1 | 1 | | 81R1212 PAM-D |
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2 | 2 | | By: Martinez H.B. No. 86 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the salary paid to certain professional employees of |
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8 | 8 | | public schools. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 21.402(a), (b), and (d), Education |
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11 | 11 | | Code, are amended to read as follows: |
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12 | 12 | | (a) Except as provided by Subsection (d), (e), or (f), a |
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13 | 13 | | school district must pay each classroom teacher, full-time |
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14 | 14 | | librarian, full-time counselor certified under Subchapter B, or |
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15 | 15 | | full-time school nurse not less than the minimum monthly salary[, |
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16 | 16 | | based on the employee's level of experience in addition to other |
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17 | 17 | | factors, as determined by commissioner rule,] determined as |
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18 | 18 | | provided by Subsection (b). [the following formula: |
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19 | 19 | | [MS = SF x FS |
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20 | 20 | | [where: |
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21 | 21 | | ["MS" is the minimum monthly salary; |
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22 | 22 | | ["SF" is the applicable salary factor specified by Subsection |
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23 | 23 | | (c); and |
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24 | 24 | | ["FS" is the amount, as determined by the commissioner under |
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25 | 25 | | Subsection (b), of state and local funds per weighted student, |
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26 | 26 | | including funds provided under Section 42.2516(b)(1)(B), but not |
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27 | 27 | | funds provided under Section 42.2516(b)(1)(A), (b)(1)(C), (b)(2), |
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28 | 28 | | or (b)(3), available to a district eligible to receive state |
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29 | 29 | | assistance under Section 42.302 with a maintenance and operations |
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30 | 30 | | tax rate per $100 of taxable value equal to the product of the state |
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31 | 31 | | compression percentage, as determined under Section 42.2516, |
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32 | 32 | | multiplied by $1.50, except that the amount of state and local funds |
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33 | 33 | | per weighted student does not include the amount attributable to |
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34 | 34 | | the increase in the guaranteed level made by Chapter 1187, Acts of |
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35 | 35 | | the 77th Legislature, Regular Session, 2001.] |
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36 | 36 | | (b) The commissioner shall adopt rules to establish a method |
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37 | 37 | | for annually setting a salary schedule for classroom teachers, |
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38 | 38 | | full-time librarians, full-time counselors certified under |
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39 | 39 | | Subchapter B, and full-time school nurses based on the employee's |
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40 | 40 | | level of experience. The commissioner's method must provide a |
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41 | 41 | | salary level for each year of experience from zero years through 20 |
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42 | 42 | | years. The commissioner shall ensure that the salary schedule is |
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43 | 43 | | consistent with the national average salary, based on experience, |
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44 | 44 | | for those employees as determined by statistics gathered by the |
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45 | 45 | | National Center for Education Statistics or a similar independent |
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46 | 46 | | education-oriented institution. Not later than June 1 of each year, |
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47 | 47 | | the commissioner shall determine, based on the salary schedule, the |
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48 | 48 | | minimum monthly salary for each classroom teacher, full-time |
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49 | 49 | | librarian, full-time counselor certified under Subchapter B, and |
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50 | 50 | | full-time nurse [the amount of state and local funds per weighted |
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51 | 51 | | student available, for purposes of Subsection (a), to a district |
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52 | 52 | | described by that subsection] for the following school year. |
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53 | 53 | | (d) A classroom teacher, full-time librarian, full-time |
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54 | 54 | | counselor certified under Subchapter B, or full-time school nurse |
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55 | 55 | | employed by a school district in the 2009-2010 [2006-2007] school |
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56 | 56 | | year is, as long as the employee is employed by the same district, |
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57 | 57 | | entitled to a salary that is at least equal to the salary the |
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58 | 58 | | employee received for the 2009-2010 [2006-2007] school year. |
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59 | 59 | | SECTION 2. Section 21.403(a), Education Code, is amended to |
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60 | 60 | | read as follows: |
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61 | 61 | | (a) A teacher, librarian, counselor, or nurse shall advance |
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62 | 62 | | one level [step] on the minimum salary schedule established by |
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63 | 63 | | commissioner rule under Section 21.402 for each year of experience |
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64 | 64 | | as a teacher, librarian, counselor, or nurse until level [step] 20 |
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65 | 65 | | is reached. |
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66 | 66 | | SECTION 3. Section 42.2516, Education Code, is amended by |
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67 | 67 | | adding Subsection (e-1) to read as follows: |
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68 | 68 | | (e-1) The amount of state aid or credit to which a school |
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69 | 69 | | district is entitled under Section 42.2518 is in addition to the |
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70 | 70 | | amount of revenue to which the district is entitled under |
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71 | 71 | | Subsection (b). |
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72 | 72 | | SECTION 4. Subchapter E, Chapter 42, Education Code, is |
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73 | 73 | | amended by adding Section 42.2518 to read as follows: |
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74 | 74 | | Sec. 42.2518. ADDITIONAL STATE AID OR CREDIT AGAINST COST |
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75 | 75 | | OF ATTENDANCE CREDITS FOR PROFESSIONAL STAFF SALARIES. (a) For |
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76 | 76 | | each school year, a school district, including a school district |
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77 | 77 | | that is otherwise ineligible for state aid under this chapter, is |
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78 | 78 | | entitled to state aid in an amount, as determined by the |
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79 | 79 | | commissioner, equal to the difference between the district's salary |
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80 | 80 | | cost under Section 21.402, as amended by __.B. ___, Acts of the 81st |
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81 | 81 | | Legislature, Regular Session, 2009, for all classroom teachers, |
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82 | 82 | | full-time librarians, full-time counselors certified under |
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83 | 83 | | Subchapter B, Chapter 21, and full-time school nurses employed by |
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84 | 84 | | the district and an amount equal to what the district's salary costs |
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85 | 85 | | would have been for that school year under Section 21.402, as it |
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86 | 86 | | existed before amendment by __.B. ___, Acts of the 81st |
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87 | 87 | | Legislature, Regular Session, 2009. |
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88 | 88 | | (b) A school district that is required to take action under |
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89 | 89 | | Chapter 41 to reduce its wealth per student to the equalized wealth |
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90 | 90 | | level is entitled to a credit, in the amount of state aid to which |
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91 | 91 | | the district is entitled under this section, against the total |
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92 | 92 | | amount required under Section 41.093 for the district to purchase |
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93 | 93 | | attendance credits. |
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94 | 94 | | (c) A determination by the commissioner under this section |
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95 | 95 | | is final and may not be appealed. |
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96 | 96 | | (d) The commissioner may adopt rules to implement this |
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97 | 97 | | section. |
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98 | 98 | | SECTION 5. Section 21.402(c), Education Code, is repealed. |
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99 | 99 | | SECTION 6. Not later than January 1, 2010, the commissioner |
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100 | 100 | | of education shall adopt rules to establish a method for annually |
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101 | 101 | | setting a salary schedule as provided by Section 21.402(b), |
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102 | 102 | | Education Code, as amended by this Act. |
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103 | 103 | | SECTION 7. This Act applies beginning with the 2010-2011 |
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104 | 104 | | school year. |
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105 | 105 | | SECTION 8. This Act takes effect September 1, 2009. |
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