nonrenewal of term contracts
at the end of the 2011-12
school year. As stated above,
most school attorneys agree
that this procedural change
does not impair teachers’ rights
under their current contracts.
Nevertheless, districts choosing this option in 2012 should
consult with their school attorneys about this matter.
Salary Reductions
SB 8 repeals limits on
a district’s ability to reduce
salaries but requires that
widespread reductions apply
across-the-board and establishes a new process for salary
reductions.
SB 8 also repeals the salary
protections at Texas Educa-
tion Code Section 21.402(d).
Section 21.402(d) had been
adopted in House Bill 3646 in
the 2009 legislative session.
House Bill 3646 mandated pay
raises for employees on the
state minimum salary sched-
ule—classroom teachers and
full-time librarians, counselors,
and school nurses, as well as
full-time speech pathologists.
House Bill 3646 also specified,
through Section 21.402(d),
that a district could not reduce
the salary of any of these em-
ployees below 2010-11 levels
for as long as the employee was
employed in the same district.
Furloughs
SB 8 permits districts to
reduce the work schedule
of contract employees and
reduce pay accordingly. New
Texas Education Code Section
21.4021 allows a district to
furlough contract employees
for up to six days if the commissioner certifies that the
district’s state and local funding
for a school year will be less
than 2010-11 levels.
Section 21.4021 imposes
a number of restrictions on
furloughs. A furlough may not
reduce the instructional year
below 180 days, and all contract personnel must be furloughed for the same number
of days. An educator may not
use personal, sick, or any other
paid leave while the educator
is on furlough. A district may
reduce pay in proportion to
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