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Explanation of the laws governing duty-free lunches and planning periods in regards to the TAKS testing period.

I. Duty-Free Lunch

A. The Law

  • 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.

B. Explanation

Teachers must have a daily, 30-minute period free from all duties and responsibilities related to the instruction or supervision of students. A district can ask a teacher to give up a duty-free lunch no more than once a week, and only if the district can prove its right to do so under subsection (c).

  • Of the three conditions listed in subsection (c), the final one, unavoidable or unforeseen circumstances, is least likely to support the district; a district knows the dates and the reality of the TAKS test well in advance of the event.
  • Before assigning teachers a duty during lunch, the district would have to show "extreme economic conditions" as the Commissioner defines that term. "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...." 19 TAC § 153.1001(c). In other words, to justify the imposition of the duty, a district must prove that to hire lunch room monitors the district would have to raise additional funds in so great an amount as to require a tax increase that could lead to a tax roll-back election. The chance of that happening: remote, at best.
  • "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." 19 TAC § 153.1001(b). For a district to impose a lunch duty on a teacher, the district must first assign all nonteaching personnel to supervise students, e.g., everyone in central office.

C. Summary

Districts should find ways to relieve teachers of student supervision during lunch on TAKS days.

Should a district argue that a teacher remains liable for a violation of TAKS rules when a lunchroom monitor relieves a teacher for a lunch break, the law provides for a different conclusion. The law says that during the lunch period, a teacher is relieved of "all duties and responsibilities related to the instruction or supervision of students." Although, this issue has not been addressed in a decision of the commissioner or action of the State Board for Educator Certification, the law is very clear.

II. Planning Time

A. The Law

  • 21.404. Planning and Preparation Time

Each classroom teacher is entitled to at least 450 minutes within each two-week period for instructional preparation, including parent-teacher conferences, evaluating students' work, and planning. A planning and preparation period under this section may not be less than 45 minutes within the instructional day. During a planning and preparation period, a classroom teacher may not be required to participate in any other activity.

B. Explanation

A district complies with the law when it:

  • provides teachers with 450 minutes of planning time over a two-week period – 449 minutes violates the law;
  • delineates periods of time of no less than 45 minutes – a 44-minute block of time does not constitute planning time;
  • schedules the planning time during the instructional day – time allotted to planning before or after the regularly schedule student instructional time does not constitute planning time; and
  • limits the teachers' duties to those specified in the law.

C. Summary

Districts cannot require teachers to give up their planning periods if the teachers have only 450 minutes of planning time over a two-week period. Districts cannot "reschedule" planning time to the 3:15-4:00 time slot after students have left the campus. Districts can ask teachers to give up one planning period if the teachers have 50 minutes daily for planning time over the balance of the two-week period. Districts can ask teachers to give up two planning periods if teachers have 57-minute planning periods.

Web posted: 02/22/07