81R14614 KKA-F
By: Eissler H.B. No. 1365
A BILL TO BE ENTITLED
AN ACT
relating to service records of professional staff employed by
school districts and payment of compensation based on those
records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4031 to read as follows:
Sec. 21.4031. PROFESSIONAL STAFF SERVICE RECORDS. (a) In
this section:
(1) "Salary schedule" means the minimum salary
schedule under Section 21.402 or a comparable salary schedule used
by a school district that specifies salary amounts based on an
employee's level of experience.
(2) "Service record" means a school district document
that indicates the total years of service provided to the district
by a classroom teacher, librarian, counselor, or nurse.
(b) On request by a classroom teacher, librarian,
counselor, or nurse or by the school district employing one of those
individuals, a school district that previously employed the
individual shall provide a copy of the individual's service record
to the school district employing the individual. The district must
provide the copy not later than the 30th day after the date of the
request.
(c) If a school district fails to provide an individual's
service record as required by Subsection (b), the agency shall, to
the extent that information is available to the agency, provide the
employing school district with information sufficient to enable the
district to determine proper placement of the individual on the
district's salary schedule.
(d) Subject to Subsection (e), a classroom teacher,
librarian, counselor, or nurse is entitled to receive back pay of
any salary to which the individual would have been entitled at the
proper step on the salary schedule if the employing school
district:
(1) begins paying salary to the individual before the
district receives information necessary to determine proper
placement of the individual on the salary schedule; and
(2) subsequently determines that the individual is
entitled to a higher salary based on proper placement of the
individual on the salary schedule.
(e) The maximum period for which a classroom teacher,
librarian, counselor, or nurse may be entitled to receive back pay
under Subsection (d) is one year.
SECTION 2. This Act applies beginning with the 2009-2010
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.