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A BILL TO BE ENTITLED
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AN ACT
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relating to the minimum salary for and minimum service required of |
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certain public school employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The following provisions of the Education |
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Code are repealed: |
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(1) Section 21.401; |
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(2) Section 21.402; |
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(3) Section 21.403; |
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(4) Section 21.410(l); |
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(5) Section 21.411(l); |
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(6) Section 21.412(l); |
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(7) Section 21.413(l); |
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(8) Section 29.0821(c); and |
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(9) Section 30.102(b). |
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(b) Section 823.404, Government Code, is repealed. |
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SECTION 2. Sections 12.133(b), (b-1), (c), and (d-1), |
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Education Code, are amended to read as follows: |
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(b) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (d), a charter |
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holder that participated in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,500. |
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(b-1) Using state funds received by the charter holder for |
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that purpose under Subsection (d-1), a charter holder that |
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participated in the program under Chapter 1579, Insurance Code, for |
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the 2005-2006 school year shall provide employees of the charter |
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holder, other than administrators, compensation in the form of |
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annual salaries, incentives, or other compensation determined |
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appropriate by the charter holder that results in average |
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compensation increases as follows: |
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(1) for full-time employees other than full-time |
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classroom teachers, full-time librarians, full-time counselors, |
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and full-time nurses [employees who would be entitled to a minimum
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salary under Section 21.402 if employed by a school district], an |
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average increase at least equal to $500; and |
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(2) for part-time employees, an average increase at |
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least equal to $250. |
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(c) Each school year, using state funds received by the |
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charter holder for that purpose under Subsection (e), a charter |
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holder that did not participate in the program under Chapter 1579, |
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Insurance Code, for the 2005-2006 school year shall provide |
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employees of the charter holder, other than administrators, |
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compensation in the form of annual salaries, incentives, or other |
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compensation determined appropriate by the charter holder that |
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results in an average compensation increase for classroom teachers, |
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full-time librarians, full-time counselors, and full-time school |
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nurses who are employed by the charter holder [and who would be
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entitled to a minimum salary under Section 21.402 if employed by a
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school district,] in an amount at least equal to $2,000. |
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(d-1) In addition to any amounts to which a charter holder |
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is entitled under this chapter, a charter holder that participated |
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in the program under Chapter 1579, Insurance Code, for the |
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2005-2006 school year is entitled to state aid in an amount, as |
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determined by the commissioner, equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time employees other than full-time classroom teachers, |
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full-time librarians, full-time counselors, and full-time nurses |
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[employees who would be entitled to a minimum salary under Section
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21.402 if employed by a school district]; and |
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(2) the product of $250 multiplied by the number of |
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part-time employees. |
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SECTION 3. Section 19.007(f), Education Code, is amended to |
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read as follows: |
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(f) In addition to other amounts received by the district |
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under this section, the district is entitled to state aid in an |
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amount equal to the product of $2,000 multiplied by the number of |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, and full-time school |
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nurses who are employed by the district [and who would be entitled
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to a minimum salary under Section 21.402 if employed by a school
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district operating under Chapter 11]. |
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SECTION 4. Section 19.009(d-1), Education Code, is amended |
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to read as follows: |
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(d-1) Each school year, the district shall pay an amount at |
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least equal to $2,000 to each classroom teacher, full-time |
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librarian, full-time counselor certified under Subchapter B, |
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Chapter 21, and full-time school nurse who is employed by the |
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district [and who would be entitled to a minimum salary under
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Section 21.402 if employed by a school district operating under
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Chapter 11]. A payment under this section is in addition to wages |
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the district would otherwise pay the employee during the school |
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year. |
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SECTION 5. Section 21.0031(b), Education Code, is amended |
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to read as follows: |
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(b) After an employee receives notice that the employee's |
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contract is void under Subsection (a),[:
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[(1)] a school district may: |
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(1) [(A)] terminate the employee; |
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(2) [(B)] suspend the employee with or without pay; or |
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(3) [(C)] retain the employee for the remainder of the |
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school year on an at-will employment basis in a position other than |
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classroom teacher at the employee's existing rate of pay or at a |
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reduced rate[; and
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[(2)
the employee is not entitled to the minimum
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salary prescribed by Section 21.402]. |
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SECTION 6. Section 21.4031, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) In this section, "service[:
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[(1)
"Salary schedule" means the minimum salary
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schedule under Section 21.402 or a comparable salary schedule used
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by a school district that specifies salary amounts based on an
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employee's level of experience.
