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79R6124 SLO-D
By: Allen of Harris H.B. No. 3064
A BILL TO BE ENTITLED
AN ACT
relating to public school classroom instruction and teacher
compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.402, Education Code, is amended by
amending Subsection (d) and adding Subsections (c-1), (c-2), and
(c-3) to read as follows:
(c-1) Notwithstanding Subsection (a), for the 2005-2006
school year, a classroom teacher is entitled to a monthly salary
that is at least equal to the sum of:
(1) the monthly salary the employee would have
received for the 2005-2006 school year, as applicable under the
district's salary schedule for the 2004-2005 school year, if that
schedule had been in effect for the 2005-2006 school year,
including any local supplement and any money representing a career
ladder supplement the employee would have received in the 2005-2006
school year; and
(2) $311.60.
(c-2) Notwithstanding Subsection (a), for the 2006-2007
school year, a classroom teacher is entitled to a monthly salary
that is at least equal to the sum of:
(1) the monthly salary the employee would have
received for the 2006-2007 school year, as applicable under the
district's salary schedule for the 2004-2005 school year, if that
schedule had been in effect for the 2006-2007 school year,
including any local supplement and any money representing a career
ladder supplement the employee would have received in the 2006-2007
school year; and
(2) $623.20.
(c-3) Subsection (c-1) expires September 1, 2006.
Subsection (c-2) and this subsection expire September 1, 2007.
(d) A classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, or full-time school nurse
employed by a school district in the 2006-2007 [2000-2001] school
year is, as long as the employee is employed by the same district,
entitled to a salary that is at least equal to the salary the
employee received for the 2006-2007 [2000-2001] school year.
SECTION 2. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.418 to read as follows:
Sec. 21.418. STIPEND FOR CERTAIN TEACHERS. (a) A classroom
teacher is entitled to an annual stipend of $2,000 if the teacher:
(1) holds an appropriate certificate issued as
provided by Subchapter B; and
(2) satisfies one or more of the following
requirements:
(A) is assigned to a campus at which at least 75
percent of the students are educationally disadvantaged;
(B) is assigned to an understaffed rural campus
as determined in accordance with commissioner rule;
(C) is assigned to a campus that is considered
low-performing under Section 39.132; or
(D) teaches in a subject area designated by the
commissioner as experiencing a critical shortage of teachers in
this state.
(b) A stipend a teacher receives under this section:
(1) is in addition to the regular salary to which a
teacher is otherwise entitled under the district's salary schedule;
and
(2) is not considered in determining whether the
district is paying the teacher the minimum monthly salary under
Section 21.402.
(c) A stipend a teacher receives under this section shall be
paid using funds appropriated for that purpose. The commissioner
shall distribute the funds to each school district at which a
teacher who is entitled to a stipend under this section is employed.
A teacher is entitled to a stipend under this section only to the
extent sufficient state funds are appropriated for that purpose.
If state funds are appropriated but are insufficient to fully fund
the stipends:
(1) the commissioner shall reduce the amount paid for
the stipends to each district at which a teacher who is entitled to
a stipend under this section is employed; and
(2) the district shall reduce the amount of the
stipend the district pays to each teacher entitled to a stipend
under this section proportionately so that each teacher receives
the same amount of money.
(d) A decision of the commissioner concerning the amount of
money to which a school district is entitled under this section is
final and may not be appealed. Each district shall, in the manner
and at the time prescribed by the commissioner, provide to the
commissioner proof acceptable to the commissioner of the employment
of a teacher entitled to a stipend under this section.
(e) The commissioner may adopt rules necessary to
administer this section.
SECTION 3. Section 25.112, Education Code, is amended by
amending Subsections (a) and (d) and adding Subsections (a-1) and
(e) to read as follows:
(a) Except as otherwise authorized by this section or except
as provided by Section 25.114, a school district may not enroll more
than:
(1) 22 students in a kindergarten, first, second,
third, [or] fourth, or fifth grade class;
(2) 26 students in a class composed primarily of
students enrolled in the sixth, seventh, or eighth grade; or
(3) 30 students in a class composed primarily of
students enrolled in the 9th, 10th, 11th, or 12th grade.
(a-1) A limit imposed by Subsection (a) [That limitation]
does not apply during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 42.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
(d) On application of a school district, the commissioner
may except the district from a [the] limit imposed by [in]
Subsection (a) if the commissioner finds the limit works an undue
hardship on the district. An exception expires at the end of the
semester for which it is granted, and the commissioner may not grant
an exception for[:
[(1)] more than one semester at a time.
(e) On application of a school district, the commissioner
may except a district campus from a limit imposed by Subsection (a).
The commissioner may except a campus under this subsection only if
the campus meets criteria adopted by the commissioner for granting
an exception under this subsection. The agency must solicit public
comment and hold a public hearing before adopting criteria under
this subsection. An exception under this subsection expires at the
end of the semester for which it is granted, and the commissioner
may not grant an exception for more than one semester at a time.
