |
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shall consider the record of the hearing and the designee's |
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recommendation at the first board meeting for which notice can be |
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posted in compliance with Chapter 551, Government Code, following |
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the receipt of the record and recommendation from the board's |
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designee, unless the parties agree in writing to a different date. |
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At the meeting, the board shall consider the hearing record and the |
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designee's recommendation and allow each party to present an oral |
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argument to the board. The board by written policy may limit the |
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amount of time for oral argument. The policy must provide equal time |
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for each party. The board may obtain advice concerning legal |
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matters from an attorney who has not been involved in the |
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proceedings. The board may accept, reject, or modify the designee's |
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recommendation. The board shall notify the teacher in writing of |
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the board's decision not later than the 15th day after the date of |
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the meeting. |
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(c) At the hearing before the board or the board's designee, |
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the teacher may: |
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(1) be represented by a representative of the |
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teacher's choice; |
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(2) hear the evidence supporting the reason for |
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nonrenewal; |
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(3) cross-examine adverse witnesses; and |
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(4) present evidence. |
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SECTION 11. Section 21.211, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) A teacher whose term contract is terminated under |
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Subsection (a)(2) before the end of the contract period may request |
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a hearing before the board of trustees or the board's designee as |
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provided by Section 21.207 for a hearing on a proposed nonrenewal of |
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a contract. A teacher who is aggrieved by a decision of the board or |
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the board's designee at a hearing under this subsection may appeal |
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to the commissioner for review of the decision in accordance with |
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Subchapter G. The commissioner may not substitute the |
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commissioner's judgment for that of the board of trustees or the |
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board's designee unless the decision of the board or the board's |
|
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designee was not supported by substantial evidence based on the |
|
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record made at the hearing before the board or the board's designee. |
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SECTION 12. Section 21.251, Education Code, is amended to |
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read as follows: |
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Sec. 21.251. APPLICABILITY. (a) This subchapter applies |
|
|
if a teacher requests a hearing after receiving notice of the |
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proposed decision to: |
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(1) terminate the teacher's continuing contract at any |
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|
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 |
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(3) suspend the teacher without pay. |
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(b) This subchapter does not apply to: |
|
|
(1) a decision to terminate a teacher's employment at |
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|
the end of a probationary contract; [or] |
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|
(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; |
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or |
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(3) a decision, on the basis of a financial exigency |
|
|
declared under Section 44.011 that requires a reduction in |
|
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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 |
|
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process prescribed by this subchapter for that purpose. |
|
|
SECTION 13. Section 21.4031, Education Code, is amended by |
|
|
amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) In this section, "service[:
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[(1)
"Salary schedule" means the minimum salary
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schedule under Section 21.402 or a comparable salary schedule used
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by a school district that specifies salary amounts based on an
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employee's level of experience.
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[(2) "Service] record" means a school district |
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document that indicates the total years of service provided to the |
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district by a classroom teacher, librarian, counselor, or nurse. |
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(c) If a school district fails to provide an individual's |
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service record as required by Subsection (b), the agency shall, to |
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the extent that information is available to the agency, provide the |
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employing school district with the information [sufficient to
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enable the district to determine proper placement of the individual
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on the district's salary schedule]. |
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(d) The commissioner shall adopt rules for determining the |
|
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experience as a classroom teacher, librarian, counselor, or nurse |
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for a school district for which an individual is to be given credit |
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for years of service for purposes of a service record. Each |
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district shall maintain service records in accordance with |
|
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commissioner rules adopted under this subsection. A district is |
|
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not required to use commissioner rules adopted under this |
|
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subsection in creating a local compensation plan under Section |
|
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21.4032. |
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SECTION 14. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Section 21.4032 to read as follows: |
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Sec. 21.4032. LOCAL COMPENSATION PLAN. (a) Except as |
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provided under Subsection (g), a school district shall adopt a |
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strategic plan for determining the compensation of the district's |
|
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, and full-time school nurses. A |
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district's strategic compensation plan must be designed to recruit, |
|
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reward, and retain effective classroom teachers, librarians, |
|
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counselors, and nurses. |
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(b) In developing a plan under Subsection (a), a school |
