88R28670 JES-F
 
  By: Creighton, et al. S.B. No. 9
 
  (Dutton)
 
  Substitute the following for S.B. No. 9:  No.
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the rights and certification of public school
educators, including financial and other assistance and waivers
provided to public schools by the Texas Education Agency related to
public school educators, methods of instruction provided in public
schools, and certain allotments under the Foundation School
Program.
       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 not
assigned under an employee's employment contract, that is expected
to be performed on an instructional day and that may be governed by
an agreement, other than the employee's employment contract,
between the school district and the employee.
       (b)  Not later than the 45th 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 during that school year, including each day on
which the employee is expected to perform duties for more than 30
minutes outside of the instructional day.
       (c)  A school district may not require a classroom teacher,
full-time counselor, or full-time librarian to perform any duties
for more than 30 minutes outside of the instructional day and on
more than two days in each month, unless the district enters a
contract or agreement with the teacher, counselor, or librarian,
separate from the employee's employment contract and under which
the employee receives additional compensation, for the performance
of those supplemental duties.
       (d)  A school district may not coerce a classroom teacher,
full-time counselor, or full-time librarian to enter into a
contract or agreement to perform supplemental duties described by
Subsection (c).
       SECTION 3.  Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.010 to read as follows:
       Sec. 21.010.  TEACHER POSITION DATA COLLECTION. The agency
shall collect data from school districts and open-enrollment
charter schools for the recruitment and retention of classroom
teachers, including the classification, grade level, subject area,
duration, and other relevant information regarding vacant teaching
positions in a district or school. The data may be collected using
the Public Education Information Management System (PEIMS) or
another reporting mechanism specified by the agency.
       SECTION 4.  Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0411 to read as follows:
       Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
Section 21.041(c), the board shall, for a person applying for a
certification to teach established under this subchapter, waive:
             (1)  a certification examination fee imposed by the
board for the first administration of the examination to the
person; and
             (2)  a fee associated with the application for
certification by the person.
       (b)  The board shall pay to a vendor that administers a

Statutes affected:
Introduced: Education Code 11.1513, Education Code 21.105, Education Code 21.160, Education Code 21.210, Education Code 21.257, Education Code 21.3521, Education Code 29.153, Education Code 37.002, Education Code 48.112, Education Code 48.114 (Education Code 21, Education Code 11, Education Code 29, Education Code 37, Education Code 48)
Senate Committee Report: Education Code 11.1513, Education Code 21.054, Education Code 21.105, Education Code 21.160, Education Code 21.210, Education Code 21.257, Education Code 21.3521, Education Code 22.001, Education Code 29.153, Education Code 37.002, Education Code 48.105, Education Code 48.112, Education Code 48.114 (Education Code 21, Education Code 22, Education Code 11, Education Code 29, Education Code 37, Education Code 48)
Engrossed: Education Code 11.1513, Education Code 21.054, Education Code 21.105, Education Code 21.160, Education Code 21.210, Education Code 21.257, Education Code 21.3521, Education Code 22.001, Education Code 29.153, Education Code 37.002, Education Code 48.112, Education Code 48.114 (Education Code 21, Education Code 22, Education Code 11, Education Code 29, Education Code 37, Education Code 48)
House Committee Report: Education Code 11.1513, Education Code 21.044, Education Code 21.051, Education Code 21.105, Education Code 21.160, Education Code 21.210, Education Code 21.3521, Subchapter J, Chapter , Education Code 825.4092, Education Code 28.0062, Education Code 29.054, Education Code 29.153, Education Code 48.108, Education Code 48.112, Education Code 48.114 (Education Code 21, Education Code 22, Education Code 28, Education Code 11, Education Code 29, Education Code 37, Subchapter J, Chapter , Education Code 825, Education Code 48)