|(a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise:
(1) Accredited institution--A public or private elementary,
secondary, or post-secondary institution whose education program has
been evaluated and deemed accredited by a state department of education
or recognized regional accrediting agency.
(2) Charter school--A charter school that has been
authorized to operate under the Texas Education Code (TEC), Chapter
12, Subchapter D or E.
(3) Assignment--Refers to the actual duties a person
has with a school district or other educational entity.
(4) Authorized leave--Leave granted under the state's
former minimum sick leave program, leave granted under the state's
current minimum personal leave program (which includes physical assault
leave), or any leave granted under a local leave policy for which
the employee is paid as if on regular duty.
(5) Certificate--A document issued by the State Board
for Educator Certification (SBEC) authorizing the holder to teach
in the public elementary and secondary schools of Texas.
(6) Certified--Status of a person who holds a valid
Texas teaching certificate.
(7) Contractual year--The employment period between
July 1 and the following June 30.
(8) Current valid certificate--A certificate that is
or was valid at a given time, including the stipulation that after
June 30, 1986, a Texas certificate is valid only if the certified
person has successfully passed any certification requirement that
was mandated by either the State Board of Education or the SBEC.
(9) Faculty status--Employment by a college or university
as a member of the professional administrative or instructional staff,
not as a graduate assistant, an assistant instructor, or an instructor
on a fellowship. Teachers with a valid Texas Standard classroom teaching
certificate completing a teacher fellows graduate program through
an accredited Texas university and employed at a Texas public school
as a classroom teacher beginning July 1, 2015, may be eligible for
up to one year of service for salary increment purposes provided the
minimum employment requirements specified in subsection (f) of this
section are met.
(10) Full-time employment--Employment for 100% of an
institution's normal work schedule.
(11) Full-time equivalency--The amount of time required
of a staff member to perform a less than full-time assignment divided
by the amount of time required in performing a corresponding full-time
assignment. Full-time equivalency of assignment usually is expressed
as a decimal fraction to the nearest tenth.
(12) Minimum salary--The minimum salary a classroom
teacher, full-time librarian, full-time counselor, or full-time school
nurse must be paid as prescribed in TEC, Chapter 21.
(13) Part-time employment--Employment for less than
100% of an institution's normal work schedule.
(14) Professional personnel--Teachers, full-time librarians,
full-time counselors, full-time school nurses, other employees who
are required to hold a certificate issued under TEC, Chapter 21, Subchapter
B, and any other personnel reported by a school district to the Public
Education Information Management System with a "professional" role-id.
(15) Regional accrediting agency--The recognized regional
accrediting agencies are:
(A) Southern Association of Colleges and Schools;
(B) Middle States Association of Colleges and Schools;
(C) North Central Association of Colleges and Schools;
(D) New England Association of Schools and Colleges;
(E) Western Association of Schools and Colleges;
(F) Northwest Accreditation Commission;
(G) Northwest Commission on Colleges and Universities;
(H) Commission on International and Trans-regional
(I) International Baccalaureate Organization;
(J) European Council of International Schools/Council
of International Schools; and
(K) National Council for Private School Accreditation.
(16) Salary increments--Increases in salary granted
for teaching or work experience.
(17) School nurse--An educator employed to provide
full-time nursing and health care services and who meets all the requirements
to practice as a registered nurse (RN) pursuant to the Nursing Practice
Act and the rules and regulations relating to professional nurse education,
licensure, and practice, and who has been issued a license to practice
professional nursing in Texas.
(18) Service--A term of employment measured in school
years in an entity in which the employment is recognized for salary
(19) State school--A school that is funded by legislative
action in the appropriations act. These schools include the Texas
School for the Blind, the Texas School for the Deaf, and schools under
the jurisdiction of the Texas Department of State Health Services
(formerly the Texas Department of Mental Health and Mental Retardation)
and the Juvenile Justice Department (formerly known as the Texas Youth
(20) Substitute teacher--A certified teacher who works
on call, does not have a full-time assignment, and provides instruction.
(21) Teacher service record--The official document
used to record years of service and days used and accumulated under
the state's former minimum sick leave program or the state's current
personal leave program. A service record with a digital signature
is only valid for the intended recipient as recorded on the service
record. A digital version that includes information from previous
employing districts is acceptable if the most recent school district
is the designated recipient of the information from the previous districts.
The digital service record will not be official if the recipient is
the educator; however, upon request the district will provide a copy
to the educator in accordance with the TEC, §21.4031(b).
(b) Required documentation. The following records on
professional personnel must be readily available for review.
(1) credentials (certificate or license);
(2) service record(s) and any required attachments;
(4) teaching schedule or other assignment record; and
(5) absence from duty reports.
(c) Credentials for professional personnel. The credentials
for professional personnel are as follows.
