81R14614 KKA-F

By: Eissler H.B. No. 1365

Substitute the following for H.B. No. 1365:

By: Aycock C.S.H.B. No. 1365

A BILL TO BE ENTITLED

AN ACT

relating to service records of professional staff employed by school districts and payment of compensation based on those records.

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

SECTION 1. Subchapter I, Chapter 21, Education Code, is amended by adding Section 21.4031 to read as follows:

Sec. 21.4031. PROFESSIONAL STAFF SERVICE RECORDS. (a) In this section:

(1) "Salary schedule" means the minimum salary schedule under Section 21.402 or a comparable salary schedule used by a school district that specifies salary amounts based on an employee's level of experience.

(2) "Service record" means a school district document that indicates the total years of service provided to the district by a classroom teacher, librarian, counselor, or nurse.

(b) On request by a classroom teacher, librarian, counselor, or nurse or by the school district employing one of those individuals, a school district that previously employed the individual shall provide a copy of the individual's service record to the school district employing the individual. The district must provide the copy not later than the 30th day after the date of the request.

(c) If a school district fails to provide an individual's service record as required by Subsection (b), the agency shall, to the extent that information is available to the agency, provide the employing school district with information sufficient to enable the district to determine proper placement of the individual on the district's salary schedule.

(d) Subject to Subsection (e), a classroom teacher, librarian, counselor, or nurse is entitled to receive back pay of any salary to which the individual would have been entitled at the proper step on the salary schedule if the employing school district:

(1) begins paying salary to the individual before the district receives information necessary to determine proper placement of the individual on the salary schedule; and

(2) subsequently determines that the individual is entitled to a higher salary based on proper placement of the individual on the salary schedule.

(e) The maximum period for which a classroom teacher, librarian, counselor, or nurse may be entitled to receive back pay under Subsection (d) is one year.

SECTION 2. This Act applies beginning with the 2009-2010 school year.

SECTION 3. 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, 2009.