SECTION 4. Section 25.113(a), Education Code, is amended to
read as follows:
(a) A campus or district that is granted an exception under
Section 25.112(d) or (e) from class size limits shall provide
written notice of the exception to the parent of or person standing
in parental relation to each student affected by the exception. The
notice must be in conspicuous bold or underlined print and:
(1) specify the class for which an exception from a
[the] limit imposed by Section 25.112(a) was granted;
(2) state the number of children in the class for which
the exception was granted; and
(3) be included in a regular mailing or other
communication from the campus or district, such as information sent
home with students.
SECTION 5. Subchapter D, Chapter 25, Education Code, is
amended by adding Section 25.114 to read as follows:
Sec. 25.114. MAXIMUM CLASS SIZE FOR CERTAIN ELEMENTARY
SCHOOL STUDENTS. If a student in the third, fourth, or fifth grade
at a campus does not perform satisfactorily on an assessment
instrument administered under Section 39.023(a), that campus may
not enroll the student in a class with more than nine other students
until the student completes the sixth grade.
SECTION 6. Section 29.153(c), Education Code, is amended to
read as follows:
(c) A prekindergarten class under this section shall be
operated on a full-day [half-day] basis. A district is not required
to provide transportation for a prekindergarten class, but
transportation, if provided, is included for funding purposes as
part of the regular transportation system.
SECTION 7. Section 29.1531(a), Education Code, is amended
to read as follows:
(a) A school district may offer on a tuition basis or use
district funds to provide[:
[(1) an additional half-day of prekindergarten
classes to children eligible for classes under Section 29.153; and
[(2)] half-day and full-day prekindergarten classes
to children not eligible for classes under Section 29.153.
SECTION 8. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.2516 to read as follows:
Sec. 42.2516. ADDITIONAL STATE AID OR CREDIT AGAINST COST
OF ATTENDANCE CREDITS FOR CLASSROOM TEACHER SALARIES. (a) A school
district, including a school district that is otherwise ineligible
for state aid under this chapter, is entitled to state aid in an
amount, as determined by the commissioner, equal to the product of
$6,232 multiplied by the number of classroom teachers employed by
the district and entitled to a minimum salary under Section 21.402.
(a-1) Subsection (a) applies beginning with the 2006-2007
school year. For the 2005-2006 school year, a school district,
including a school district that is otherwise ineligible for state
aid under this chapter, is entitled to state aid in an amount, as
determined by the commissioner, equal to the product of $3,116
multiplied by the number of classroom teachers employed by the
district and entitled to the minimum salary under Section 21.402.
This subsection expires September 1, 2006.
(b) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of state aid to which
the district is entitled under this section, against the total
amount required under Section 41.093 for the district to purchase
attendance credits.
(c) A determination by the commissioner under this section
is final and may not be appealed.
(d) The commissioner may adopt rules to implement this
section.
SECTION 9. Section 822.201(b), Government Code, is amended
to read as follows:
(b) "Salary and wages" as used in Subsection (a) means:
(1) normal periodic payments of money for service the
right to which accrues on a regular basis in proportion to the
service performed;
(2) amounts by which the member's salary is reduced
under a salary reduction agreement authorized by Chapter 610;
(3) amounts that would otherwise qualify as salary and
wages under Subdivision (1) but are not received directly by the
member pursuant to a good faith, voluntary written salary reduction
agreement in order to finance payments to a deferred compensation
or tax sheltered annuity program specifically authorized by state
law or to finance benefit options under a cafeteria plan qualifying
under Section 125, [of the] Internal Revenue Code of 1986, if:
(A) the program or benefit options are made
available to all employees of the employer; and
(B) the benefit options in the cafeteria plan are
limited to one or more options that provide deferred compensation,
group health and disability insurance, group term life insurance,
dependent care assistance programs, or group legal services plans;
(4) performance pay awarded to an employee by a school
district as part of a total compensation plan approved by the board
of trustees of the district and meeting the requirements of
Subsection (e);
(5) the benefit replacement pay a person earns under
Subchapter H, Chapter 659, except as provided by Subsection (c);
(6) stipends paid to teachers in accordance with
Section 21.410, 21.411, or 21.412[, or 21.413], Education Code,
Section 21.413, Education Code, as added by Chapter 430, Acts of the
78th Legislature, Regular Session, 2003, or Section 21.418,
Education Code;
(7) amounts by which the member's salary is reduced or
that are deducted from the member's salary as authorized by
Subchapter J, Chapter 659; and
(8) a merit salary increase made under Section 51.962,
Education Code.
SECTION 10. This Act applies beginning with the 2005-2006
school year.
SECTION 11. This Act takes effect September 1, 2005.