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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. (E)A speech pathologist is an educator employed to provide full-time speech pathology services and who meets all the requirements to practice as a speech pathologist pursuant to the rules and regulations relating to professional speech pathology education, licensure, and practice and has been issued a license to practice professional speech pathology in Texas. This definition encompasses all speech pathologists that have been licensed by the Texas Education Agency, ending August 31, 1996, and by the Health and Human Services Commission, beginning September 1, 1996. This subparagraph expires September 1, 2011. (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 monthly salary for the 2009-2010 and 2010-2011 school years. The base monthly salary is the monthly salary the employee received during the 2008-2009 school year, provided the district has adopted a 2008-2009 local salary schedule for those eligible individuals. Each eligible individual must be paid, at a minimum, the amount that was received on the 2008-2009 local salary schedule, for their level of creditable years of experience, pursuant to §153.1021 of this title (relating to Recognition of Creditable Years of Service). This amount includes any local supplement and any money representing a career ladder supplement the employee would have received on the district's salary schedule during the 2009-2010 and 2010-2011 school years, and the greater of $80 or a uniform monthly amount determined by multiplying $60 by the number of students in weighted average daily attendance (WADA), then dividing that product by the total number of months of employment of eligible employees during the 2009-2010 school year. For the purpose of determining the uniform monthly amount, the product of $60 multiplied by the number of students in WADA may be reduced by related social security coverage costs and by related payments made by the district under Government Code, §825.405. (1)An educator eligible for the salary increase is entitled to a minimum salary in the 2009-2010 and 2010-2011 school years 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 2008-2009 salary schedule, provided the district has adopted a 2008-2009 local salary schedule, plus the greater of $80 or a uniform monthly amount determined by multiplying $60 by the number of students in WADA, then dividing that product by the total number of months of employment of eligible employees during the 2009-2010 school year. For the purpose of determining the uniform monthly pay raise amount, the product of $60 multiplied by the number of students in WADA may be reduced by related social security coverage costs and by related payments made by the district under Government Code, §825.405. If employed by the same district, the minimum must include any local and career ladder supplements the employee would have received in the 2008-2009 school year. (Attorney General Opinion No. GA-0785) (2)Eligible full-time counselors, full-time nurses, and full-time librarians are entitled to a minimum salary in the 2009-2010 and 2010-2011 school years 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 2008-2009 salary schedule, provided the district has adopted a 2008-2009 local salary schedule, plus the greater of $80 or a uniform monthly amount determined by multiplying $60 by the number of students in WADA, then dividing that product by the total number of months of employment of eligible employees during the 2009-2010 school year. For the purpose of determining the uniform monthly amount, the product of $60 multiplied by the number of students in WADA may be reduced by related social security coverage costs and by related payments made by the district under Government Code, §825.405. These eligible employees are placed on the state schedule according to the same criteria that applies to classroom teachers and full-time librarians pursuant to §153.1021 of this title. (3)Eligible speech pathologists are entitled to receive the monthly salary they received during the 2008-2009 school year, under the district's salary schedule, as if that schedule had been in effect for the 2009-2010 and 2010-2011 school years, including any local supplement, plus the greater of $80 or a uniform monthly amount determined by multiplying $60 by the number of students in WADA, then dividing that product by the total number of months of employment of eligible employees during the 2009-2010 school year. For the purpose of determining the uniform monthly amount, the product of $60 multiplied by the number of students in WADA may be reduced by related social security coverage costs and by related payments made by the district under Government Code, §825.405. This paragraph expires September 1, 2011. (4)A beginning eligible employee who has not previously been on the state salary schedule is entitled to any local supplement that would have been offered to a beginning eligible employee on the employing district's 2008-2009 salary schedule, including the pay raise that was mandated by House Bill 3646, 81st Texas Legislature, 2009, for the 2009-2010 school year (the greater of $80 per month or an amount that represents $60 multiplied by the number of students in WADA), as if that schedule had been in effect during the 2009-2010 and 2010-2011 school years. (Attorney General Opinion No. GA-0785) (5)Educators who are eligible for the salary increase and who are employed for more than ten months are entitled to the greater of $80 or a uniform monthly amount determined by multiplying $60 by the number of students in WADA, then dividing that product by the total number of months of employment of eligible employees during the 2009-2010 school year. For the purpose of determining the uniform monthly amount, the product of $60 multiplied by the number of students in WADA may be reduced by related social security coverage costs and by related payments made by the district under Government Code, §825.405. These individuals are eligible for an increase in pay for each full month of additional service. (6)Classroom teachers who are eligible for the salary increase, pursuant to TEC, §5.001, 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 classroom teachers working less than 100% of the day, the increase is proportionate to the percent of the day employed. For classroom teachers employed less than a full year, the increase is valid only for the months employed. (7)Full-time nurses, full-time librarians, full-time speech pathologists, and full-time 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." "FS" is the amount, as determined by the commissioner under TEC, §21.402(b), of state and local funds per weighted student, including funds provided under TEC, §42.2516, available to a district eligible to receive state assistance under TEC, §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 TEC, §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, Acts of the 77th Texas Legislature, Regular Session, 2001. (d)Monthly minimum salary rates. The minimum monthly salary rates applicable for the 2009-2010 and 2010-2011 school years, in accordance with this section and TEC, §21.402, shall be as set forth in the table in this subsection. 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 December 10, 2010
TRD-201007004 Christina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: December 30, 2010
Proposal publication date: October 1, 2010
For further information, please call: (512) 475-1497
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