81R1212 PAM-D

By: Martinez H.B. No. 86

A BILL TO BE ENTITLED

AN ACT

relating to the salary paid to certain professional employees of public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 21.402(a), (b), and (d), Education Code, are amended to read as follows:

(a) Except as provided by Subsection (d), (e), or (f), a school district must pay each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse not less than the minimum monthly salary[, based on the employee's level of experience in addition to other factors, as determined by commissioner rule,] determined as provided by Subsection (b). [the following formula:

[MS = SF x FS

[where:

["MS" is the minimum monthly salary;

["SF" is the applicable salary factor specified by Subsection (c); and

["FS" is the amount, as determined by the commissioner under Subsection (b), of state and local funds per weighted student, including funds provided under Section 42.2516(b)(1)(B), but not funds provided under Section 42.2516(b)(1)(A), (b)(1)(C), (b)(2), or (b)(3), available to a district eligible to receive state assistance under Section 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 Section 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 Legislature, Regular Session, 2001.]

(b) The commissioner shall adopt rules to establish a method for annually setting a salary schedule for classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, and full-time school nurses based on the employee's level of experience. The commissioner's method must provide a salary level for each year of experience from zero years through 20 years. The commissioner shall ensure that the salary schedule is consistent with the national average salary, based on experience, for those employees as determined by statistics gathered by the National Center for Education Statistics or a similar independent education-oriented institution. Not later than June 1 of each year, the commissioner shall determine, based on the salary schedule, the minimum monthly salary for each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, and full-time nurse [the amount of state and local funds per weighted student available, for purposes of Subsection (a), to a district described by that subsection] for the following school year.

(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 2009-2010 [2006-2007] 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 2009-2010 [2006-2007] school year.

SECTION 2. Section 21.403(a), Education Code, is amended to read as follows:

(a) A teacher, librarian, counselor, or nurse shall advance one level [step] on the minimum salary schedule established by commissioner rule under Section 21.402 for each year of experience as a teacher, librarian, counselor, or nurse until level [step] 20 is reached.

SECTION 3. Section 42.2516, Education Code, is amended by adding Subsection (e-1) to read as follows:

(e-1) The amount of state aid or credit to which a school district is entitled under Section 42.2518 is in addition to the amount of revenue to which the district is entitled under Subsection (b).

SECTION 4. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.2518 to read as follows:

Sec. 42.2518. ADDITIONAL STATE AID OR CREDIT AGAINST COST OF ATTENDANCE CREDITS FOR PROFESSIONAL STAFF SALARIES. (a) For each 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 difference between the district's salary cost under Section 21.402, as amended by __.B. ___, Acts of the 81st Legislature, Regular Session, 2009, for all classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses employed by the district and an amount equal to what the district's salary costs would have been for that school year under Section 21.402, as it existed before amendment by __.B. ___, Acts of the 81st Legislature, Regular Session, 2009.

(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 5. Section 21.402(c), Education Code, is repealed.

SECTION 6. Not later than January 1, 2010, the commissioner of education shall adopt rules to establish a method for annually setting a salary schedule as provided by Section 21.402(b), Education Code, as amended by this Act.

SECTION 7. This Act applies beginning with the 2010-2011 school year.

SECTION 8. This Act takes effect September 1, 2009.