Toth’s bill guaranteeing teachers a yearly work calendar

The text as introduced · 2,564 words

By: Toth
H.B. No. 4146

A BILL TO BE ENTITLED

AN ACT

relating to the rights of public school educators and assistance

provided to public schools by the Texas Education Agency related to

public school educators.

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

SECTION 1. Section 11.1513, Education Code, is amended by

adding Subsection (l) to read as follows:

(l) The employment policy must provide that:

(1) before the beginning of each school year, the

district shall provide a duty calendar for certain professional

staff as required by Section 11.15131; and

(2) for purposes of determining the amount of a

reduction in the salary of a classroom teacher, full-time

counselor, or full-time librarian for unpaid leave, the employee's

daily rate of pay is computed by dividing the employee's annual

salary by the number of days the employee is expected to work for

that school year as provided by the district's duty calendar

adopted under Section 11.15131.

SECTION 2. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.15131 to read as follows:

Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL

STAFF. (a) In this section, "supplemental duty" means a duty other

than a duty assigned under an employee's contract that is generally

expected to be performed during an instructional day and which may

be governed by an agreement, other than the employee's contract,

between the district and the employee.

(b) Not later than the 15th day before the first

instructional day of each school year, the board of trustees of a

school district shall adopt and provide to each classroom teacher,

full-time counselor, and full-time librarian employed by the

district a calendar that specifies the days each employee is

expected to work for that school year, including the days on which

the employee is expected to perform supplemental duties for more

than 30 minutes outside of the instructional day, and except for

days on which the employee may be required to spend time on an

unanticipated duty outside of the instructional day to comply with

a state or federal law.

SECTION 3. Section 21.105, Education Code, is amended by

amending Subsection (c) and adding Subsection (g) to read as

follows:

(c) Subject to Subsections (e) , [ and ] (f), and (g), on

written complaint by the employing district, the State Board for

Educator Certification may impose sanctions against a teacher

employed under a probationary contract who:

(1) resigns;

(2) fails without good cause to comply with Subsection

(a) or (b); and

(3) fails to perform the contract.

(g) The State Board for Educator Certification may not

impose a sanction under Subsection (c) against a teacher who

relinquishes a position under a probationary contract and leaves

the employment of the district after the 45th day before the first

day of instruction for the upcoming school year in violation of

Subsection (a) and without the consent of the board of trustees

under Subsection (b) if the teacher's failure to comply with

Subsection (a) was due to:

(1) a serious illness or health condition of the

teacher or a close family member of the teacher;

(2) the teacher's relocation because the teacher's

spouse or a partner who resides with the teacher changes employers;

(3) a significant change in the needs of the teacher's

family in a manner that requires the teacher to:

(A) relocate; or

(B) forgo employment during a period of required

employment under the teacher's contract; or

(4) the teacher's reasonable belief that the teacher

had written permission from the school district's administration to

resign.

SECTION 4. Section 21.160, Education Code, is amended by

amending Subsection (c) and adding Subsection (g) to read as

follows:

(c) Subject to Subsections (e) , [ and ] (f), and (g), on

written complaint by the employing district, the State Board for

Educator Certification may impose sanctions against a teacher who

is employed under a continuing contract that obligates the district

to employ the person for the following school year and who:

(1) resigns;

(2) fails without good cause to comply with Subsection

(a) or (b); and

(3) fails to perform the contract.

(g) The State Board for Educator Certification may not

impose a sanction under Subsection (c) against a teacher who

relinquishes a position under a continuing contract and leaves the

employment of the district after the 45th day before the first day

of instruction of the upcoming school year in violation of

Subsection (a) and without the consent of the board of trustees

under Subsection (b) if the teacher's failure to comply with

Subsection (a) was due to:

(1) a serious illness or health condition of the

teacher or a close family member of the teacher;

(2) the teacher's relocation because the teacher's

spouse or a partner who resides with the teacher changes employers;

(3) a significant change in the needs of the teacher's

family in a manner that requires the teacher to:

(A) relocate; or

(B) forgo employment during a period of required

employment under the teacher's contract; or

(4) the teacher's reasonable belief that the teacher

had written permission from the school district's administration to

resign.

