(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
record.
(10) The issuing school district or charter school
must submit the service record to the Texas Education Agency upon
request.
(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.
Attached Graphic
(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
and universities.
(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.
(6) Beginning with the 1998-1999 school year, the 90
days required at 100% of the day may be equivalent to four and one-half
months or a full semester. The 180 days required at 50-99% of the
day may be equivalent to 90 full-time equivalent days (percent of
day employed multiplied by number of days employed).
(7) Extended day migrant program employment shall be
calculated in accordance with this section and the resulting equivalent
must meet the same minimum requirements for professionals for the
year in question.
(A) For service prior to the 1970-1971 school year,
the days employed in the migrant program shall be multiplied by a
factor of 1.37.
(B) For service during the 1970-1971 through the 1975-1976
school years, the days employed in the migrant program shall be multiplied
by a factor of 1.31.
(g) Entities recognized for years of service. Service
in any of the entities listed in this subsection shall be recognized
for professional personnel. The minimum employment requirements in
subsection (f) of this section must be met. Requirements concerning
service in each type of entity in subsection (h) of this section must
also be met. Professional service in the following entities is creditable:
(1) Texas public elementary and secondary schools,
including charter schools;
(2) State regional education service centers;
(3) State departments of education;
(4) Texas Department of Corrections--Windham Schools;
(5) Public elementary and secondary schools in all
other states in the United States or within the boundaries of any
of its territorial possessions;
(6) Overseas schools operated by the U.S. Government;
(7) Texas public or private colleges or universities;
(8) Texas private elementary and secondary schools;
(9) Texas non-public special education contract schools;
(10) Texas Department of State Health Services (formerly
the Texas Department of Mental Health and Mental Retardation)--state
hospitals and state schools;
(11) Texas veterans' vocational schools;
(12) Public or private colleges or universities and
private elementary and secondary schools in all other states in the
United States or within the boundaries of any of its territorial possessions;
(13) Foreign public or private colleges or universities,
or elementary and secondary schools;
(14) U.S. Department of Interior--Bureau of Indian
Affairs;
(15) U.S. service academies;
(16) U.S. military service;
(17) Job Corps; and
(18) Peace Corps (in a professional capacity only).
(h) Requirements. Requirements for entities recognized
for professional personnel are as follows:
(1) Texas public elementary and secondary schools,
including charter schools.
(A) Requirements specific to Texas public elementary
and secondary schools.
(i) All professional personnel must be certified by
the State of Texas, must hold the proper state or national licensure
as required by the position held, or must have the educational requirements
for the job assigned. Regardless of the funding source, classroom
teachers, full-time librarians, full-time counselors, and full-time
school nurses must be paid at least the minimum salary specified in
the Texas State Public Education Compensation Plan.
(ii) Professional personnel placed on developmental
leaves of absence must be paid at least one-half of their state minimum
salary by the school district to receive service credit for increment
purposes.
(iii) Instructors in Reserve Officer Training Corps
(ROTC) programs conducted by local school districts must be certified
or hold an emergency teaching permit. An emergency teaching permit
need not be renewed as long as the person continues in the ROTC assignment.
(iv) Beginning with the 2014-2015 school year, an emergency
teaching permit must be reissued annually in accordance with §230.77
of this title (relating to Specific Requirements for Initial Emergency
Permits).
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