TEXAS AFT LEGISLATIVE HOTLINE--FRIDAY, SEPTEMBER 11, 2009 (copyright 2009 Texas AFT)   Know Your Rights: Duty-Free Lunch   Though some administrators may try to tell you otherwise, classroom teachers and full-time librarians have a state-guaranteed right to at least a 30-minute lunch period each day, free of any responsibility for supervising students. This right is established by Section 21.405 of the Texas Education Code, which is reproduced below for your ready reference:   Sec. 21.405.  DUTY-FREE LUNCH. (a)  Except as provided by Subsection (c), each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of the duty-free lunch period.   (b)  The implementation of this section may not result in a lengthened school day.   (c)  If necessary because of a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, a school district may require a classroom teacher or librarian entitled to a duty-free lunch to supervise students during lunch. A classroom teacher or librarian may not be required to supervise students under this subsection more than one day in any school week. The commissioner by rule shall prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance for purposes of this subsection.   As you can see, the law provides for just one limited exception to the duty-free lunch guarantee, allowing school districts to require a classroom teacher or full-time librarian to supervise students during lunch only one day in any school week, if it is necessary because of personnel shortage, extreme economic conditions, or unforeseen circumstances. The definition of these three triggering circumstances is not left to the district's discretion but rather is defined by the commissioner of education in 19 Texas Administrative Code Section 153.1001, which reads verbatim as follows:   Sec. 153.1001. Duty-Free Lunch.   (a) For the purposes of Texas Education Code, §21.405, a school district shall use the guidelines in this section to determine what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance.   (b) A personnel shortage exists when, despite reasonable efforts of a school district to use nonteaching personnel or the assistance of community volunteers to supervise students during lunch, there are no other personnel available.   (c) Extreme economic conditions exist when the percentage of a local tax increase, including any amounts necessary to implement this section, would place the district in jeopardy with respect to a potential tax roll-back election as provided in the Texas Property Tax Code, §26.08.   (d) Unavoidable or unforeseen circumstances exist when, due to illness, epidemic, or natural or man-made disaster, a school district is unable to find an individual to supervise students during lunch.