19 TAC §153.1021
The Texas Education Agency (TEA) adopts an amendment to §153.1021,
concerning school district personnel, without changes to the proposed text
as published in the February 7, 2003, issue of the
Texas Register
(28 TexReg 1036) and will not be republished. The section
determines the experience for which certain professional staff members are
given credit in placement on the state minimum salary schedule. The adopted
amendment adds three established and respected international accrediting organizations
to the list of recognized accrediting entities for salary increment purposes.
Effective February 1, 1998, the commissioner of education adopted 19 TAC §153.1021,
Recognition of Creditable Years of Service, as authorized by the Texas Education
Code, §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 existing 19 TAC §153.1021, as amended effective April 16, 2000,
concerning placement on the salary schedule, applies to teachers, librarians,
counselors, and nurses. 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, which adds content and
modifies existing language in order to accommodate the addition of three international
accrediting associations, includes the following changes.
The definition relating to regional accrediting agencies in subsection
(a)(14) is expanded to include the International Baccalaureate Organization,
the European Council of International Schools, and the National Council for
Private School Accreditation in new subparagraphs (H) - (J), respectively.
Language in subsection (f)(1) is added to reflect Texas public colleges
and universities. This change is proposed as clarification to the rule that
prior to the 1990-1991 school year, minimum days at less than 100% of the
day are applicable only to recognized Texas public entities.
Language in subsection (h)(12)(B) describing accreditation by a recognized
state or regional accrediting agency is modified to include the additional
recognized accrediting agencies in subsection (a)(14).
Language in subsection (h)(13)(C) describing accreditation of foreign private
schools is modified to account for the additional recognized regional accrediting
agencies in subsection (a)(14).
The following comments were received regarding adoption of the amendment.
Comment. The Texas Classroom Teachers Association (TCTA) requested that
the language concerning Texas public entities under subsection (f)(1) not
be changed.
Agency Response. The agency disagrees. The change is necessary to align
Texas public universities with Texas public schools. The amendment is not
changing the current provision concerning experience credit from Texas public
schools, but clarifying years of creditable service at less than 100% of the
day from public colleges and universities prior to the 1978-1979 school year.
This amendment is for clarification purposes and may have no or little effect
on public school teachers.
Comment. TCTA proposed a change to the definition of 100% of the day employed
or full-time equivalency under subsection (a)(9).
Agency Response. The agency disagrees. Any rule revisions related to this
suggestion are beyond the scope of the current rule changes and would have
to be addressed in another rulemaking process.
Comment. TCTA proposed adding language to the rule to provide teacher aides
who subsequently attain certification with up to two years of service credit
for salary increment purposes.
Agency Response. The agency disagrees. Any rule revisions related to this
suggestion are beyond the scope of the current rule changes and would have
to be addressed in another rulemaking process.
Comment. An individual suggested adding language to include other state
agencies that are not currently recognized for salary increment purposes under
19 TAC §153.1021. The individual commented that she had been employed
in an educational capacity at a state agency other than the state department
of education and she felt that her experience should be recognized for salary
increment purposes.
Agency Response. The agency disagrees. Any rule revisions related to this
suggestion are beyond the scope of the current rule changes and would have
to be addressed in another rulemaking process.
The amendment is adopted under Texas Education Code, §21.403,
which authorizes the commissioner to adopt rules for determining the experience
for which a teacher, librarian, counselor, or nurse is to be given credit
in placing the teacher, librarian, counselor, or nurse on the 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 April 4, 2003.
TRD-200302221
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: April 24, 2003
Proposal publication date: February 7, 2003
For further information, please call: (512) 463-9701