The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts amendments to 19 TAC Chapter 153, School District Personnel, Subchapter CC, Commissioner's Rules on Creditable Years of Service, §153.1021, Recognition of Creditable Years of Service, and §153.1022, Minimum Salary Schedule for Certain Professional Staff. The adopted amendments update the rules and implement the requirements of Senate Bill (SB) 1 and SB 8, 82nd Texas Legislature, First Called Session, 2011, including modifying the calculation of the minimum salary schedule. No changes were made to the rules since published as proposed.

STATUTORY AUTHORITY:

Texas Education Code (TEC), §21.402 and §21.403.

EFFECTIVE DATE:

April 3, 2012.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

19 TAC §153.1021, Recognition of Creditable Years of Service

Effective February 1, 1998, the commissioner adopted 19 TAC §153.1021 as authorized by the TEC, §21.403, 75th Texas Legislature, 1997. The provisions of law required the commissioner to adopt rules for determining the experience for which certain professional staff are to be given credit in placement on the state minimum salary schedule. The rule provides appropriate definitions and explains required documents, necessary credentials, and the service record. The rule details the provisions for creditable years of service, including recognized employing entities for service credit.

The adopted amendment to 19 TAC §153.1021 updates and clarifies existing provisions, as follows.

In subsection (a), paragraph (18), relating to the definition of speech pathologist, is deleted as this mandated pay raise expired on September 1, 2011. Subsequent paragraphs are reordered accordingly.

In subsection (h), paragraph (9)(A), relating to posting of approved special education contract schools, is updated to refer to the Texas Education Agency (TEA) website. Paragraph (13)(C), relating to requirements for foreign private schools, colleges, and universities, is modified to delete reference to paragraph (13)(E). Paragraph (13)(E), relating to alternate means of recognition of accreditation of foreign private schools, colleges, and universities, is deleted.

No changes were made to the rule since published as proposed.

19 TAC §153.1022, Minimum Salary Schedule for Certain Professional Staff

The commissioner is authorized to adopt a minimum monthly salary schedule for certain professionals, including classroom teachers, full-time librarians, full-time counselors, and full-time nurses. The salary schedule is based on the employee's level of experience. In accordance with the TEC, §21.402, enacted by SB 4, 76th Texas Legislature, 1999, 19 TAC §153.1022 was adopted to be effective January 2, 2000. The rule establishes definitions of qualifying staff, details eligibility criteria for placement on the salary schedule, and explains the base pay. Salaries are adjusted using a factor, defined as "FS" in the TEC, §21.402(a).

SB 1 and SB 8, 82nd Texas Legislature, First Called Session, 2011, amended the TEC, §21.402, by amending subsections (a), (b), (c), and (c-1); repealing subsections (c-2), (c-3), (d), and (e); and adding subsections (e-1) and (i). These legislative changes to the TEC, §21.402, established a new definition of "FS" and revised the salary factors to correspond with the minimum salary schedule that is currently in effect under 19 TAC §153.1022(d). In addition, the repeal of the TEC, §21.402(d), removed the requirement for school districts to use the 2010-2011 local salary schedule as a salary base.

SB 8 also added new TEC, §21.4021, Furloughs; §21.4022, Required Process for Development of Furlough Program or Other Salary Reduction Proposal; and §21.4032, Reductions in Salaries of Classroom Teachers and Administrators. These new statutes allow districts to reduce furloughed employees' salaries in proportion to the number of days by which the service is reduced.

The adopted amendment to 19 TAC §153.1022 updates the rule in response to statutory changes, as follows.

Subsection (a) is revised to reflect the current legislative mandate, clarify language relating to eligibility criteria, and remove outdated provisions.