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district shall consider including provisions under which the |
|
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district may analyze any of several factors when determining |
|
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compensation, including, as applicable: |
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(1) demonstrated effectiveness in improving student |
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achievement; |
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(2) service as a mentor for other classroom teachers; |
|
|
(3) assumption of responsibilities in addition to |
|
|
regular duties; |
|
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(4) results of performance evaluations; |
|
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(5) whether a classroom teacher teaches in a subject |
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area or position that is an acute shortage area as determined by the |
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board of trustees of the district, if the classroom teacher meets |
|
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state and federal qualifications to teach in that subject area or |
|
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position; |
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(6) whether a classroom teacher teaches a greater |
|
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number of students than the average teacher in the district; |
|
|
(7) whether an employee teaches at or is assigned to a |
|
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district school at which, as determined by the board of trustees of |
|
|
the district, the district has difficulty hiring or retaining |
|
|
classroom teachers or other professional employees; or |
|
|
(8) other job-related duties, as determined by the |
|
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district. |
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(c) A school district must adopt a process to consider input |
|
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from classroom teachers, librarians, counselors, and nurses before |
|
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adoption or revision of a plan under Subsection (a). |
|
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(d) A plan adopted under Subsection (a) may provide for |
|
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nonfinancial compensation, including flexible scheduling or |
|
|
additional leave, and compensation for employees who meet |
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campus-wide goals. |
|
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(e) A plan adopted under Subsection (a) may not consider |
|
|
athletic coaching or other athletic performance or achievement in |
|
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determining compensation. Payment for service as a coach or with |
|
|
regard to extracurricular activities must be determined separately |
|
|
from the plan. |
|
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(f) A plan adopted under Subsection (a) may not provide for |
|
|
an annual salary of a classroom teacher, full-time librarian, |
|
|
full-time counselor certified under Subchapter B, or full-time |
|
|
school nurse that is less than the minimum salary prescribed by |
|
|
Section 21.4033. |
|
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(g) A school district that, before the effective date of a |
|
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law requiring adoption of such a plan, adopted a strategic |
|
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compensation plan to recruit, reward, and retain effective |
|
|
classroom teachers, librarians, counselors, and nurses is not |
|
|
required to adopt a strategic compensation plan under this section. |
|
|
SECTION 15. Subchapter I, Chapter 21, Education Code, is |
|
|
amended by adding Section 21.4033 to read as follows: |
|
|
Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL |
|
|
STAFF. A school district shall pay each district classroom |
|
|
teacher, full-time librarian, full-time counselor certified under |
|
|
Subchapter B, or full-time school nurse not less than an annual |
|
|
salary of $27,320. |
|
|
SECTION 16. Section 21.4551(e), Education Code, is amended |
|
|
to read as follows: |
|
|
(e) From funds appropriated for that purpose, a teacher who |
|
|
attends a reading academy is entitled to receive a stipend in the |
|
|
amount determined by the commissioner. [A stipend received under
|
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|
this subsection is not considered in determining whether a district
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|
is paying the teacher the minimum monthly salary under Section
|
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|
21.402.] |
|
|
SECTION 17. Section 22.107(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) A school district shall pay each full-time district |
|
|
employee, other than an administrator or a classroom teacher, |
|
|
full-time librarian, full-time counselor certified under |
|
|
Subchapter B, Chapter 21, or full-time school nurse [an employee
|
|
|
subject to the minimum salary schedule under Section 21.402], an |
|
|
amount at least equal to $500. |
|
|
SECTION 18. Section 25.112, Education Code, is amended by |
|
|
amending Subsection (d) and adding Subsections (d-1) and (e-1) to |
|
|
read as follows: |
|
|
(d) On application of a school district, the commissioner |
|
|
shall [may] except the district from the limit in Subsection (a), |
|
|
except as provided by Subsection (d-1) [if the commissioner finds
|
|
|
the limit works an undue hardship on the district]. An exception |
|
|
expires at the end of the school year for which it is granted. |
|
|
(d-1) The commissioner may not grant an exception to a |
|
|
school district under Subsection (d) if the exception would: |
|
|
(1) allow the district to enroll more than 25 students |
|
|
in a class at a grade level subject to the limit in Subsection (a); |
|
|
(2) result in the district exceeding a district-wide |
|
|
average enrollment of 22 students in classes at grade levels |
|
|
subject to the limit under Subsection (a); or |
|
|
(3) negatively affect the education of students |
|
|
enrolled in the district or at a district campus, as applicable, as |
|
|
determined by the commissioner. |
|
|
(e-1) The board of trustees of a school district may adopt a |
|
|
policy authorizing the superintendent of the district to apply on |
|
|
behalf of the district, as needed, for an exception under |
|
|
Subsection (d). |
|
|
SECTION 19. Section 25.113(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) 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 or |
|
|
shall post notice of the exception on the district's Internet |
|
|
website. The notice under this subsection must be in conspicuous |
|
|
bold or underlined print or type 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) unless posted on the district's Internet website, |
|
|
be included in a regular mailing or other communication from the |
|
|
campus or district, such as information sent home with students. |
|
|
SECTION 20. Section 28.0211(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) Each time a student fails to perform satisfactorily on |
|
|
an assessment instrument specified under Subsection (a), the school |
|
|
district in which the student attends school shall provide to the |
|
|
student accelerated instruction in the applicable subject area, |
|
|
including reading instruction for a student who fails to perform |
|
|
satisfactorily on a reading assessment instrument. After a student |
|
|
fails to perform satisfactorily on an assessment instrument a |
|
|
second time, a grade placement committee shall be established to |
|
|
prescribe the accelerated instruction the district shall provide to |
|
|
the student before the student is administered the assessment |
|
|
instrument the third time. The grade placement committee shall be |
|
|
composed of the principal or the principal's designee, the |
|
|
student's parent or guardian, and the teacher of the subject of an |
|
|
assessment instrument on which the student failed to perform |
|
|
satisfactorily. The district shall notify the parent or guardian |
|
|
of the time and place for convening the grade placement committee |
|
|
and the purpose of the committee. [An accelerated instruction
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group administered by a school district under this section may not
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have a ratio of more than 10 students for each teacher.] |
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SECTION 21. Section 30.022(f), Education Code, is amended |
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to read as follows: |
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(f) Before the beginning of each fiscal year, the board |
