TEXAS AFT LEGISLATIVE HOTLINE--TUESDAY, JULY 28, 2009
(copyright 2009 Texas AFT)

New Laws for 2009-2010 School Year on Employee Rights and Benefits

In the last couple of hotlines, we've reported on the implementation of the state-mandated, federally funded pay raise ($800 minimum, average more than $1,000) for classroom teachers, librarians, counselors, school nurses, and speech pathologists. But many other notable changes in state law on school employees' rights and benefits will take effect as well with the new school year. Here is a sampling, excerpted from our new report on notable legislation of the 2009 regular session at http://docs.texasaft.org/legislative/Texas_AFT_Notablebills072409.pdf. 

Educational aides' tuition exemption
SB 1798 transfers certification of eligibility for the Educational Aide Exemption program from the Texas Higher Education Coordinating Board to the institution at which the applicant seeks to enroll. The bill requires the institution to make the determination of eligibility, notify the applicant, and notify the school district employing the applicant. (Note: This change accompanies an increase of nearly 50 percent, or $9 million, in state funding under SB 1 for the tuition exemption for educational aides.)
 
Teachers' grading authority
SB 2033 establishes that a teacher cannot be required to assign a minimum grade for an assignment without regard to the quality of the student's work. School districts must adopt a grading policy before each school year requiring teachers to assign a grade that "reflects the student's relative mastery of an assignment." The grading policy also must allow a student a "reasonable opportunity" to make up or redo a class assignment or examination for which the student received a failing grade.
 
Personal leave
SB 522 amends the Education Code to grant school employees the authority to decide which type of leave they will use when both state minimum personal leave and additional local personal leave are available.
 
Confidentiality of criminal-history data
HB 2730, the sunset bill for the Department of Public Safety, amends state statutes governing criminal-history background checks for school employees to ensure the confidentiality required by federal law. This amendment secured by Texas AFT should prevent inappropriate public disclosure of related information requested from Austin ISD; it also should serve to block similar inappropriate requests made in the future.
 
Note: HB 2730 was amended on the Senate floor to incorporate SB 2046, which attempted to expand radically the criminal background-check requirements applied to higher-education employees. That provision was stripped from HB 2730 in final House-Senate negotiations and does not appear to have passed the legislature in any other bill. Texas AFT was the only education-employee organization to take a public stand in opposition to SB 2046.
 
Notice of assault leave
HB 1470 amends the Education Code to require that districts notify employees about their right to assault leave through the employee handbook and on employee-leave forms.
 
Audio recordings of grievance proceedings
HB 2512 amends the Education Code to require that school-district grievance policies permit an employee to make an audio recording of meetings or proceedings related to a grievance. (Texas AFT supported the bill and also worked to ensure it did not diminish existing employee rights.)
 
Appeals to commissioner of education
HB 829 allows appeals of district actions directly to the courts instead of going first through the commissioner of education for cases based on state laws such as the Open Meetings Act that are referenced in the Education Code but are not part of the Education Code.
 
For those grievances that are appealed to the commissioner, HB 829 requires the commissioner to issue a decision within 180 days of receiving the appeal.
 
Employees' access to service records
HB 1365 adds a new Section 21.4031 to the Education Code requiring a school district that previously employed a classroom teacher, librarian, counselor, or nurse to provide, at the employee's request, a copy of the individual's service record to the district currently employing that person, for the purpose of determining proper placement on the district's salary schedule.
 
Tuition exemption for community-college employees
HB 1568 allows a community college to exempt its employees from tuition and fees for courses at the college.