Texas Register
(29 TexReg 11870). The section addresses
requirements regarding recognition of creditable years of service. The adopted
amendment includes additions to the list of entities recognized for salary
increment purposes and revisions to applicable definitions and provisions.
Effective February 1, 1998, the commissioner adopted 19 TAC §153.1021,
Recognition of Creditable Years of Service, 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 existing rule concerning placement on the salary schedule applies only
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, Recognition of Creditable
Years of Service, adds content and modifies existing language, as follows.
In subsection (a) relating to definitions, new paragraph (2) is added to
include a definition for state recognized charter schools; subsequent paragraphs
are reordered accordingly; paragraph (5), previously paragraph (4), is modified
to reflect the correct name of the State Board for Educator Certification
and to remove reference to a previous Texas Education Agency division; and
a technical edit is made to paragraph (12), previously paragraph (11), regarding
reference to the TEC. As proposed, paragraph (1) would have been modified
to specifically distinguish a charter school as an accredited institution;
however, agency legal counsel has determined that this separate distinction
is not necessary as it is made clear later in the rule that an authorized
charter school is a public school. In addition, technical edits were made
in subsection (a)(2) to change the term being defined from "charter schools"
to "charter school" and to remove the term "open-enrollment" since that only
applies to TEC, Chapter 12, Subchapter D, and the definition applies to Subchapter
D or E.
In subsection (d) relating to teacher service records, paragraphs (1),
(3), and (5) are modified to include reference to charter schools. As proposed,
paragraph (5) would have also been modified to allow districts and charters
to withhold teacher service records until all debts are paid in full; however,
in response to public comment, this change in paragraph (5) relating to withholding
teacher service records has been deleted.
In subsection (g) relating to entities recognized for years of service,
as proposed, new paragraph (2) would have been added to include charter schools
as recognized entities for salary increment purposes and subsequent paragraphs
reordered accordingly. However, after publication of the proposal, agency
legal counsel determined that this separate distinction is not necessary.
Reference to charter schools is now included in paragraph (1) along with Texas
public elementary and secondary schools. Subsequent paragraphs retain their
original numbering. In addition, a technical edit was made to this subsection
since published as proposed. Paragraph (10) referenced Texas Department of
Mental Health and Mental Retardation state hospitals. The reference was changed
to update the reference as Texas Department of State Health Services state
hospitals and state schools, consistent with the corresponding requirement
listed in subsection (h).
In subsection (h) relating to requirements for entities recognized for
professional personnel, new paragraph (2) would have been added to include
recognized charter schools and specific related requirements and subsequent
paragraphs reordered accordingly. However, after publication of the proposal,
agency legal counsel determined that this separate distinction is not necessary.
Reference to charter schools is now included in paragraph (1), with requirements
specific to Texas public elementary and secondary schools shown in subparagraph
(A) and requirements specific to charter schools shown in subparagraph (B).
Subsequent paragraphs retain their original numbering. Paragraph (8) is modified
by adding new subparagraph (F) relating to the Texas accredited private schools
listing. Paragraph (9) is modified to reflect a change in the method to make
information about non-public special education contract schools available.
Paragraph (12) is modified to correct a cross reference to provisions in subsection
(a) and to include reference to charter schools. Paragraph (13) is modified
to add new subparagraph (E) relating to experience from private schools, colleges,
and universities in foreign countries that have been accredited by a recognized
accrediting entity. Also in paragraph (13), minor editorial corrections are
made in subparagraphs (B) and (C). An accrediting entity of the foreign country
must be either the Department of Education or the Higher Education Authority
of that country.
Approval of experience from accredited private schools, colleges, and universities
in a foreign country will be considered on an individual country basis depending
on the relevant information provided by public officials of the foreign accrediting
entity to the Texas Education Agency. It is the responsibility of the foreign
country to provide such relevant, credible, and accurate information before
any credit is given.
Many teachers gain valuable experience living abroad due to the fact that
their spouses are in the U.S. military. While the rule currently gives salary
schedule credit for teachers working for a school operated by the U.S. government
or public schools, many teachers are denied such credit if their work experience
was in a private school setting that was accredited by the country in which
the school is located, but not accredited by an accrediting agency listed
under 19 TAC §153.1021. Therefore, the rule action revises the rule and
recognizes teaching experience from appropriately accredited foreign private
schools, colleges, and universities.
In addition, a technical edit was made to subsection (h) since published
as proposed. Paragraph (10) referenced Texas Department of Mental Health and
Mental Retardation state hospitals and state schools. The reference was changed
to update the reference as Texas Department of State Health Services state
hospitals and state schools.
