19 TAC §153.1021
The Texas Education Agency (TEA) adopts new §153.1021,
concerning creditable years of service, with changes to the proposed text
as published in the November 28, 1997, issue of the
Texas Register
(22 TexReg 11622). The new section recognizes the experience
a teacher or librarian is given credit for placement on the state minimum
salary schedule. The adopted section ensures consistent administration of
the state minimum salary schedule by all Texas public schools by establishing
criteria for the award of service credit. The new section also provides school
districts with an official definition of what constitutes a year of service
for a teacher or full-time librarian for purposes of placement on the state
minimum salary schedule since the State Board of Education (SBOE) repealed
rules related to creditable years of service in January 1996. The adopted
new section contains similar language to rules repealed by the SBOE in January
1996.
The following changes have been made to the rule since it was published
as proposed.
Deleting the requirements to have an oath of office on file
and to have evidence of educational attainment on file since these requirements
are not related to years of creditable service.
The table in §153.1021(f), published as proposed in subsection (h),
relating to the number of days required to earn a year of service has been
modified to be consistent with the rules of the Teacher Retirement System
pertaining to length of service for retirement purposes.
Language in §153.1021(f)(6) was added to clarify that the change made
to the table relative to the 90-day requirement can be equivalent to four
and one-half months, a full semester, or 90 full-time equivalent days.
Language in §153.1021(h)(1)(A), published as proposed in subsection
(j)(1)(A), was deleted to clarify that the state minimum salary schedule applies
only to teachers and full-time librarians.
Language in §153.1021(h), published as proposed in subsection (j)(1)(C),
related to not recognizing special education related service prior to the
1979-1980 school year was deleted to ensure that service as a teacher is not
contingent on the type of instruction being delivered or when the instruction
was delivered.
The effective date for recognizing service as an instructor in an agricultural
extension service in §153.1021(h)(7)(A), published as proposed in subsection
(j)(7)(A), was changed from 1997-1998 to 1998-1999 to alleviate potential
budget problems in some school districts.
Language in §153.1021(d)(8), published as proposed in subsection (d)(10),
relating to the transferability of sick and personal leave was modified to
avoid interference with local school district policies which may allow transfer
and accumulation of locally awarded leave or leave from other entities.
Language in §153.1021(a)(18) and §153.1021(k), published as proposed
in subsection (m), relating to substitute teachers was changed to allow a
substitute teacher who is certified and providing instruction to earn a year
of service.
The minimum number of days (90) required to earn and receive credit for
the 1998-1999 period of years services rendered was added.
The pay grade reference in subsection (h)(3) was changed to be consistent
with the current classification schedule.
Language in subsection (d)(6) relating to a fiscal agent/manager having
responsibility for keeping service records of all cooperative personnel in
a central file was deleted based on this language being redundant with the
language in this subsection.
In subsection (k), language was added relating effective date for substitute
teacher being eligible for creditable service. Since substitute teaching was
not previously recognized, making this rule effective during the 1997-98 school
year would impose a cost that school districts had not budgeted for in planning
for their 1997-98 expenditures. Adding this language will allow school districts
time to plan accordingly.
Other changes include: (1) language in §153.1021(b) relating to required
documentation deleted since requirements for oath of office and evidence of
educational attainment were deleted; (2) language in §153.1021(d) to
allow school districts greater flexibility in designating persons authorized
to sign service records deleted; and (3) making minor changes to the rule
to improve clarity of rules, including a specific reference to physical assault
in §153.1021(a) and deleting redundant language in §153.1021(e),
published as proposed in subsection (g).
The following public comments have been received regarding adoption of
the new section.
Comment. Some school administrators expressed their concern with extending
credit to teachers employed in agricultural extension services beginning with
the 1997-1998 school year. Since this type of service had not previously been
recognized and school administrators had not budgeted for the cost of granting
this service in the 1997-1998 school year, they felt it would be more appropriate
to delay the recognition of this type of service until the 1998-1999 school
year.
