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.