Texas Health and Safety Code - HEALTH & SAFETY § 161.088. Enforcement;  Unannounced Inspections

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(a) In this subtitle the following words have the meanings indicated.

(b) “Board” means the Public School Labor Relations Board established under Subtitle 8 of this title.

(b-1) “Day” means a calendar day unless otherwise indicated.

(c) “Employee organization” means an organization that:

(1) Includes certificated employees of a public school employer or individuals of equivalent status in Baltimore City;  and

(2) Has as one of its main purposes the representation of the employees in their relations with that public school employer.

(d)(1) “Home and hospital teacher” means a teacher employed by a public school employer to provide instructional services to a public school student who is unable to function effectively in the classroom setting due to the student's medical, physical, or emotional condition.

(2) A home and hospital teacher may teach in:

(i) A private home;

(ii) A hospital;

(iii) A therapeutic center;

(iv) A school;  or

(v) Any other appropriate site.

(d-1) “New employee processing” means the process for a newly hired public school employee, whether in person, online, or through other means, in which new employees are advised of their employment status, rights, benefits, duties, responsibilities, and other employment-related matters.

(e)(1) “Public school employee” means a certificated professional individual who is employed by a public school employer or an individual of equivalent status in Baltimore City, except for a county superintendent or an individual designated by the public school employer to act in a negotiating capacity as provided in § 6-408(c) of this subtitle.

(2) In Montgomery County, “public school employees” include:

(i) Certificated and noncertificated substitute teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 1978, and each year after;  and

(ii) Home and hospital teachers employed by the public school employer for at least 7 days before March 1 of the school fiscal year ending June 30, 2000, and each year after.

(3) In Baltimore County, “public school employee” includes a secondary school nurse, an elementary school nurse, and a special school nurse.

(4) In Frederick County, “public school employee” includes a social worker employed by a public school employer.

(5) In Prince George's County, “public school employee” includes home and hospital teachers and Junior Reserve Officer Training Corps (JROTC) instructors.

(6) In Baltimore County, Calvert County, Charles County, and Garrett County, “public school employee” includes Junior Reserve Officer Training Corps (JROTC) instructors.

(7) In Carroll County, “public school employee” includes:

(i) A registered nurse;

(ii) Supervisory noncertificated employees as defined under § 6-501(i) of this title;  and

(iii) Junior Reserve Officer Training Corps (JROTC) instructors.

(f) “Public school employer” means a county board of education or the Baltimore City Board of School Commissioners.

1  V.T.C.A., Health & Safety Code § 161.121 et seq, V.T.C.A., Health & Safety Code § 161.251 et seq., or V.T.C.A., Health & Safety Code § 161.301 et seq.

Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 161.088. Enforcement;  Unannounced Inspections - last updated April 14, 2021 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-161-088/


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