Agency Response. The agency agreed and a change was made to recognize instruction
in an agricultural extension service operated by an accredited college or
university beginning with the 1998-1999 school year.
Comment. The Texas Classroom Teachers Association (TCTA) expressed its
appreciation that the rules being proposed were substantially similar to the
former rules that were in effect prior to Senate Bill. TCTA suggested changing
§153.1021(k), published as proposed in subsection (m), related to substitute
teachers so that certified substitute teachers would be eligible for service
credit regardless of the compensation level.
Agency Response. The agency agreed to delete the compensation level requirement
but changed the definition of a substitute teacher in §153.1021(a) to
clarify that a substitute teacher was a certified person delivering curriculum.
Comment. The Texas Association of School Boards (TASB) suggested that the
compensation level for substitutes be eliminated and that the rule be amended
to conform with a Teacher Retirement System (TRS) rule that grants credit
to substitutes for 90 days of employment.
Agency Response. The agency agreed and the appropriate changes have been
made to §153.1021(f), published as proposed in subsection (h).
Comment. TCTA suggested a “catch-all” rule that would apply
to individuals who met all the requirements for service credit except for
the certification requirement. According to TCTA, the agency in the past has
granted service credit to individuals who were not certified to avoid punishing
the individual for a school district's failure to secure certification for
that individual.
Agency Response. While the agency may have granted credit to an individual
who was not certified, it was only after receiving verification that the individual
would have been eligible for at least an emergency teaching permit had the
employing district secured the permit. The agency does not believe that a
“catch all” rule is necessary.
Comment. TCTA and TASB recommended that §153.1021(d)(8), published
as proposed in subsection (d)(10), be changed to conform to a new law that
authorizes leave accrued at a regional education service center to be transferred
to a public school. TCTA also suggested that the non-transferable provision
be deleted entirely, as it was interfering with the local control of school
districts that do allow for transfer and accumulation of local leave or leave
from other types of entities.
Agency Response. The agency agrees that leave granted locally by an entity
may be recognized by another district at its discretion and §153.1021(d)(8)
has been changed accordingly. The subsection was also amended to conform to
the new law related to leave accrued at a regional education service center.
Comment. TCTA suggested eliminating §153.1021(h)(1)(C), published
as proposed in subsection (j)(1)(C), which states that special education related
service personnel cannot receive credit for service performed prior to the
1979-80 school year.
Agency Response. The agency agrees that this particular rule is no longer
pertinent and it has been deleted.
Comment. TASB expressed concerns that the proposed rules went far beyond
statutory authority granted the commissioner by Senate Bill 280 and that the
proposed rules would impose many new requirements on school districts. Specifically,
TASB objected to the requirement to have on file and available for review
or audit an oath of office and evidence of educational attainment.
Agency Response. The agency agrees that these two requirements are no longer
necessary and the appropriate sections have been deleted. As for imposing
many new requirements on school districts, the agency does not agree. The
requirements in the proposed rules are substantially similar to former rules
that have been in place for at least 25 years and do not impose any additional
record-keeping requirements on school districts.
Comment. TASB expressed concern that the 85-day requirement for earning
a year of service was not coordinated with a similar rule adopted by the Teacher
Retirement System (TRS), that requires four and one-half months, and stated
that having different definitions was confusing and unnecessary.
Agency Response. The agency does not believe that the rules necessarily
have to be the same, since they are being used for two entirely different
purposes. However, the agency agrees that changing the proposed requirement
would promote consistency, and thus appropriate changes have been made
Comment. TASB took exception to the term “professional personnel”
as used in the heading in §153.1021(h), published as proposed in subsection
(j), as it would expand the salary schedule to positions other than teachers
and full-time librarians. TASB also stated that the last sentence in §153.1021(h)(1)(A),
published as proposed in subsection (j)(1)(A), conflicted with current law
in that it would require a school district to pay a teacher the state minimum
salary whose only certification was a teaching permit.
