81R1048 JRJ-D
By: Allen H.B. No. 3029
A BILL TO BE ENTITLED
AN ACT
relating to the minimum salary schedule for certain public school
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 12.133(b), (c), (d), and (e), Education
Code, are amended to read as follows:
(b) Each school year, using state funds received by the
charter holder for that purpose under Subsection (d), a charter
holder that participated in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, full-time speech
language pathologists, full-time audiologists, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,500.
(c) Each school year, using state funds received by the
charter holder for that purpose under Subsection (e), a charter
holder that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year shall provide
employees of the charter holder, other than administrators,
compensation in the form of annual salaries, incentives, or other
compensation determined appropriate by the charter holder that
results in an average compensation increase for classroom teachers,
full-time librarians, full-time counselors, full-time speech
language pathologists, full-time audiologists, and full-time
school nurses who are employed by the charter holder and who would
be entitled to a minimum salary under Section 21.402 if employed by
a school district, in an amount at least equal to $2,000.
(d) Each school year, in addition to any amounts to which a
charter holder is entitled under this chapter, a charter holder
that participated in the program under Chapter 1579, Insurance
Code, for the 2005-2006 school year is entitled to state aid in an
amount, as determined by the commissioner, equal to the product of
$2,500 multiplied by the number of classroom teachers, full-time
librarians, full-time counselors, full-time speech language
pathologists, full-time audiologists, and full-time school nurses
employed by the charter holder at an open-enrollment charter
school.
(e) Each school year, in addition to any amounts to which a
charter holder is entitled under this chapter, a charter holder
that did not participate in the program under Chapter 1579,
Insurance Code, for the 2005-2006 school year is entitled to state
aid in an amount, as determined by the commissioner, equal to the
product of $2,000 multiplied by the number of classroom teachers,
full-time librarians, full-time counselors, full-time speech
language pathologists, full-time audiologists, and full-time
school nurses employed by the charter holder at an open-enrollment
charter school.
SECTION 2. Section 19.007(f), Education Code, is amended to
read as follows:
(f) In addition to other amounts received by the district
under this section, the district is entitled to state aid in an
amount equal to the product of $2,000 multiplied by the number of
classroom teachers, full-time librarians, full-time counselors
certified under Subchapter B, Chapter 21, full-time speech language
pathologists, full-time audiologists, and full-time school nurses
who are employed by the district and who would be entitled to a
minimum salary under Section 21.402 if employed by a school
district operating under Chapter 11.
SECTION 3. Section 19.009(d-1), Education Code, is amended
to read as follows:
(d-1) Each school year, the district shall pay an amount at
least equal to $2,000 to each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B,
Chapter 21, full-time speech language pathologist, full-time
audiologist, and full-time school nurse who is employed by the
district and who would be entitled to a minimum salary under Section
21.402 if employed by a school district operating under Chapter 11.
A payment under this section is in addition to wages the district
would otherwise pay the employee during the school year.
SECTION 4. Sections 21.402(a) and (g), Education Code, are
amended to read as follows:
(a) Except as provided by Subsection (d), (e), or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B,
full-time speech language pathologist, full-time audiologist, or
full-time school nurse not less than the minimum monthly salary,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule, determined by the
following formula:
MS = SF x FS
where:
"MS" is the minimum monthly salary;
"SF" is the applicable salary factor specified by Subsection
(c); and
"FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516(b)(1)(B), but not
funds provided under Section 42.2516(b)(1)(A), (b)(1)(C), (b)(2),
or (b)(3), available to a district eligible to receive state
assistance under Section 42.302 with a maintenance and operations
tax rate per $100 of taxable value equal to the product of the state
compression percentage, as determined under Section 42.2516,
multiplied by $1.50, except that the amount of state and local funds
per weighted student does not include the amount attributable to
the increase in the guaranteed level made by Chapter 1187 (H.B.
3343), Acts of the 77th Legislature, Regular Session, 2001.
(g) The commissioner may adopt rules to govern the
application of this section, including rules that:
(1) require the payment of a minimum salary under this
section to a person employed in more than one capacity for which a
minimum salary is provided and whose combined employment in those
capacities constitutes full-time employment; and
(2) specify the credentials a person must hold to be
considered a school nurse, speech language pathologist, or
audiologist under this section.
