By:  Zaffirini                                                    S.B. No. 190

A BILL TO BE ENTITLED
AN ACT
relating to the operation of the Texas School for the Deaf. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 30.051, Education Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: (a) The Texas School for the Deaf is a state agency established to provide educational services to persons who are 21 years of age or younger on September 1 of any school year and who are deaf or hard of hearing and who may have one or more other disabilities. The school shall provide[: [(1)] comprehensive educational services, on a day or residential basis, and[; [(2)] short-term services to allow a student to better achieve educational results from services available in the community. The school is not intended to serve: (1) students whose needs are appropriately addressed in a home or hospital setting or a residential treatment facility; or (2) students whose primary, ongoing needs are related to a severe or profound emotional, behavioral, or cognitive deficit[; and [(3) services for any student who is deaf or hard of hearing and also has an additional disability and who requires a specialized support program but does not require a residential treatment facility]. (e) If a school district or another educational entity requests an assessment of a student's educational or related needs related to hearing impairment, the school may conduct an assessment and charge a reasonable fee for the assessment. SECTION 2. Subsection (d), Section 30.053, Education Code, is amended to read as follows: (d) The board shall annually establish the superintendent's salary. The annual salary [must be based on not more than 230 days of service and] may not exceed 120 percent of the annual salary of the highest paid instructional administrator at the school. SECTION 3. Section 30.055, Education Code, is amended by amending Subsection (b) and adding Subsection (g) to read as follows: (b) The governing board of the school may enter into an employment contract with any employee who provides, or supervises any employee who provides, direct and regular educational services to students or who provides other professional, educational services. An employee employed under this subsection is not subject to Section 2252.901, Government Code. Each teacher shall be employed under a term contract as provided by Subchapter E, Chapter 21, or under a probationary contract as provided by Subchapter C, Chapter 21. An employee employed under a contract under this subsection: (1) shall be paid in accordance with a salary structure adopted by the superintendent with the concurrence of the board that provides salaries, including assignment stipends, equal, on a daily-rate basis, to salaries, including assignment stipends, paid to employees employed in comparable positions by the Austin Independent School District; (2) is not eligible for longevity pay under Subchapter D, Chapter 659, Government Code, and is not entitled to a paid day off from work on any national or state holiday; (3) is eligible for sick leave accrual under the General Appropriations Act in each month in which at least one day of the month is included in the term of the employment contract and in any other month in which work is performed or paid leave is taken; (4) may be permitted by the board to use a maximum of four days per contract term of accrued sick leave for personal reasons as designated by the board but the number of sick leave days not used for personal reasons during a contract term may not be carried forward to a subsequent contract term for use as personal leave; (5) shall be paid the salary designated in the employment contract in 12 [equal] monthly installments if the employee chooses to be paid in that manner; [and] (6) shall work the hours established by the superintendent; and (7) in addition to the contract salary received during the employee's first year of employment with the school and for the purpose of reducing a vacancy in a position that is difficult to fill because of the specialized nature and the limited number of qualified applicants, may be paid a salary supplement, not to exceed any salary supplement paid by the Austin Independent School District to an employee employed in a comparable position [board]. (g) The school may pay to a teacher or employee who provides services or supervises an employee who provides services as described by Subsection (b) and who is employed to provide short-term services under Section 30.051(a) a salary that, on a daily-rate basis, does not exceed the salary paid by the Austin Independent School District to an employee employed in a comparable position during the regular school year. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.