Agency Response. The agency does not agree that the use of “professional
personnel” as used in the heading in §153.1021(h) expands the salary
schedule and is aware that the salary schedule only applies to teachers and
full-time librarians. The rules are structured so that a person being employed
as a teacher or full-time librarian can receive credit for other types of
professional service without restricting that service to teaching. The agency
agrees that the use of the term “professional personnel” in the
last sentence in §153.1021(h)(1)(A) could conflict with current law and
a change has been made to clarify that the state minimum salary schedule applies
only to teachers and full-time librarians.
Comment. The Association of Texas Professional Educators (ATPE) suggested
that the definition of authorized leave be expanded to include assault leave.
Agency Response. The agency believes that the state personal leave policy
as stated in the definition includes assault leave; however, the definition
was modified slightly to reference assault leave.
Comment. ATPE suggested adding the word “professional” to the
last sentence in §153.1021(g), published as proposed in subsection (i).
Agency Response. The agency agrees with the modification.
The new section is adopted under the Texas Education Code, §21.403,
as amended by Senate Bill 280, 75th Texas Legislature, 1997, which authorizes
the commissioner of education to adopt rules for the administration of the
state minimum salary schedule.
§153.1021.Recognition of Creditable Years of Service.
(a)
Definitions. The following words and terms, when used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)
Accredited institution - A public or private elementary,
secondary, or post-secondary institution whose education program has been
evaluated and deemed accredited by a state department of education or recognized
regional accrediting agency.
(2)
Assignment - Refers to the actual duties a person
has with a school district or other educational entity.
(3)
Authorized leave - Leave granted under the state's
former minimum sick leave program, leave granted under the state's current
minimum personal leave program, (which includes physical assault leave), or
any leave granted under a local leave policy for which the employee is paid
as if on regular duty.
(4)
Certificate - A document issued by the State Board
of Educator Certification (formerly the division of teacher certification
of the Texas Education Agency) authorizing the holder to teach in the public
elementary and secondary schools of Texas.
(5)
Certified - Status of a person who holds a valid
Texas teaching certificate.
(6)
Contractual year - The employment period between
July 1 and the following June 30.
(7)
Current valid certificate - A certificate that is
or was valid at a given time, including the stipulation that after June 30,
1986, a Texas certificate is valid only if the certified person has successfully
passed either the Texas Examination of Current Administrators and Teachers
or the Examination for Certification of Educators in Texas.
(8)
Faculty status - Employment by a college or university
as a member of the professional administrative or instructional staff, not
as a graduate assistant, an assistant instructor, or an instructor on a fellowship.
(9)
Full-time employment - Employment for 100 % of an
institution's normal work schedule.
(10)
Full-time equivalency - The amount of time required
of a staff member to perform a less than full-time assignment divided by the
amount of time required in performing a corresponding full-time assignment.
Full-time equivalency of assignment usually is expressed as a decimal fraction
to the nearest tenth.
(11)
Minimum salary - The minimum salary a teacher or
full-time librarian must be paid as prescribed in Texas Education Code (TEC),
Chapter 21.
(12)
Part-time employment - Employment for less than
100 % of an institution's normal work schedule.
(13)
Professional personnel - Teachers, full-time librarians,
any other employee who is required to hold a certificate issued under TEC,
Chapter 21, Subchapter B, registered nurses, and any other personnel reported
by a school district to the Public Education Information Management System
with a "professional" role-id.
(14)
Regional accrediting agency - The recognized regional
accrediting agencies are:
(A)
Southern Association of Colleges and Schools;
(B)
Middle States Association of Colleges and Schools;
(C)
North Central Association of Colleges and Schools;
(D)
New England Association of Schools and Colleges;
(E)
Western Association of Schools and Colleges; and
(F)
Northwest Association of Schools and Colleges.
(15)
Salary increments - Increases in salary granted
for teaching or work experience.
(16)
Service - A term of employment measured in school
years in an entity in which the employment is recognized for salary increment
purposes.
(17)
State school - A school that is funded by legislative
action in the appropriations act. These schools include the Texas School for
the Blind, the Texas School for the Deaf, and schools under the jurisdiction
of the Department of Mental Health and Mental Retardation and the Texas Youth
Commission.
