87R7030 MM-D     By: Hinojosa S.B. No. 1011       A BILL TO BE ENTITLED   AN ACT   relating to measures to mitigate the effects of a disaster on public   schools, including personal leave provided for certain public   school employees, the temporary suspension of certain   accountability determinations and promotion or graduation   criteria, the calculation of average daily attendance for the   2020-2021 school year, and a study on methods to reduce truancy   rates.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 22.003, Education Code, is amended by   adding Subsections (a-1) and (a-2) and amending Subsection (c-1) to   read as follows:          (a-1)  In addition to all other days of leave provided by   this section or by a school district or open-enrollment charter   school, an employee of a school district or open-enrollment charter   school who tests positive for a disease that is the basis for a   disaster declared by the governor under Section 418.014, Government   Code, for all or part of the state is entitled to not less than 14   days of leave for compensation following the positive test result.   Days of leave taken under this subsection may not be deducted from   accrued personal leave or leave that the employee is entitled to   under the Family and Medical Leave Act of 1993 (29 U.S.C. Section   2601 et seq.).           (a-2)  In addition to all other days of leave provided by   this section or by a school district or open-enrollment charter   school, an employee employed by a school district or   open-enrollment charter school for the 2021-2022 school year who   was also employed by the district or school for the 2020-2021 school   year is entitled to the number of days of leave, not to exceed 14   days, equal to the number of days during the 2020-2021 school year   for which the employee used leave due to testing positive for the   coronavirus disease (COVID-19). This subsection expires September   1, 2022.           (c-1)  Any informational handbook a school district provides   to employees in an electronic or paper form or makes available by   posting on the district website must include notification of an   employee's rights under Subsections (a-1) and [Subsection] (b) in   the relevant section of the handbook. Any form used by a school   district through which an employee may request leave under this   section must include disaster leave under Subsection (a-1) and   assault leave under Subsection (b) as options [an option].          SECTION 2.  Subchapter B, Chapter 39, Education Code, is   amended by adding Section 39.0239 to read as follows:          Sec. 39.0239.  TEMPORARY SUSPENSION OF CERTAIN   ACCOUNTABILITY MEASURES DURING DISASTER. Notwithstanding other   law, for any school year in which a school district's operations,   including in-person attendance, are disrupted as a result of a   disaster declared by the governor under Chapter 418, Government   Code, the commissioner may not consider the results of any   assessment instruments administered under Section 39.023 to   students enrolled in the district during that school year for   purposes of:                (1)  evaluating school district or campus performance   under this chapter for the affected district for that school year,   including in determining:                      (A)  the performance rating to assign to the   district or the district's campuses under Section 39.054; or                      (B)  whether to impose any intervention or   sanction authorized by Chapter 39A after that school year on the   district or the district's campuses; or                (2)  determining a student's qualification for   promotion or graduation.          SECTION 3.  Section 48.005, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  Notwithstanding other law, for the 2020-2021 school   year, each school district or open-enrollment charter school shall   be funded on the basis of the greater of the average daily   attendance in the district or school for the 2019-2020 school year   or the 2020-2021 school year. This subsection expires September 1,   2023.          SECTION 4.  (a) The commissioner of education shall   establish a task force to study methods to reduce the rates of   truancy in public schools in this state.          (b)  The commissioner of education shall appoint members of   the task force. The task force must include one or more:                (1)  representatives from the Texas Education Agency;                (2)  justices of the peace;                (3)  public school officials;                (4)  parents of public school students; and                (5)  public school teachers.          (c)  The task force shall prepare a written report that   includes:                (1)  a description of the activities of the task force;                (2)  an analysis of truancy rates in the state,   including the impact of disasters on truancy rates, and methods to   reduce those rates;                (3)  recommendations for legislative or other action;   and                (4)  any other matters the task force considers   appropriate.          (d)  Not later than June 1, 2022, the task force shall submit   the written report to the governor, lieutenant governor, chairs of   the standing legislative committees with primary jurisdiction over   public education, and commissioner of education.          (e)  This section expires September 1, 2023.          SECTION 5.  (a) Section 22.003, Education Code, as amended   by this Act, applies beginning with the 2021-2022 school year.          (b)  Section 39.0239, Education Code, as added by this Act,   applies beginning with assessment instruments administered during   the 2020-2021 school year.          SECTION 6.  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, 2021.