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(a)Definitions and eligibility. The following definitions and eligibility criteria apply to the increases in the minimum salary schedule in accordance with Texas Education Code (TEC), Chapter 21. (1)The staff positions that qualify for the salary increase include classroom teachers and full-time librarians, counselors, and nurses employed by public school districts and who are entitled to a minimum salary under TEC, §21.402. (A)A classroom teacher is an educator who teaches an average of at least four hours per day in an academic or career and technology instructional setting pursuant to TEC, §5.001, focusing on the delivery of the Texas essential knowledge and skills and holds the relevant certificate issued by the State Board for Educator Certification (SBEC) under the provisions of TEC, Chapter 21, Subchapter B. Although non-instructional duties do not qualify as teaching, necessary functions related to the educator's instructional assignment such as instructional planning and transition between instructional periods should be applied to creditable classroom time. (B)A school librarian is an educator who provides full-time library services and holds the relevant certificate issued by the SBEC under the provisions of TEC, Chapter 21, Subchapter B. (C)A school counselor is an educator who provides full-time counseling and guidance services under the provisions of TEC, Chapter 33, Subchapter A, and holds the relevant certificate issued by the SBEC pursuant to the provisions of TEC, Chapter 21, Subchapter B. (D)A school nurse is 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 has been issued a license to practice professional nursing in Texas. (2)An eligible educator who is employed by more than one district in a shared service arrangement or by a single district in more than one capacity among any of the eligible positions qualifies for the salary increase as long as the combined functions constitute full-time employment. (3)Full-time means contracted employment for at least ten months (187 days) for 100% of the school day in accordance with definitions of school day in TEC, §25.082, employment contract in TEC, §21.002, and school year in TEC, §25.081. (4)A local supplement is any amount of pay above the state minimum salary schedule for duties that are part of a teacher's classroom instructional assignment. (5)Current placement on the salary schedule means a placement based on years of service recognized for salary increment purposes up to the current year. (6)Salary schedule means a system of providing routine salary increases based upon an employee's total teaching experience and/or an employee's longevity in a school district. (b)Base pay for the 1999-2001 biennium. As long as employment is in the same position, eligible educators may not receive a minimum salary for each year of the biennium that is less than the salary that they would have received in 1998-1999 at their current placement on the employing district's 1998-1999 salary schedule. (1)An educator eligible for the salary increase is entitled to a minimum salary in 1999-2000 and 2000-2001 equal to the greater of the salary corresponding to their current placement on the state salary schedule pursuant to TEC, §21.402(a), or the salary corresponding to their current placement on the employing district's 1998-1999 salary schedule, plus $300 per month. If employed by the same district, the minimum must include any local and career ladder supplements the employee would have received in 1998-1999. In addition to classroom teachers, this provision applies to eligible counselors, nurses, and librarians whose salary was based on placement on a salary schedule in 1998-1999. (2)Eligible counselors, nurses, and librarians who were not on a salary schedule in 1998-1999 are entitled in 1999-2000 to the greater of the salary earned in 1998-1999 plus $300 per month or to the salary corresponding to their current placement on the salary schedule. These educators are placed on the state schedule according to the same criteria that applies to teachers and librarians pursuant to §153.1021 of this title (relating to Recognition of Creditable Years of Service). In 2000-2001, they are entitled to maintain the salary earned in 1999-2000 or to meet the minimum corresponding to their current placement on the salary schedule, whichever is greater. (3)A beginning teacher who has not previously been on the state salary schedule is entitled to any local supplement that would have been offered to a beginning teacher on the employing district's 1998-1999 salary schedule. (4)Educators who are eligible for the salary increase and who are employed for more than ten months are entitled to an additional $300 in increased pay for each full month of additional service. (5)Teachers who are eligible for the salary increase but who are not employed full-time (work either less than 100% of the day or for a portion of the year) are entitled to a proportionate pay increase. For teachers working less than 100% of the day, the increase is proportionate to the percent of the day employed. For teachers employed less than a full year, the increase is valid only for the months employed. (6)Nurses, librarians, and counselors who are employed for less than a full school year or who are placed in an eligible assignment for less than a full school year are entitled to a pay increase in proportion to the months employed in which they are eligible. (c)Determination of "FS." The value of "FS" in the formula contained in TEC, §21.402, shall be determined by dividing the sum of state and local shares of allotments under TEC, Chapter 42, Subchapters B, C, and F, plus the funds allocated under Rider 69 of the General Appropriations Act, as amended by House Bill 1, First Called Session, 79th Texas Legislature, 2005, by the weighted students in average daily attendance for the year. For this determination, the commissioner of education shall use projections of the total amount of allotments and the number of weighted students for the year. In accordance with TEC, §21.402(a), the commissioner shall project the revenues available under TEC, Chapter 42, Subchapter F, based on a guarantee level of $24.70 and a district enrichment tax rate (DTR) of $0.64. (d)Monthly minimum salary rates. The minimum monthly salary rates applicable for the entire 2005-2006 and 2006-2007 school years, in accordance with this section and TEC, §21.402, shall be as set forth in the table in this subsection. For purposes of the 2005-2006 school year only, a district may make monthly payments based on the 2004-2005 minimum salary schedule for part of the school year, so long as total compensation paid to an eligible educator meets the minimum salary schedule for the 2005-2006 school year. Attached Graphic
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 11, 2006
TRD-200600170 Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: January 31, 2006
Proposal publication date: October 21, 2005
For further information, please call: (512) 475-1497
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