SECTION 5. Section 21.210, Education Code, is amended by

amending Subsection (c) and adding Subsection (g) to read as

follows:

(c) Subject to Subsections (e) , [ and ] (f), and (g), on

written complaint by the employing district, the State Board for

Educator Certification may impose sanctions against a teacher who

is employed under a term contract that obligates the district to

employ the person for the following school year and who:

(1) resigns;

(2) fails without good cause to comply with Subsection

(a) or (b); and

(3) fails to perform the contract.

(g) The State Board for Educator Certification may not

impose a sanction under Subsection (c) against a teacher who

relinquishes a position under a term contract and leaves the

employment of the district after the 45th day before the first day

of instruction of the upcoming school year in violation of

Subsection (a) and without the consent of the board of trustees

under Subsection (b) if the teacher's failure to comply with

Subsection (a) was due to:

(1) a serious illness or health condition of the

teacher or a close family member of the teacher;

(2) the teacher's relocation because the teacher's

spouse or a partner who resides with the teacher changes employers;

(3) a significant change in the needs of the teacher's

family in a manner that requires the teacher to:

(A) relocate; or

(B) forgo employment during a period of required

employment under the teacher's contract; or

(4) the teacher's reasonable belief that the teacher

had written permission from the school district's administration to

resign.

SECTION 6. Section 21.257, Education Code, is amended by

amending Subsection (a) and adding Subsection (f) to read as

follows:

(a) Except as provided by Subsection (f), not [ Not ] later

than the 60th day after the date on which the commissioner receives

a teacher's written request for a hearing, the hearing examiner

shall complete the hearing and make a written recommendation that:

(1) includes proposed findings of fact and conclusions

of law; and

(2) may include a proposal for granting relief.

(f) The hearing examiner may dismiss a hearing before

completing the hearing or making a written recommendation if:

(1) the teacher requests the dismissal;

(2) the school district withdraws the proposed

decision that is the basis of the hearing; or

(3) the teacher and school district request the

dismissal after reaching a settlement regarding the proposed

decision that is the basis of the hearing.

SECTION 7. Subchapter I, Chapter 21, Education Code, is

amended by adding Section 21.416 to read as follows:

Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT

PROGRAM. (a) From money appropriated or otherwise available, the

commissioner shall establish and administer a grant program to

award money to reimburse a school district, an open-enrollment

charter school, the Windham School District, the Texas School for

the Deaf, or the Texas School for the Blind and Visually Impaired

that hires a teacher who retired before September 1, 2024, for the

increased contributions to the Teacher Retirement System

associated with hiring the retired teacher.

(b) In appropriating money for grants awarded under this

section, the legislature may provide for, modify, or limit amounts

appropriated for that purpose in the General Appropriations Act,

including by:

(1) providing, notwithstanding Subsection (a), a date

or date range other than September 1, 2024, before which a teacher

must have retired for a school district, an open-enrollment charter

school, the Windham School District, the Texas School for the Deaf,

or the Texas School for the Blind and Visually Impaired that hires

the teacher to be eligible; or

(2) limiting eligibility to a district or school

described by Subdivision (1) that hires a retired teacher:

(A) who holds a certain certification;

(B) to teach a certain subject or grade;

(C) in a certain geographical area; or

(D) to provide instruction to certain students,

including to students with disabilities.

(c) The commissioner shall proportionally reduce the amount

of money awarded to school districts, open-enrollment charter

schools, the Windham School District, the Texas School for the

Deaf, and the Texas School for the Blind and Visually Impaired under

this section if the number of grant applications by eligible

districts or schools exceeds the number of grants the commissioner

could award with the money appropriated or otherwise available for

the purpose.

(d) A school district, an open-enrollment charter school,

the Windham School District, the Texas School for the Deaf, or the

Texas School for the Blind and Visually Impaired may use money

received under this section to make required payments under Section

825.4092, Government Code.

SECTION 8. Subchapter J, Chapter 21, Education Code, is

amended by adding Sections 21.466, 21.467, and 21.468 to read as

follows:

Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From money

appropriated or otherwise available for the purpose, the agency

shall develop training for and provide technical assistance to

school districts and open-enrollment charter schools regarding:

(1) strategic compensation, staffing, and scheduling

efforts that improve professional growth, teacher leadership

opportunities, and staff retention;

(2) programs that encourage high school students or

other members of the community in the area served by the district to

become teachers, including available teacher apprenticeship

programs; and

(3) programs or strategies that school leaders may use

to establish clear and attainable behavior expectations while

proactively supporting students.

