Sec. 33.913.  TUTORING PROGRAM.  (a)  A member of a nonprofit teacher organization or a person who is not a member but meets the requirements under Subsection (b) may participate in a tutoring program in accordance with this section to provide supplemental instruction to students in kindergarten through grade 12 on an individualized or small-group basis.
(b)  To participate in the program as a tutor, a person must:
(1)  be an active or retired teacher;
(2)  apply for the position in a manner specified by the nonprofit organization;
(3)  designate in the application whether the person plans to provide tutoring:
(A)  for compensation, on a volunteer basis, or both; and
(B)  in person, online, or both; and
(4)  not be included in the registry of persons not eligible for employment by a public school under Section 22.092.
(c)  The superintendent or chief executive officer of each school district or open-enrollment charter school or the person designated by the superintendent or chief executive officer shall:
(1)  oversee the tutoring program within the district or school; and 
(2)  not later than the last day of each semester, submit a report to the board of trustees of the district or the governing body of the school that includes, with respect to that semester:
(A)  the number of active or retired teachers who contacted the district or school to offer tutoring services to students in the district or school; and
(B)  the number of active or retired teachers who were used by the district or school as a tutor on a volunteer basis or employed by the district or school to provide tutoring services for compensation.
(d)  A school district or open-enrollment charter school may use any available local, state, or federal funds to provide compensation to a person participating in the program as a tutor who is providing tutoring for compensation under the program.
(e)  If an active or retired teacher who has been approved for participation in the tutoring program contacts a school district or open-enrollment charter school to provide tutoring to students in the district or school and the district or school needs tutoring assistance, the district or school may:
(1)  if the teacher is providing tutoring services on a volunteer basis, use the volunteer tutoring services provided by the teacher; or
(2)  if the district or school has local, state, or federal funds for purposes of the tutoring program and the teacher is providing tutoring services for compensation, employ the teacher as a tutor.
(f)  At least quarterly, each nonprofit organization participating in the tutoring program shall provide to the organization's members:
(1)  a description of the tutoring program and guidance on how to participate in the program; and
(2)  the contact information of each person described by Subsection (c) for the school district in which the member resides, any open-enrollment charter schools located within that district, and any adjacent districts.
(g)  This section does not create a cause of action or liability or an obligation or duty that provides a basis for a cause of action or liability against a nonprofit teacher organization approved by the commissioner for the purpose of participating in the tutoring program for any action taken by a member of the organization participating in the program as a tutor.
Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 15, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 880 (S.B. 1356), Sec. 2, eff. June 16, 2021.