SECTION 5. Sections 21.403(a) and (c), Education Code, are
amended to read as follows:
(a) A teacher, librarian, counselor, speech language
pathologist, audiologist, or nurse shall advance one step on the
minimum salary schedule under Section 21.402 for each year of
experience as a teacher, librarian, counselor, speech language
pathologist, audiologist, or nurse until step 20 is reached.
(c) The commissioner shall adopt rules for determining the
experience for which a teacher, librarian, counselor, speech
language pathologist, audiologist, or nurse is to be given credit
in placing the teacher, librarian, counselor, speech language
pathologist, audiologist, or nurse on the minimum salary schedule.
A district shall credit the teacher, librarian, counselor, speech
language pathologist, audiologist, or nurse for each year of
experience without regard to whether the years are consecutive.
SECTION 6. Section 30.102(b), Education Code, is amended to
read as follows:
(b) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, Chapter 21, full-time
speech language pathologist, full-time audiologist, or full-time
school nurse employed by the commission is entitled to receive as a
minimum salary the monthly salary specified by Section 21.402. A
classroom teacher, full-time librarian, full-time counselor,
full-time speech language pathologist, full-time audiologist, or
full-time school nurse may be paid, from funds appropriated to the
commission, a salary in excess of the minimum specified by that
section, but the salary may not exceed the rate of pay for a similar
position in the public schools of an adjacent school district.
SECTION 7. Section 42.2512(a), Education Code, is amended
to read as follows:
(a) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, is entitled
to state aid in an amount, as determined by the commissioner, equal
to the difference, if any, between:
(1) an amount equal to the product of $3,000
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, full-time speech language pathologists, full-time
audiologists, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
(2) an amount equal to 80 percent of the amount of
additional funds to which the district is entitled due to the
increases made by Chapter 396 (S.B. 4) [S.B. No. 4], Acts of the
76th Legislature, Regular Session, 1999, to:
(A) the equalized wealth level under Section
41.002;
(B) the basic allotment under Section 42.101; and
(C) the guaranteed level of state and local funds
per weighted student per cent of tax effort under Section 42.302.
SECTION 8. Section 42.2516(b), Education Code, is amended
to read as follows:
(b) Subject to Subsections (b-1), (b-2), (f-1), (g), and
(h), but notwithstanding any other provision of this title, a
school district is entitled to state revenue necessary to provide
the district with the sum of:
(1) the amount of state revenue necessary to maintain
state and local revenue per student in weighted average daily
attendance in the amount equal to the greater of:
(A) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district available to the district for the
2005-2006 school year;
(B) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district to which the district would have been
entitled for the 2006-2007 school year under this chapter, as it
existed on January 1, 2006, or, if the district would have been
subject to Chapter 41, as that chapter existed on January 1, 2006,
the amount to which the district would have been entitled under that
chapter, based on the funding elements in effect for the 2005-2006
school year, if the district imposed a maintenance and operations
tax at the rate adopted by the district for the 2005 tax year; or
(C) the amount of state and local revenue per
student in weighted average daily attendance for the maintenance
and operations of the district to which the district would have been
entitled for the 2006-2007 school year under this chapter, as it
existed on January 1, 2006, or, if the district would have been
subject to Chapter 41, as that chapter existed on January 1, 2006,
the amount to which the district would have been entitled under that
chapter, based on the funding elements in effect for the 2005-2006
school year, if the district imposed a maintenance and operations
tax at the rate equal to the rate described by Section 26.08(i) or
(k)(1), Tax Code, as applicable, for the 2006 tax year;
(2) an amount equal to the product of $2,500
multiplied by the number of classroom teachers, full-time
librarians, full-time counselors certified under Subchapter B,
Chapter 21, full-time speech language pathologists, full-time
audiologists, and full-time school nurses employed by the district
and entitled to a minimum salary under Section 21.402; and
(3) an amount equal to the product of $275 multiplied
by the number of students in average daily attendance in grades nine
through 12 in the district.
SECTION 9. This Act applies beginning with the 2009-2010
school year.
SECTION 10. This Act takes effect September 1, 2009.