(18)
Substitute teacher - A certified teacher who works
on call, does not have a full-time assignment, and provides instruction.
(19)
Teacher service record - The official document used
to record years of service and days used and accumulated under the states
former minimum sick leave program or the state's current personal leave program.
(b)
Required documentation. The following records on professional
personnel must be readily available for review.
(1)
credentials (certificate or license);
(2)
service record(s) and any required attachments;
(3)
contract;
(4)
teaching schedule or other assignment record; and
(5)
absence from duty reports.
(c)
Credentials for professional personnel. The credentials
for professional personnel are as follows.
(1)
A current valid Texas certificate, a special assignment
permit, a nonrenewable permit, a non-certified instructor's permit, or an
emergency teaching permit.
(2)
For special education related service teachers, the
credential must be appropriate licensure from the State of Texas.
(3)
For those special education related service personnel
who do not require Texas certification or licensure, proper credentials as
described in 19 Texas Administrative Code (TAC) §89.1131 of this title
(relating to Qualifications of Special Education, Related Service, and Paraprofessional
Personnel) are required.
(d)
Teacher Service Record. The basic document in support
of the number of years of professional service claimed for salary increment
purposes and both the state's sick and personal leave program data for all
personnel is the teacher service record (form FIN-115) or a similar form containing
the same information. It is the responsibility of the issuing school district
to ensure that service records are true and correct and that all service recorded
on the service record was actually performed.
(1)
The service record must be validated by a person designated
by the school district to sign service records.
(2)
Supporting documents are required for service in
out-of-state private schools, foreign public and private institutions, the
military, and colleges and universities. The type of supporting documentation
for each particular entity is prescribed by subsection (j) of this section.
(3)
If a person is employed by more than one school district
during the same school year, a service record from each employing district
is required.
(4)
For personnel employed in a year-round school system,
the actual dates of employment during that school's calendar must be indicated
on the service record. The dates may not necessarily conform to the contractual
year as defined by subsection (a) of this section.
(5)
The service record shall be kept on file at the school
district. When employment with the district is terminated, the original service
record, signed by the employee shall be given to the employee upon request
or sent to the next employing school district. The local school district must
maintain a legible copy for audit purposes.
(6)
Cooperative personnel employed by a fiscal agent/manager
and itinerant personnel of a cooperative shall be considered to be employees
of the fiscal agent/manager and the service record shall be the fiscal agent/manager's
responsibility. Personnel employed by a member of a cooperative and assigned
to the member are employees of the member and the service record shall be
the member's responsibility.
(7)
Work experience claimed by career and technology
education personnel for salary increment purposes as prescribed by subsection
(k) of this section must be recorded on a service record.
(8)
State sick leave balances, days earned, and days
used by personnel under the former state's minimum sick leave program and
the state's current personal leave program must be recorded on the service
record or another similar form containing the same information. State sick
leave or state personal leave accumulated in Texas public elementary and secondary
schools is transferable among these schools. Sick leave accrued by an employee
of a Texas regional education service center, not to exceed five days per
each year of employment, is transferable to a Texas public elementary and
secondary school. Local leave accrued under the policy of any entity recognized
for creditable service under subsection (g) of this section may be transferred
to a Texas public elementary or secondary school at the discretion of the
employing school district.
(e)
General provisions for years of creditable service. All
service claimed for salary increment purposes must meet the requirements in
subsections (f)-(h) of this section. The service record and any other required
supporting documents must meet the requirements for such records and documentation
in this section. All service shall be based on the contractual year (July
1 - June 30). No more than one year of experience may be acquired in any one
contractual year.
(f)
Minimum requirements. The table in this subsection indicates
the minimum number of days required to earn and receive credit for a year
of experience.
Figure 1: 19 TAC §153.1021(f)
(1)
For service performed through the 1989-1990 school year,
minimum days at less than 100 % or at full-time equivalency are applicable
only to service in Texas public schools, Texas education service centers,
and, beginning in 1978-1979, Texas colleges and universities.