In subsection (k) relating to substitute teachers, a minor technical edit
is made to the school year referenced.
New subsection (m) is added relating to teacher aides to reflect teacher
aide experience that may qualify the individual for up to two additional years
on the minimum salary schedule. The new language in subsection (m) facilitates
the goal of providing an incentive for teacher aides to become certified teachers
by allowing some credit for experience as a teacher aide providing direct
instruction to students. Teacher aides already have a good understanding of
what is required to be a classroom teacher and are thus more likely to continue
in the teaching profession than other beginning teachers.
The following is a summary of public comments received on the proposed
amendment to 19 TAC §153.1021 and corresponding agency responses.
Comment. The Texas Classroom Teachers Association (TCTA) expressed support
for the proposed amendment to subsection (h)(14)(E) providing for experience
in foreign schools that are accredited by the accrediting agency of the foreign
country. The TCTA commented that teachers living abroad may have obtained
valuable experience working in such schools. The TCTA stated that spouses
of military service personnel may have obtained service working in schools
overseas that are accredited by the country in which they are located, and
this change would be a benefit to those military families.
Agency response. The agency agrees.
Comment. The TCTA expressed support for the addition of subsection (m),
which provides up to two years of instructional experience for time spent
in full-time instruction as a teacher aide. The TCTA recommended this change
as a way to encourage qualified paraprofessional personnel to seek certification
as teachers and to recognize some of the valuable experience obtained while
already serving in the classroom.
Agency response. The agency agrees.
Comment. The TCTA strongly opposed the addition to subsection (d)(5) that
would allow school districts or charter schools to withhold service records
until all debts to the school are paid in full. The TCTA commented that this
provision is unrelated to the statutory authority given to 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." The TCTA commented that
the proposed rule exceeds the statutory authority for the commissioner to
adopt rules on this subject. The TCTA stated that the inclusion of such a
rule would allow school districts to keep professional employees from obtaining
a job in another district if the school district's personnel believed the
employee owed the district a debt. The TCTA further stated that such employees
would thus be deprived of the ability to obtain gainful employment in their
profession without the opportunity for due process of law. The TCTA commented
that the proposed rule language is functionally equivalent to an illegal garnishment
of wages and self help, citing Benton v. Wilmer-Hutchins I.S.D., 662 S.W.2d
696 (Tex.App. - Dallas 1983; overruled on other grounds in Orange County v.
Ware, 819 S.W.2d 472, 474 (Tex. 1991)). The TCTA noted that if a school district
believes it is owed a debt, it should have the burden of proof to show that
such a debt exists and be required to pursue the legal remedies available
for creditors.
Agency response. The agency agrees that the proposed amendment is beyond
the scope of the commissioner's statutory authority and has deleted the proposed
language.
The amendment is adopted under the Texas Education Code, §21.403,
which authorizes the commissioner of education 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.
The amendment implements the Texas Education Code, §21.403.
§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)
Charter school--A charter school that has been authorized
to operate under the Texas Education Code (TEC), Chapter 12, Subchapter D
or E.
(3)
Assignment--Refers to the actual duties a person has with
a school district or other educational entity.
(4)
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.
(5)
Certificate--A document issued by the State Board for Educator
Certification authorizing the holder to teach in the public elementary and
secondary schools of Texas.
(6)
Certified--Status of a person who holds a valid Texas teaching
certificate.
(7)
Contractual year--The employment period between July 1
and the following June 30.
(8)
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.
(9)
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.
(10)
Full-time employment--Employment for 100% of an institution's
normal work schedule.
(11)
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.
(12)
Minimum salary--The minimum salary a teacher, full-time
librarian, full-time counselor, or full-time school nurse must be paid as
prescribed in TEC, Chapter 21.
(13)
Part-time employment--Employment for less than 100% of
an institution's normal work schedule.
(14)
Professional personnel--Teachers, full-time librarians,
full-time counselors, full-time school nurses, other employees who are required
to hold a certificate issued under TEC, Chapter 21, Subchapter B, and any
other personnel reported by a school district to the Public Education Information
Management System with a "professional" role-id.
(15)
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;
(F)
Northwest Association of Schools and Colleges;
(G)
Commission on International and Trans-regional Accreditation;
(H)
International Baccalaureate Organization;
(I)
European Council of International Schools/Council of International
Schools; and
(J)
National Council for Private School Accreditation.
