HB1209 - Relating to the minimum number of instructional days provided by public schools.

  89R1078 PRL-F     By: Cunningham H.B. No. 1209       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 2024-2025 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 an overall performance rating of D, F, or "Not   Rated" 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 an overall   performance rating of C or higher.          SECTION 3.  Sections 25.0815(a) and (b), Education Code, are   amended to read as follows:          (a)  The commissioner shall provide a waiver allowing for   fewer instructional days and fewer minutes of operation [ and   instructional time ] than required under Section 25.081(a) for a   school district that requires each educator employed by the   district to attend an approved school safety training course.          (b)  A waiver under this section:                (1)  must allow sufficient time for the school   district's educators to attend the school safety training course;   and                (2)  may not:                      (A)  result in an inadequate number of minutes of   instructional time for students; or                      (B)  reduce :                             (i)     the number of instructional days by   more than one day; or                             (ii)   the number of minutes of operation   [ and instructional time ] by more than 420 minutes.          SECTION 4.  Section 29.0822(c), Education Code, is amended   to read as follows:          (c)  Except in the case of a course designed for a student   described by Subsection (a)(3) or enrolled in a course described by   Subsection (b)(4), a course offered in a program under this section   must provide for at least the same number of instructional hours as   required for a course offered in a program that meets the required   minimum number of instructional days [ minutes of operation ] under   Section 25.081.          SECTION 5.  Section 29.162(a), Education Code, is amended to   read as follows:          (a)  The commissioner may adopt rules for this subchapter,   including rules establishing full-day and half-day instructional   days and minutes of operation requirements as provided by Section   25.081.          SECTION 6.  Section 37.011(f), Education Code, is amended to   read as follows:          (f)  A juvenile justice alternative education program must   operate at least seven hours per day and 175 [ 180 ] days per year,   except that a program may apply to the Texas Juvenile Justice   Department for a waiver of the 175-day  [ 180-day ] requirement.  The   department may not grant a waiver to a program under this subsection   for a number of days that exceeds the highest number of   instructional days waived by the commissioner during the same   school year for a school district served by the program.          SECTION 7.  Sections 48.005(i), (j), and (m), Education   Code, are amended to read as follows:          (i)  A district or a charter school operating under Chapter   12 that operates a prekindergarten program is eligible to receive   one-half of average daily attendance under Subsection (a) if the   district's or charter school's prekindergarten program provides at   least 32,400 minutes of instructional time to students over the   minimum required number of instructional days .          (j)  A district or charter school is eligible to earn full   average daily attendance under Subsection (a) if the district or   school provides at least 43,200 minutes of instructional time   during a school year to students enrolled in:                (1)  a dropout recovery school or program operating   under Section 12.1141(c) or Section 39.0548;                (2)  an alternative education program operating under   Section 37.008;                (3)  a school program located at a day treatment   facility, residential treatment facility, psychiatric hospital, or   medical hospital;                (4)  a school program offered at a correctional   facility; or                (5)  a school operating under Subchapter G, Chapter 12.          (m)  The commissioner shall adopt rules necessary to   implement this section, including rules that:                (1)  establish the minimum amount of instructional time   per day that allows a school district or charter school to be   eligible for full average daily attendance, which may differ based   on the instructional program offered by the district or charter   school;                (2)  establish the requirements necessary for a school   district or charter school to be eligible for one-half of average   daily attendance, which may differ based on the instructional   program offered by the district or charter school;                (3)  proportionally reduce the average daily   attendance for a school district if any campus or instructional   program in the district provides to students fewer than the   required minimum number of instructional days or minutes of   operation [ instruction to students ]; and                (4)  allow a grade or course repeated under Section   28.02124 to qualify for average daily attendance even if the   student previously passed or earned credit for the grade or course,   if the grade or course would otherwise be eligible.          SECTION 8.  Section 48.0051(a), Education Code, is amended   to read as follows:          (a)   The [ Subject to Subsection (a-1), the ] commissioner   shall adjust the average daily attendance of a school district or   open-enrollment charter school under Section 48.005 in the manner   provided by Subsection (b) if the district or school:                (1)  provides the minimum number of minutes of   operational and instructional time required under Section 25.081   and commissioner rules adopted under that section over the minimum   required number of instructional days or minutes of operation [ at   least 180 days of instruction ]; and                (2)  offers an additional 30 days of half-day   instruction for students enrolled in prekindergarten through fifth   grade.          SECTION 9.  This Act applies beginning with the 2025-2026   school year.          SECTION 10.  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, 2025.