(b) From money appropriated or otherwise available, the

agency shall provide grants to school districts and open-enrollment

charter schools to implement initiatives developed under this

section.

Sec. 21.467. TEACHER TIME STUDY. (a) From money

appropriated or otherwise available for the purpose, the agency

shall develop and maintain a technical assistance program to

support school districts and open-enrollment charter schools in:

(1) studying how the district's or school's staff and

student schedules, required noninstructional duties for classroom

teachers, and professional development requirements for educators

are affecting the amount of time classroom teachers work each week;

and

(2) refining the schedules for students or staff as

necessary to ensure teachers have sufficient time during normal

work hours to fulfill all job duties, including addressing the

needs of students.

(b) The agency shall periodically make findings and

recommendations for best practices publicly available using

information from participating school districts and

open-enrollment charter schools.

Sec. 21.468. TEACHER POSITION INFORMATION. The agency

shall collect data from school districts and open-enrollment

charter schools to address teacher retention and recruitment,

including the classifications, grade levels, subject areas,

duration, and other relevant information regarding vacant teaching

positions at districts and schools. The data may be collected

through the Public Education Information Management System (PEIMS)

or another electronic reporting mechanism specified by the agency.

SECTION 9. Section 37.002, Education Code, is amended by

amending Subsections (b), (c), and (d) and adding Subsections

(b-2), (e-1), and (f) to read as follows:

(b) A teacher may remove from class a student who :

(1) interferes [ who has been documented by the teacher

to repeatedly interfere ] with the teacher's ability to communicate

effectively with the students in the class or with the ability of

the student's classmates to learn; [ or ]

(2) demonstrates [ whose ] behavior that is unruly,

disruptive, or abusive toward the teacher , another adult, or

another student; or

(3) engages in conduct that constitutes bullying, as

defined by Section 37.0832 [ determines is so unruly, disruptive, or

abusive that it seriously interferes with the teacher's ability to

communicate effectively with the students in the class or with the

ability of the student's classmates to learn ].

(b-2) A teacher, campus behavior coordinator, or other

appropriate administrator shall notify a parent or person standing

in parental relation to a student of the removal of a student under

this section.

(c) If a teacher removes a student from class under

Subsection (b), the principal may place the student into another

appropriate classroom, into in-school suspension, or into a

disciplinary alternative education program as provided by Section

37.008. The principal may not return the student to that teacher's

class without the teacher's written consent unless the committee

established under Section 37.003 determines that such placement is

the best or only alternative available. The principal may not

return the student to that teacher's class, regardless of the

teacher's consent, until a return to class plan has been prepared

for that student. The principal may only designate an employee of

the school whose primary duties do not include classroom

instruction to create a return to class plan. The terms of the

removal may prohibit the student from attending or participating in

school-sponsored or school-related activity.

(d) A teacher shall remove from class and send to the

principal for placement in a disciplinary alternative education

program or for expulsion, as appropriate, a student who engages in

conduct described under Section 37.006 or 37.007. The student may

not be returned to that teacher's class without the teacher's

written consent unless the committee established under Section

37.003 determines that such placement is the best or only

alternative available. If the teacher removed the student from

class because the student has engaged in the elements of any offense

listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or

(b)(2)(C) against the teacher, the student may not be returned to

the teacher's class without the teacher's written consent. The

teacher may not be coerced to consent.

(e-1) A student may appeal the student's removal from class

under this section to:

(1) the school's placement review committee

established under Section 37.003; or

(2) the safe and supportive school team established

under Section 37.115, in accordance with a district policy

providing for such an appeal to be made to the team.

(f) Section 37.004 applies to the removal or placement under

this section of a student with a disability who receives special

education services.

SECTION 10. The following provisions are repealed:

(1) Section 37.002(e), Education Code; and

(2) Section 825.4092(f), Government Code.

SECTION 11. Section 21.257(f), Education Code, as added by

this Act, applies only to a hearing before a hearing examiner

commenced on or after the effective date of this Act.

SECTION 12. 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.