SB 288 and HB 1525 Allow Full-Time Employment of Retirees to Address COVID-19 Learning Loss or for Tutoring with no Loss of TRS Benefits

COVID-19 disruptions caused by staff and student illness, shifting requirements from the state, and additional academic demands have resulted in shortages of teachers in many districts. This comes at the same time that the state has imposed new requirements that potentially require more teachers.  One possible way of addressing this shortage is to hire retired teachers.

Among the new requirements are HB 4545, which requires Accelerated Learning instruction to be provided to any student who does not meet standards on the STAAR or on any EOC exam.  This instruction must be provided by a Master, Exemplary or Recognized teacher.  Alternatively, the student must be provided 30 hours of 1 to 1 or no more than 3 to 1 TEKS-based tutoring in each subject the student failed to meet standards, This is in addition to instruction normally provided to students and cannot remove the student from any physical activity or recess.

Additionally, the requirements of Remote Conferencing, which is permissible for students absent due to illness for up to 20 days, state that it must be provided by a dedicated teacher and cannot be provided by a teacher simultaneously teaching an in-person class. Some possible options for addressing these needs are through SB 288 and HB 1525.

SB 288

First, SB 288 creates a requirement for TRS to provide a retiree a written warning and notice before withholding a benefit payment in a month a retiree is employed by a public school.  Following the first notice, TRS must provide written notice that a subsequent occurrence of continued employment does not qualify for an exception to employment limitations. 

Secondly, the bill creates an additional exception to the law requiring a retiree to forfeit retirement benefit payments by adding Texas Government Code section 824.6021, which is effective until February 1, 2025. TRS may not withhold retirement benefit payments for a month the retiree is working public school, performing duties to mitigate learning loss attributed to the COVID-19 pandemic.

The exception applies if such position ends before December 31, 2024, is in addition to normal staffing levels, and is funded entirely by federal funds provided for relief from the COVID-19 pandemic such as the CARES Act, the Coronavirus Response and Relief Supplemental Appropriations Act, or the  American Rescue Plan Act of 2021. The exception does not apply to disability retirees.

The bill exempts districts from paying the TRS surcharges if a retiree retired on or after September 1, 2005, is paid with federal COVID relief funds to address learning loss attributable to COVID-19 and the position ends on or before December 31, 2024. 

HB 1525 

This bill allows a member of a nonprofit teacher organization or a nonmember who meets eligibility requirements to participate in a tutoring program to provide supplemental instruction to students, individually or in small groups. To participate, a person must be an active or retired teacher and not included in the Do Not Hire Registry. The person must apply in a manner specified by the nonprofit organization and designate whether the person plans to tutor for compensation, on a volunteer basis, or both, and in person, online, or both. The bill requires the superintendent, or designee to oversee the program and submit a report to the board each semester regarding the number of teachers who contacted the district or school about tutoring and the number who were used on a volunteer basis or employed.

A district or school may use any available funds to compensate a tutor under this program. The bill provides that TRS may not withhold a monthly benefit payment if a retiree is employed by a district as a tutor under this program.

Should you have questions about hiring retirees or regarding services required as a result of COVID-19 or any other special education questions, please contact Sara Leon & Associates, PLLC.

Author: Hans Graff