88S40097 PRL-F
	By: Cunningham	H.B. No. 108

Statutes affected:
Introduced: Education Code 25.081, Education Code 25.0815, Education Code 29.0822, Education Code 29.162, Education Code 37.011, Education Code 48.005, Education Code 48.0051 (Education Code 25, Education Code 37, Education Code 29, Education Code 48)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the minimum number of instructional days provided by
	public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 25.081, Education Code, is amended to
	read as follows:
	Sec. 25.081.  OPERATION OF SCHOOLS.  (a)  Except as
	authorized under Subsection (a-1) or (b) of this section, Section
	25.0815, Section 25.084, or Section 29.0821, for each school year
	each school district must operate:
	(1)  for a minimum of 175 instructional days; and
	(2)  for at least 75,600 minutes of operation,
	including time allocated for instruction, intermissions, and
	recesses for students.
	(a-1)  Subsection (a)(1) does not apply to a school district
	with a student enrollment of less than 8,000.
	(b)  The commissioner may approve the operation of schools
	for fewer than the number of instructional days or minutes of
	operation required under Subsection (a) if disaster, flood, extreme
	weather conditions, fuel curtailment, or another calamity causes
	the closing of schools.
	(c)  If the commissioner does not approve reduced
	instructional days or minutes of operation [time] under Subsection
	(b), a school district may add additional instructional days to the
	school year or minutes of operation to the end of the district's
	normal school hours as necessary to compensate for instructional
	days or minutes of operation lost due to school closures caused by
	disaster, flood, extreme weather conditions, fuel curtailment, or
	another calamity.
	(d)  The commissioner may adopt rules to implement this
	section, including rules:
	(1)  [for the application, on the basis of the minimum
	minutes of operation required by Subsection (a), of any provision
	of this title that refers to a minimum number of days of instruction
	under this section;
	[(2)]  to determine the minutes of operation that are
	equivalent to a day;
	(2) [(3)]  defining minutes of operation and
	instructional time; and
	(3) [(4)] establishing the minimum number of minutes of
	instructional time required for a full-day and a half-day program
	to meet the time requirements under Subsection (a).
	(e)  A school district or education program is exempt from
	the minimum required instructional days or minutes of operation
	[requirement] if the district's or program's average daily
	attendance is calculated under Section 48.005(j).
	(f)  The commissioner may proportionally reduce the amount
	of funding a district receives under Chapter 46, 48, or 49 and the
	average daily attendance calculation for the district if the
	district operates on a calendar that provides fewer instructional
	days or minutes of operation than required under Subsection (a).
	(g)  A school district may not provide student instruction on
	Memorial Day.  If a school district would be required to provide
	student instruction on Memorial Day to compensate for instructional
	days or minutes of operation [instruction] lost because of school
	closures caused by disaster, flood, extreme weather conditions,
	fuel curtailment, or another calamity, the commissioner shall
	approve the instruction of students for fewer than the number of
	instructional days or minutes of operation required under
	Subsection (a).
	SECTION 2.  Subchapter C, Chapter 25, Education Code, is
	amended by adding Section 25.0813 to read as follows:
	Sec. 25.0813.  MAINTENANCE OF FOUR-DAY SCHOOL WEEK SCHEDULE.
	(a) Notwithstanding any other law and except as provided by
	Subsection (b), a school district that adopted a four-day school
	week schedule for the 2022-2023 school year may maintain a four-day
	school week schedule in each subsequent school year.
	(b)  If a school district adopts a four-day school week and
	the agency assigns a performance rating of D or F to one or more
	campuses in the district, the district must adopt and maintain a
	five-day school week in each subsequent school year until each
	campus in the district is assigned a performance rating of C or
	higher.
	SECTION 3.  Sections 25.0815(a) and (b), Education Code, are
	amended to read as follows: