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Every teacher is entitled to a duty-free lunch and planning and preparation time. Except for a few minor changes made in the 1995 rewrite of the Texas Education Code, the statutes have essentially remained the same.
Duty-free lunch – Texas Education Code, Sec. 21.405
By law, each classroom teacher and full-time librarian gets at least a 30-minute lunch period “free from all duties and responsibilities connected with the instruction and supervision of students.” According to a Texas Attorney General opinion, the term “duty” would include a directive that teachers remain on campus during lunch, because it would relate to student instruction or supervision. Districts cannot require teachers to stay on campus during their 30-minute lunch even if the campus is “closed” for students.
The law provides exceptions—personnel shortages, extreme economic conditions or unavoidable/unforeseen circumstances—which give districts the right to require teachers to supervise lunches, but not more than one time per week.
The rules adopted by the commissioner of education set the bar very high before a district can assign a teacher to lunch duty. Scheduling problems do not create unforeseen circumstances. They exist when an epidemic, illness, or natural or man-made disaster leaves no one available to do the duty. An extreme economic condition exists when hiring a person to supervise lunch would cause the district to raise taxes to the extent that the district might face a tax roll-back election. A personnel shortage exists only after all available nonteaching personnel—superintendent and business manager included—have been assigned to the duty and the district has diligently recruited community volunteers to help.
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