Subsections (b)-(d) are updated to modify the calculation of the minimum salary schedule for the 2011-2012 and 2012-2013 school years prescribed by the TEC, §21.402, as amended by SB 1 and SB 8, 82nd Texas Legislature, First Called Session, 2011. The adopted revisions delete school years 2009-2010 and 2010-2011 as base years and delete the greater of $80 or $60 per WADA pay raise mandated by House Bill (HB) 3646, 81st Texas Legislature, 2009. No changes are required for the minimum monthly salary schedule adopted in rule as Figure: 19 TAC §153.1022(d).

No changes were made to the rule since published as proposed.

FISCAL IMPACT:

The TEA has determined that there are no additional costs to entities or persons required to comply with the amendment to 19 TAC §153.1021, Recognition of Creditable Years of Service.

The TEA has determined that there are no additional costs to state or local government relating to the amendment to 19 TAC §153.1022, Minimum Salary Schedule for Certain Professional Staff; however, there may be costs to persons. The TEA has also determined that the amendment to 19 TAC §153.1022 would have positive fiscal implications for state government (the TEA and the Teacher Retirement System (TRS)) and local government (school districts and open-enrollment charter schools).

Implications for the TEA
With the repeal of the pay raise mandated by HB 3646, 81st Texas Legislature, Regular Session, 2009, the TEA may realize an estimated savings of $361,171,570 during each year of the biennium (fiscal years 2012 and 2013). Fiscal implications beyond fiscal year 2013 cannot be determined until the legislature reconvenes for the 83rd Texas Legislative Session.

Implications for the TRS
The TRS may realize some contribution reduction due to the repeal of HB 3646 and the 2010-2011 school year as a base year for the 2011-2013 biennium. The reduction in collection may be due to the fact that local governments may be able to reduce salaries to the state minimum. Hence, no additional membership dues will be collected by the TRS for any amount above the statutory minimum. Provided local governments reduce their salaries to the state mandated minimum salary schedule by eliminating all local supplements, an estimated reduction in membership contribution to the TRS may be approximately $263,366,381 for each year of the biennium (fiscal years 2012 and 2013). Fiscal implications beyond fiscal year 2013 cannot be determined until the legislature reconvenes for the 83rd Texas Legislative Session.

Implications for school districts and charter schools
With the repeal of HB 3646 and the 2010-2011 school year as a base year for the 2011-2012 and 2012-2013 school years, local governments (including school districts and charter schools) may realize significant savings.

For the 2011-2012 school year, school districts and charter schools may realize an estimated savings of up to $411,978,722, provided school districts revert to paying only the minimum salary adopted by the state during the 2010-2011 school year and that approximately 10% of their teachers signed their contracts on or after September 28, 2011, the effective date of SB 1 and SB 8.

For the 2012-2013 school year, school districts and charter schools may realize an estimated savings of up to $4,119,787,216, provided the minimum salary schedule is implemented.

Fiscal implications beyond fiscal year 2013 cannot be determined until the legislature reconvenes for the 83rd Texas Legislative Session.

Implications for individuals
Teachers may be forgoing a portion of their salaries if local governments revert back to paying only the statutory minimum by eliminating all local supplements. An estimated amount may not be calculated at this time due to the fact that individuals may have different types of annuities and "before taxes" reduction plans.

Implications for small businesses and/or microbusinesses
The TEA has determined that there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT:

The adopted amendments clarify terminology and requirements relating to recognition of creditable years of service for school district personnel and the minimum salary schedule for certain professional staff.

PROCEDURAL AND REPORTING IMPLICATIONS:

The adopted amendments have no procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

The adopted amendments have no locally maintained paperwork requirements.

PUBLIC COMMENTS:

The public comment period on the proposal began January 6, 2012, and ended February 6, 2012. No public comments were received.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Ann Smisko, Associate Commissioner, Educator Leadership and Quality
Janice Lopez, Director, Educator Standards and Certification
Joseph Mezher, Program Director, Educator Standards and Certification

For more information, email rules@tea.state.tx.us.

Page last modified on 3/28/2012 10:35:02 AM.