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shall adopt a calendar for the school's operation that provides for |
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at least[:
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[(1)] the minimum number of days of instruction |
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required by Section 25.081[; and
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[(2)
the minimum number of days of service required by
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Section 21.401]. |
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SECTION 22. Section 30.052(f), Education Code, is amended |
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to read as follows: |
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(f) Before the beginning of each fiscal year, the board |
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shall adopt a calendar for the school's operation that: |
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(1) provides for at least[:
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[(1)] the minimum number of days of instruction |
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required by Section 25.081; and |
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(2) is consistent with the number of days of service in |
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contracts between the school and classroom teachers [the minimum
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number of days of service required by Section 21.401]. |
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SECTION 23. Section 42.2513(a), Education Code, is amended |
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to read as follows: |
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(a) A school district, including a school district that is |
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otherwise ineligible for state aid under this chapter, is entitled |
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to state aid in an amount equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time district employees, other than administrators or |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, or full-time school |
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nurses [employees subject to the minimum salary schedule under
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Section 21.402]; and |
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(2) the product of $250 multiplied by the number of |
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part-time district employees, other than administrators. |
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SECTION 24. Subchapter A, Chapter 44, Education Code, is |
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amended by adding Section 44.011 to read as follows: |
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Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees |
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of a school district may adopt a resolution declaring a financial |
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exigency for the district. The declaration expires at the end of the |
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fiscal year during which the declaration is made unless the board |
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|
adopts a resolution before the end of the fiscal year declaring |
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|
continuation of the financial exigency for the following fiscal |
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|
year. |
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(b) The board is not limited in the number of times the board |
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|
may adopt a resolution declaring continuation of the financial |
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exigency. |
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(c) A board may terminate a financial exigency declaration |
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at any time if the board considers it appropriate. |
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|
(d) Each time the board adopts a resolution under this |
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|
section, the board must notify the commissioner. The commissioner |
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by rule shall prescribe the time and manner in which notice must be |
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given to the commissioner under this subsection. |
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SECTION 25. Section 825.405, Government Code, is amended by |
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|
amending Subsections (a) and (b) and adding Subsection (j) to read |
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as follows: |
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(a) For members in a personnel position that would have been |
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|
entitled to the minimum salary for certain school personnel under |
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|
Section 21.402, Education Code, as that section existed on January |
|
|
1, 2011, and for members who would have been entitled to the minimum |
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|
salary for certain school personnel under former Section 16.056, |
|
|
Education Code, as that section existed on January 1, 1995, the |
|
|
employing district shall pay the state's contribution on the |
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|
portion of the member's salary that exceeds the statutory minimum |
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|
salary, based on the member's years of experience. |
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|
(b) For purposes of this section,[:
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|
[(1)] the statutory minimum salary is the amount |
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|
specified below [for certain school personnel under Section 21.402,
|
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|
Education Code, is the salary provided by that section] multiplied |
|
|
by the cost of education adjustment applicable under Section |
|
|
42.102, Education Code, to the district in which the member is |
|
|
employed: |
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[; and
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[(2)
the statutory minimum salary for members who
|
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|
would have been entitled to the minimum salary for certain school
|
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|
personnel under former Section 16.056, Education Code, as that
|
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|
section existed on January 1, 1995, is a minimum salary computed in
|
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|
the same manner as the minimum salary for certain school personnel
|
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|
under Section 21.402, Education Code, multiplied by the cost of
|
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|
education adjustment applicable under Section 42.102, Education
|
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|
Code, to the district in which the member is employed.] |
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|
(j) At least once every four years, the Legislative Budget |
|
|
Board shall review and make recommendations regarding revision of |
|
|
the portion of the state's contribution for which school districts |
|
|
are responsible under this section. |
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|
SECTION 26. (a) The following provisions of the Education |
|
|
Code are repealed: |
|
|
(1) Section 21.401; |
|
|
(2) Section 21.402; |
|
|
(3) Section 21.403; |
|
|
(4) Section 21.410(l); |
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|
(5) Section 21.411(l); |
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|
(6) Section 21.412(l); |
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|
(7) Section 21.413(l); |
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|
(8) Section 29.0821(c); and |
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|
(9) Section 30.102(b). |
|
|
(b) Section 823.404, Government Code, is repealed. |
|
|
SECTION 27. A plan adopted by a school district under |
|
|
Section 21.4032, Education Code, as added by this Act, may not be |
|
|
used by the district for determining employee compensation paid |
|
|
before the 2012-2013 school year. |
|
|
SECTION 28. This Act applies beginning with the 2011-2012 |
|
|
school year. |
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|
SECTION 29. The repeal by this Act of Section 823.404, |
|
|
Government Code, does not affect equivalent membership service |
|
|
credit established under that section before the effective date of |
|
|
this Act. |
|
|
SECTION 30. 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. |
