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Eligible ATPE members may contact ATPE legal staff with
legal questions or inquiries.
The following information is state
law on duty-free lunch and is from the
Texas Education Code, Section 21.405:
(a) Except as provided by Subsection
(c), each classroom teacher or full-time librarian is
entitled to at least a 30-minute lunch period free from
all duties and responsibilities connected with the
instruction and supervision of students. Each school
district may set flexible or rotating schedules for each
classroom teacher or full-time librarian in the district
for the implementation of the duty-free lunch period.
(b) The implementation of this
section may not result in a lengthened school day.
(c) If necessary because of personnel
shortage, extreme economic conditions, or an unavoidable
or unforeseen circumstance, a school district may
require a classroom teacher or librarian entitled to a
duty-free lunch to supervise students during lunch. A
classroom teacher or librarian may not be required to
supervise students under this subsection more than one
day in any school week. The commissioner by rule shall
prescribe guidelines for determining what constitutes a
personnel shortage, extreme economic conditions, or an
unavoidable or unforeseen circumstance for purposes of
For more information on the three exceptions above, please
Section 153.1001 of the Texas Administrative Code.
The legal information provided on this website is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.