(2)
Beginning with service performed during the 1990-1991
school year or any year thereafter, employment at less than 100 % of the day
is recognized in all entities where full-time employment is recognized, provided
that documentation is presented to the employing district which verifies that
the employment was for not less than three and one-half hours each day.
(3)
The 90 days required at 100 % of the day for years
prior to 1972-1973 may be equivalent to four and one-half months, a full semester,
or three six-weeks. Where the school year was less than 180 days for any year
prior to 1972-1973, a minimum of 175 days at 50-99 % of the day will be accepted,
provided that the 175 days constituted two full semesters or six six-weeks.
(4)
For experience from the 1978-1979 through the 1987-1988
school years, full-time equivalent days equal the total number of days employed
at 100 % of the day plus days employed at 50-99 % of the day divided by two.
(5)
Beginning with the 1988-1989 school year, full-time
equivalent days equal the total number of days employed multiplied by the
percent of day actually worked.
(6)
Beginning with the 1998-1999 school year, the 90
days required at 100 % of the day may be equivalent to four and one-half months
or a full semester. The 180 days required at 50- 99 % of the day may be equivalent
to 90 full-time equivalent days (percent of day employed multiplied by number
of days employed).
(7)
Extended day migrant program employment shall be
calculated in accordance with this section and the resulting equivalent must
meet the same minimum requirements for professionals for the year in question.
(A)
For service prior to the 1970-1971 school year, the days
employed in the migrant program shall be multiplied by a factor of 1.37.
(B)
For service during the 1970-1971 through the 1975-1976
school years, the days employed in the migrant program shall be multiplied
by a factor of 1.31.
(g)
Entities recognized for years of service. Service in any
of the entities listed in this subsection shall be recognized for professional
personnel. The minimum employment requirements in subsection (f) of this section
must be met. Requirements concerning service in each type of entity in subsection
(h) of this section must also be met. Professional service in the following
entities is creditable:
(1)
Texas public elementary and secondary schools;
(2)
State regional education service centers;
(3)
State departments of education;
(4)
Texas Department of Corrections--Windham Schools;
(5)
Overseas schools operated by the U. S. Government;
(6)
Public elementary and secondary schools in all other
states in the United States or within the boundaries of any of its territorial
possessions;
(7)
Texas public or private colleges or universities;
(8)
Texas private elementary and secondary schools;
(9)
Texas non-public special education contract schools;
(10)
Texas Department of Mental Health and Mental Retardation--state
hospitals;
(11)
Texas veterans' vocational schools;
(12)
U. S. Department of Interior--Bureau of Indian Affairs;
(13)
U. S. service academies;
(14)
U. S. military service;
(15)
Job Corps;
(16)
Peace Corps (in a teaching capacity only);
(17)
Public or private colleges or universities and private
elementary and secondary schools in all other states in the United States
or within the boundaries of any of its territorial possessions; and
(18)
Foreign public or private colleges or universities,
or elementary and secondary schools.
(h)
Requirements. Requirements for entities recognized for
professional personnel are as follows:
(1)
Texas public elementary and secondary schools.
(A)
All professional personnel must be certified by the State
of Texas, must hold the proper state or national licensure as required by
the position held, or must have the educational requirements for the job assigned.
Regardless of the funding source, teachers and full-time librarians must be
paid at least the minimum salary specified in the Texas State Public Education
Compensation Plan.
(B)
Professional personnel placed on developmental leaves
of absence must be paid at least one-half of their state minimum salary by
the school district to receive service credit for increment purposes.
(C)
Instructors in Reserve Officer Training Corps (ROTC) programs
conducted by local school districts must be certified or hold an emergency
teaching permit and must be paid at least the state minimum salary to receive
service credit for increment purposes. An emergency teaching permit need not
be renewed as long as the person continues in the ROTC assignment.
(2)
State regional education service centers.
(A)
Personnel employed in cooperatives for which the education
service center is acting as fiscal agency must meet the same requirements
as personnel employed in Texas public elementary and secondary schools.