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[(2) "Service] record" means a school district |
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document that indicates the total years of service provided to the |
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district by a classroom teacher, librarian, counselor, or nurse. |
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(c) If a school district fails to provide an individual's |
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service record as required by Subsection (b), the agency shall, to |
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the extent that information is available to the agency, provide the |
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employing school district with the information [sufficient to
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enable the district to determine proper placement of the individual
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on the district's salary schedule]. |
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(d) The commissioner shall adopt rules for determining the |
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experience as a classroom teacher, librarian, counselor, or nurse |
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for a school district for which an individual is to be given credit |
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for years of service for purposes of a service record. Each |
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district shall maintain service records in accordance with |
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commissioner rules adopted under this subsection. |
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SECTION 7. Subchapter I, Chapter 21, Education Code, is |
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amended by adding Sections 21.4033 and 21.4034 to read as follows: |
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Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL |
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STAFF. A school district shall pay each district classroom |
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teacher, full-time librarian, full-time counselor certified under |
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Subchapter B, or full-time school nurse not less than an annual |
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salary of $27,320. |
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Sec. 21.4034. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS |
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AND OTHER DISTRICT EMPLOYEES. (a) This section applies only to a |
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widespread reduction in the amount of the annual salaries paid to |
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school district classroom teachers based primarily on district |
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financial conditions rather than on teacher performance. |
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(b) For any school year in which a school district has |
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reduced the amount of the annual salaries paid to district |
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classroom teachers from the amount paid for the preceding school |
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year, the district shall reduce the amount of the annual salary paid |
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to each district counselor, librarian, school nurse, and |
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school-level or district-level administrator by a percent or |
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fraction of a percent that is equal to the average percent or |
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fraction of a percent by which teacher salaries have been reduced. |
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SECTION 8. Section 21.4551(e), Education Code, is amended |
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to read as follows: |
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(e) From funds appropriated for that purpose, a teacher who |
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attends a reading academy is entitled to receive a stipend in the |
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amount determined by the commissioner. [A stipend received under
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this subsection is not considered in determining whether a district
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is paying the teacher the minimum monthly salary under Section
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21.402.] |
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SECTION 9. Section 22.107(a), Education Code, is amended to |
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read as follows: |
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(a) A school district shall pay each full-time district |
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employee, other than an administrator or a classroom teacher, |
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full-time librarian, full-time counselor certified under |
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Subchapter B, Chapter 21, or full-time school nurse [an employee
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subject to the minimum salary schedule under Section 21.402], an |
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amount at least equal to $500. |
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SECTION 10. Section 30.022(f), Education Code, is amended |
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to read as follows: |
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(f) Before the beginning of each fiscal year, the board |
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shall adopt a calendar for the school's operation that provides for |
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at least[:
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[(1)] the minimum number of days of instruction |
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required by Section 25.081[; and
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[(2)
the minimum number of days of service required by
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Section 21.401]. |
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SECTION 11. Section 30.052(f), Education Code, is amended |
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to read as follows: |
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(f) Before the beginning of each fiscal year, the board |
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shall adopt a calendar for the school's operation that provides for |
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at least[:
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[(1)] the minimum number of days of instruction |
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required by Section 25.081[; and
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[(2)
the minimum number of days of service required by
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Section 21.401]. |
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SECTION 12. Section 42.2513(a), Education Code, is amended |
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to read as follows: |
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(a) A school district, including a school district that is |
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otherwise ineligible for state aid under this chapter, is entitled |
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to state aid in an amount equal to the sum of: |
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(1) the product of $500 multiplied by the number of |
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full-time district employees, other than administrators or |
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classroom teachers, full-time librarians, full-time counselors |
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certified under Subchapter B, Chapter 21, or full-time school |
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nurses [employees subject to the minimum salary schedule under
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Section 21.402]; and |
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(2) the product of $250 multiplied by the number of |
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part-time district employees, other than administrators. |
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SECTION 13. Section 825.405, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (j) to read |
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as follows: |
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(a) For members in a personnel position that would have been |
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entitled to the minimum salary for certain school personnel under |
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Section 21.402, Education Code, as that section existed on January |
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1, 2011, and for members who would have been entitled to the minimum |
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salary for certain school personnel under former Section 16.056, |
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Education Code, as that section existed on January 1, 1995, the |
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employing district shall pay the state's contribution on the |
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portion of the member's salary that exceeds the statutory minimum |
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salary, based on the member's years of experience. |
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(b) For purposes of this section,[:
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[(1)] the statutory minimum salary is the amount |
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specified below [for certain school personnel under Section 21.402,
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Education Code, is the salary provided by that section] multiplied |
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by the cost of education adjustment applicable under Section |
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42.102, Education Code, to the district in which the member is |
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employed: |
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[; and
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[(2)
the statutory minimum salary for members who
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would have been entitled to the minimum salary for certain school
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personnel under former Section 16.056, Education Code, as that
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section existed on January 1, 1995, is a minimum salary computed in
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the same manner as the minimum salary for certain school personnel
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under Section 21.402, Education Code, multiplied by the cost of
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education adjustment applicable under Section 42.102, Education
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Code, to the district in which the member is employed.] |
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(j) At least once every four years, the Legislative Budget |
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Board shall review and make recommendations regarding revision of |
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the portion of the state's contribution for which school districts |
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are responsible under this section. |
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SECTION 14. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 15. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |
