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德州专业教育者协会
德州专业教育者协会
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会议时间和免税午餐

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会议时间:计划和准备

The Texas Education Code provides that all classroom 茶chers are entitled to conference time. The code defines a classroom 茶cher as a certified educator who 茶ches for at least an average of four hours per day in an academic instructional setting or in a career and technology setting.

德州教育法规,第21条.404  说:

Each classroom 茶cher is entitled to at least 450 minutes within each two-week period for instructional preparation, 包括家长会, 评估学生的工作, 和规划. A planning and preparation period under this section may not be less than 45 minutes within the instructional day. 在计划和准备期间, a classroom 茶cher may not be required to participate in any other activity.

Some districts have opted out of the requirements of Section 21.404项目是他们创新区计划的一部分. 而这些地区可能仍会提供规划时间, the specific requirements and limitations described below may not apply in every district. To see if your district is a District of Innovation and to find a link to districts’ innovation plans, 访问 茶.德州.gov/Texas_Schools/District_Initiatives/Districts_of_Innovation.

The commissioner of education has interpreted the law to provide 茶chers with a great deal of discretion in how to use their time.

“The purpose of the planning and preparation period is to allow 茶chers ‘time to engage in parent-茶cher conferences, 检查学生的作业, 以及作为老师的计划和准备, 不是政府, 认为最好的. The statute clearly relieves the 茶cher of any duty during this period of time and prohibits the district and its administration from requiring the 茶cher to engage in any other activity the administration determines to be useful and important."

stratocaster电吉他v. 休斯顿ISD (1986)

The commissioner has determined that the instructional schedule at the school to which the 茶cher is assigned determines the instructional day.

“The term "instructional day" as used in Texas Education Code section 21.404 is interpreted to mean the time when students are receiving instruction at the school where the 茶cher is located. 因此, planning and preparation time must occur during the time that students at the school where the 茶cher is located are receiving instruction.”

canutilo教育家协会v. Canutillo ISD (2010)

The commissioner of education has also determined that a 茶cher cannot give up the 茶cher’s legally required planning time to perform another duty, such as 茶ching an extra class—even if the 茶cher is doing so voluntarily.

“There is no exception provided for 茶ching duties performed during the planning and preparation period. Performance of 茶ching duties during the planning and preparation duties is not permitted by the Education Code and is not an exception to the Chapter 21 茶cher contract requirement.”

Bledsoe v. 亨廷顿ISD (2014) 

免税的午餐

德州教育法规,第21条.405  说:

  1. 除非第(c)款规定, each classroom 茶cher 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 茶cher or full-time librarian in the district for the implementation of the duty-free lunch period.
  2. The implementation of this section may not result in a lengthened school day.
  3. 如果有必要,因为人员短缺, 极端的经济条件, 或不可避免或不可预见的情况, a school district may require a classroom 茶cher or librarian entitled to a duty-free lunch to supervise students during lunch. A classroom 茶cher 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, 极端的经济条件, 或不可避免或不可预见的情况 for purposes of this subsection.

A common question is whether a school district can refuse to provide a classroom 茶cher duty-free lunch during state-mandated testing. 尽管这是一个相当普遍的做法, this specific question has never been appealed to the commissioner, 所以这个问题仍然没有答案. 然而, the commissioner of education has—in denying an educator’s appeal regarding the denial of duty-free lunch—has stated that he does not have jurisdiction over a “one-time denial” of duty-free lunch. (Ghori v. 休斯顿ISD [2003]).


发布/评论:2020年1月23日

The legal information provided here is accurate as of the date of publication. 这里提供的信息仅供参考之用. 个别的法律情况差别很大, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible 365游戏平台 members may contact the 365游戏平台 成员法律服务 Department.