(B)
All other personnel must meet the same requirements as
personnel employed in state departments of education.
(3)
State departments of education. Employment must
have been in a professional capacity. For Texas department of education employment,
professional positions are defined as personnel employed in positions starting
in state pay grade classification B4/A12 and above.
(4)
Texas Department of Corrections - Windham schools.
Requirements in this subsection shall apply.
(5)
Public elementary and secondary schools in all other
states of the United States or within the boundaries of any of its territorial
possessions. Employment prior to 1990-1991 must have been on a full-time basis.
(6)
Overseas schools operated by the U.S. government.
Schools operated by the United States Government for military dependents and
dependents of personnel assigned to an embassy, consulate, etc., are treated
as public schools in other states of the U.S. and policies pertaining to public
schools in other states apply.
(7)
Texas public or private colleges or universities.
(A)
Officer Training Corps programs conducted by accredited
colleges or universities must have been employed full-time on a faculty status
level. Beginning in 1998-1999, service as an instructor in an agricultural
extension service operated by an accredited college or university may be recognized
for salary increment purposes as long as the person held a valid Texas teaching
certificate at the time the service was rendered.
(B)
All college or university experience must be recorded
on the teacher service record. A supporting letter or form must be attached
to the teacher service record verifying that either the full-time or part-time
employment was at faculty status or its equivalent and that the schedule of
work and the pay constituted that of other similar faculty employees. It is
the responsibility of the employing school district to secure verification
of college or university experience.
(8)
Texas private elementary and secondary schools.
(A)
For experience prior to the 1986-1987 school year, accreditation
by the Texas Education Agency or the Southern Association of Colleges and
Schools is required.
(B)
For experience in the 1986-1987, 1987-1988, and 1988-1989
school years, service shall be acceptable if the school was accredited by
the Texas Education Agency, or a recognized regional accrediting agency.
(C)
For experience in the 1989-1990 school year and thereafter,
service shall be acceptable if the school was accredited by the Texas Private
School Accreditation Commission.
(D)
During the 1986-1987, 1987-1988, and 1988-1989 school
years, private schools accredited by the Texas Education Agency, a recognized
regional accrediting agency, or an association recognized by the commissioner
of education will be listed in the Texas School Directory.
(E)
Beginning with the 1989-1990 school year and thereafter,
private schools accredited by the Texas Private School Accreditation Commission
will be listed in the Texas School Directory.
(9)
Non-public special education contract schools.
(A)
Approval from the Texas Education Agency to provide special
education services during the year service was rendered is required. A list
of approved schools is maintained by the Texas Education Agency and is also
distributed annually to all public schools in Texas.
(B)
The person must have been certified in an area of special
education.
(10)
Texas Department of Mental Health and Mental
Retardation state hospitals and state schools.
(A)
The assignment must have been in an educational program
operated in conjunction with a public school program or in a non-educational
professional capacity.
(B)
Persons employed in an educational program must have held
a valid Texas teaching certificate and must have been paid at least the state
minimum salary of a teacher in a Texas public school.
(11)
Texas veteran's vocational school.
(A)
The assignment must have been as an instructor or coordinator.
(B)
Service during the period of July 1, 1946, through June
30, 1955, must have been at a school under the jurisdiction of the Texas Education
Agency (this service can be verified by the agency).
(C)
Service after June 30, 1955, must have been at a veteran's
vocational school operated by a Texas county board of school trustees under
the jurisdiction of the Veterans Administration.
(12)
Public or private colleges and universities,
and private elementary and secondary schools in all other states in the United
States or within the boundaries of any of its territorial possessions.
(A)
Employment must have been, and in the case of colleges
and universities must be verified in the same manner as for Texas colleges
or universities.
(B)
Accreditation by a recognized state or regional accrediting
agency in the United States is required. In states or territories that have
no provisions for accrediting, licensing, or approving private elementary
or secondary schools, service shall be acceptable provided the person held,
while employed, a valid teaching certificate from the state in which the school
is located or a valid Texas teaching certificate.
(C)
It is the responsibility of the employing school district
to have evidence on file of the accreditation status of private schools in
other states.
