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New state restriction on paid outside work prompts SCUCISD to draft approval process; proposed TASBO contract to return for board action
Summary
SCUCISD administrators briefed trustees on a new state restriction on compensated outside work by school-district administrators and outlined a proposed contract-and-approval process; the board was told a TASBO contract will be presented for approval next month.
The board received an extended briefing on state legislation restricting compensated outside work by district administrators and on how the district plans to implement compliance procedures.
Administration summarized the new law (referred to in the meeting as House Bill 3372), which broadly defines "administrator" as staff with significant administrative duties and prohibits paid work for businesses that do or seek to do business with the district. Superintendent and legal counsel identified narrow exceptions: administrators (other than the superintendent and assistant superintendents, who are broadly prohibited from outside compensated work) may perform paid services for certain public-education entities or professional organizations if three conditions are met: (1) a written contract defines the services, (2) the board reviews and approves the contract after determining it does not present a conflict or harm to the district, and (3) the services are performed during the employee's personal time (or the employee uses leave for the workday when services are provided).
District staff explained a proposed process to comply: professional organizations seeking district employees to teach or present would enter a written contract with the district; the board would approve such contracts (administration proposed an annual consent list for the board, and the superintendent could later approve renewals subject to board policy); employees would request supervisor permission and log leave when the service falls on a contracted workday; honoraria would be paid to the district and, upon confirmation of services, be remitted to the employee. Administration said it would provide a standing consent item (or transmittal) listing contracts that meet the statutory exceptions so trustees could review and remove any that raise concerns.
The district specifically previewed a professional-services contract with the Texas Association of School Business Officials (TASBO). TASBO uses district staff as instructors for certification and continuing-education courses; administration said TASBO had produced a contract that defines the services, times and compensation and that the district would bring that contract back for board action in September. Administration noted civil penalties for noncompliance can reach up to $10,000 for an employee caught performing prohibited compensated work without the required contract and board approval.
Trustees commented that the change could affect university adjuncts and professional organizations that rely on administrators as paid instructors; several trustees expressed support for finding workable ways to maintain the district's role in professional education while complying with the new law.