(1) A current valid Texas certificate, a special assignment
permit, a nonrenewable permit, a non-certified instructor's permit,
an emergency teaching permit, or the appropriate licensure from the
State of Texas.
(2) For special education related service teachers,
the credential must be appropriate licensure from the State of Texas.
(3) For those special education related service personnel
who do not require Texas certification or licensure, proper credentials
as described in §89.1131 of this title (relating to Qualifications
of Special Education, Related Service, and Paraprofessional Personnel)
(d) Teacher service record. The basic document in support
of the number of years of professional service claimed for salary
increment purposes and both the state's sick and personal leave program
data for all personnel is the teacher service record (form FIN-115)
or a similar form containing the same information. It is the responsibility
of the issuing school district or charter school to ensure that service
records are true and correct and that all service recorded on the
service record was actually performed.
(1) The service record must be validated by a person
designated by the school district or charter school to sign service
(2) Supporting documents are required for service in
out-of-state private schools, foreign public and private institutions,
the military, and colleges and universities. The type of supporting
documentation for each particular entity is prescribed by subsection
(h) of this section.
(3) If a person is employed by more than one school
district or charter school during the same school year, a service
record from each employing district or charter school is required.
(4) For personnel employed in a year-round school system,
the actual dates of employment during that school's calendar must
be indicated on the service record. The dates may not necessarily
conform to the contractual year as defined by subsection (a) of this
(5) The service record shall be kept on file at the
school district or charter school. When employment with the district
or charter school is terminated, the original service record, verified
by the employee shall be given to the employee upon request or sent
to the next employing school district or charter school. The local
school district or charter school must maintain a legible copy for
audit purposes. A scanned version of the original service record may
be considered official if sent directly from one employing district
to another employing district.
(6) Cooperative personnel employed by a fiscal agent/manager
and itinerant personnel of a cooperative shall be considered to be
employees of the fiscal agent/manager and the service record shall
be the fiscal agent/manager's responsibility. Personnel employed by
a member of a cooperative and assigned to the member are employees
of the member and the service record shall be the member's responsibility.
(7) Work experience claimed by career and technology
education personnel for salary increment purposes as prescribed by
subsection (i) of this section must be recorded on a service record.
(8) State sick leave balances, days earned, and days
used by personnel under the former state's minimum sick leave program
and the state's current personal leave program must be recorded on
the service record or another similar form containing the same information.
State sick leave and state personal leave accumulated in Texas public
elementary and secondary schools are transferable among these schools.
State personal leave accrued by an employee of a Texas regional education
service center, not to exceed five days per each year of employment,
is transferable to a Texas public elementary and secondary school.
State sick leave and state personal leave accrued by an employee of
Harris County Department of Education and Dallas County Schools are
transferable to Texas public elementary and secondary schools in accordance
with the TEC, §22.003(a). Local leave accrued under the policy
of any entity recognized for creditable service under subsection (g)
of this section may be transferred to a Texas public elementary or
secondary school at the discretion of the employing school district.
The service record shall separately state the number of accumulated
state days for which the employee is paid, if any, upon separation
from the employing district.
(9) State days used to purchase additional years of
service from the Teacher Retirement System of Texas (TRS) for retirement
purposes must be deducted from the balance reflected on the service
(10) The issuing school district or charter school
must submit the service record to the Texas Education Agency upon
(e) General provisions for years of creditable service.
All service claimed for salary increment purposes must meet the requirements
in subsections (f)-(h) of this section. The service record and any
other required supporting documents must meet the requirements for
such records and documentation in this section. All service shall
be based on the contractual year (July 1-June 30). No more than one
year of experience may be acquired in any one contractual year.
(f) Minimum requirements. The table in this subsection
indicates the minimum number of days required to earn and receive
credit for a year of experience.
(1) For service performed through the 1989-1990 school
year, minimum days at less than 100% or at full-time equivalency are
applicable only to service in Texas public schools, Texas education
service centers, and, beginning in 1978-1979, Texas public colleges
(2) Beginning with service performed during the 1990-1991
school year or any year thereafter, employment at less than 100% of
the day is recognized in all entities where full-time employment is
recognized, provided that documentation is presented to the employing
district which verifies that the employment was for not less than
three and one-half hours each day.
(3) The 90 days required at 100% of the day for years
prior to 1972-1973 may be equivalent to four and one-half months,
a full semester, or three six-weeks. Where the school year was less
than 180 days for any year prior to 1972-1973, a minimum of 175 days
at 50-99% of the day will be accepted, provided that the 175 days
constituted two full semesters or six six-weeks.
(4) For experience from the 1978-1979 through the 1987-1988
school years, full-time equivalent days equal the total number of
days employed at 100% of the day plus days employed at 50-99% of the
day divided by two.
(5) Beginning with the 1988-1989 school year, full-time
equivalent days equal the total number of days employed multiplied
by the percent of day actually worked.