(13)
Foreign public or private elementary and secondary
schools, colleges, and universities.
(A)
Employment in colleges or universities must be verified
in the same manner as for Texas colleges or universities.
(B)
For foreign public schools, public colleges and universities,
accreditation by a recognized agency of the foreign country or by a recognized
accrediting agency in the United States is required.
(C)
For foreign private schools, private colleges or universities,
accreditation must be by a recognized accrediting agency in the United States.
(D)
The accreditation status must be verified in the same
manner as for public or private schools in the United States.
(14)
United States Department of the Interior -
Bureau of Indian Affairs. Service must have been full-time.
(15)
United States service academies.
(A)
Employment must have been at a faculty status level and
must be verified in the same manner as other college or university service.
(B)
The service academies are as follows:
(i)
Air Force Academy, Colorado Springs, Colorado:
(ii)
Coast Guard Academy, New London, Connecticut;
(iii)
Military Academy, West Point, New York;
(iv)
Naval Academy, Annapolis, Maryland; and
(v)
Merchant Marine Academy, Kings Point, New York.
(16)
United States military service. Service
with the military forces of the United States of America may be counted for
salary increment purposes if the following conditions are met:
(A)
The person was a professional employee of any entity recognized
for creditable service for salary increment purposes within twelve months
of entry into active duty.
(B)
Form DD-214 or other official discharge papers must be
filed with the teacher service record showing:
(i)
that military service was in the capacity of an enlisted
man or woman or commissioned officer;
(ii)
that release or separation from active duty was under
honorable conditions; and
(iii)
dates of entry and release from active duty.
(C)
The person claiming military service was on active duty
during the periods September 1, 1940, through August 31, 1947, or September
1, 1950, through August 31, 1954, or for other periods if:
(i)
the military service was a result of involuntary induction
into active duty; or
(ii)
the military service was a result of voluntary entry
into active duty for the first time for the individual, and such initial period
of voluntary military service claimed as years of service for teacher salary
increments does not exceed four years.
(D)
Beginning with the 1983-1984 school year, for purposes
of determining the total years of military experience creditable for increment
purposes, a year shall be considered to begin on July 1 and end June 30. During
this period, four and one- half months of service must be acquired for an
individual to be entitled to one year of experience. Only one year of experience
may be earned during any 12- month period. Prior to the 1983-1984 school year,
credit for military service was calculated based on the 12-month period from
September 1 - August 31. Credit granted on that basis shall continue to be
effective.
(17)
Job Corps. The person must have held a valid
teaching certificate during the period of employment.
(18)
Peace Corps.
(A)
Employment must have been with a school system (Grades
K-12) in a foreign country.
(B)
The person must have held a valid teaching certificate
from any state in the United States during the period of employment.
(i)
Credit for career and technology teachers. In accordance
with TEC, §21.403, effective with the 1982-1983 school year, certified
career and technology education teachers employed for at least 50 % of the
time in an approved career and technology position may count up to two years
of work experience for salary increment purposes if the work experience was
required for career and technology certification.
(1)
For purposes of this section, an emergency teaching permit
shall be the equivalent of a teaching certificate.
(2)
Once credit for work experience has been granted,
the credit shall be continued regardless of the position held. For personnel
granted credit under this section whose employment is split between career
and technology and non-career and technology positions, the years granted
shall apply to both the career and technology and the non-career and technology
position.
(j)
Adult basic education program credit. A person teaching
adult basic education is eligible for creditable service if the program was
operated by a public school and the person held a valid teaching certificate.
(k)
Substitute teachers. Beginning with the 1998-99 school
year, a substitute teacher, as defined in subsection (a) of this section,
employed in an entity recognized for years of service as prescribed by subsection
(g) of this section is eligible for creditable service.
(l)
Salary schedule. The commissioner of education shall publish
annually the state minimum salary schedule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
9, 1998.
TRD-9800378
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: February 1, 1998
Proposal publication date: November 28, 1997
For further information, please call: (512) 463-9701