(16)
Salary increments--Increases in salary granted for teaching
or work experience.
(17)
School nurse--An educator employed to provide full-time
nursing and health care services and who meets all the requirements to practice
as a registered nurse (RN) pursuant to the Nursing Practice Act and the rules
and regulations relating to professional nurse education, licensure, and practice,
and who has been issued a license to practice professional nursing in Texas.
(18)
Service--A term of employment measured in school years
in an entity in which the employment is recognized for salary increment purposes.
(19)
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.
(20)
Substitute teacher--A certified teacher who works on call,
does not have a full-time assignment, and provides instruction.
(21)
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, an emergency
teaching permit, or the appropriate licensure from the State of Texas.
(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 §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
or charter school 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 or charter school 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 (h) of this section.
(3)
If a person is employed by more than one school district
or charter school during the same school year, a service record from each
employing district or charter school 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 or charter school. When employment with the district or charter school
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
or charter school. The local school district or charter school 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 (i) 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. The
service record shall separately state the number of accumulated state days
for which the employee is paid, if any, upon separation from the employing
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: 19 TAC §153.1021(f) (No change.)
(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 public 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, including
charter schools;
(2)
State regional education service centers;
(3)
State departments of education;
(4)
Texas Department of Corrections--Windham Schools;
(5)
Public elementary and secondary schools in all other states
in the United States or within the boundaries of any of its territorial possessions;
(6)
Overseas schools operated by the U.S. Government;
(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 State Health Services (formerly the
Texas Department of Mental Health and Mental Retardation)--state hospitals
and state schools;
(11)
Texas veterans' vocational schools;
(12)
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;
(13)
Foreign public or private colleges or universities, or
elementary and secondary schools;
(14)
U.S. Department of Interior--Bureau of Indian Affairs;
(15)
U.S. service academies;
(16)
U.S. military service;
(17)
Job Corps; and
(18)
Peace Corps (in a professional capacity only).
(h)
Requirements. Requirements for entities recognized for
professional personnel are as follows:
(1)
Texas public elementary and secondary schools, including
charter schools.
(A)
Requirements specific to Texas public elementary and secondary
schools.
(i)
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, full-time librarians, full-time
counselors, and full-time school nurses must be paid at least the minimum
salary specified in the Texas State Public Education Compensation Plan.
(ii)
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.
(iii)
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.
(B)
Requirements specific to charter schools.
(i)
Employment must have been in a professional capacity as
defined by subsection (a) of this section.
(ii)
Texas charter schools are not required to hire certified
teachers other than those in special education and bilingual education, or
as stated in the charter application.
(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.
(F)
Beginning with the 2004 - 2005 school year and thereafter,
private schools accredited by the Texas Private School Accreditation Commission
will be listed on the Texas Education Agency website.
(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 posted
on the agency's school finance website.
(B)
The person must have been certified in an area of special
education.
(10)
Texas Department of State Health Services (formerly the
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 listed in subsection (a)(15) of this section 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
or charter school 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, 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, colleges, and universities,
accreditation must be by a recognized regional accrediting agency listed in
subsection (a)(15) of this section, unless the requirements in subparagraph
(E) of this paragraph are met.
(D)
The accreditation status must be verified in the same manner
as for public or private schools in the United States.
(E)
Experience from foreign private schools, colleges, and
universities that have been accredited by a recognized accrediting agency
of the foreign country may be recognized for salary increment purposes, provided
the minimum requirements in subsection (f) of this section are met. All relevant
and credible information concerning accreditation must be provided to the
Texas Education Agency. The recognized accrediting entity in the foreign country
is the Department of Education or the Higher Education Authority of that foreign
country. It is the responsibility of the foreign country to provide such relevant,
credible, and accurate information before any credit is given. Such experience
will be considered on an individual country basis. The placement on the minimum
salary schedule will begin with the following contractual year (July 1 - June
30) after the final approval is granted by the Texas Education Agency. The
district or charter school is not liable for any previously non-compensated
salary related to such experience.
(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 or appropriate license that would qualify for service credit 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
or appropriate license that would qualify for service credit 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 positions.
(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 - 1999 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.
(m)
Teacher aides. Beginning with the 2004 - 2005 school year,
a teacher aide who subsequently attains certification may count up to two
years of full-time equivalency of direct student instruction for salary increment
purposes. Such experience must be verified on the teacher service record form
(FIN-115) or a similar form containing the same information.
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 15, 2005.
TRD-200501542
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Effective date: May 5, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 475-1497