19 TAC §153.1021
The Texas Education Agency (TEA) adopts the amendment to §153.1021,
concerning school district personnel, with changes to the proposed text as
published in the December 24, 1999, issue of the
Texas Register
(24 TexReg 11659). The section determines the experience
for which certain professional staff members are given credit in placement
on the state minimum salary schedule.
The amendment revises applicable definitions and administrative procedures
pertaining to service credit for counselors and nurses in order to conform
to the changes to the Texas Education Code (TEC), Chapter 21, enacted by Senate
Bill 4, 76th Texas Legislature, 1999.
In response to comments, the following changes have been made to the section
since published as proposed.
Language in subsection (d)(8) was modified to require the reporting of
accumulated leave paid at the time of employee severance and to eliminate
the reduction in state days that was originally proposed.
Language in subsection (g)(18) was modified to make professional service
in the Peace Corps other than teaching eligible for credit.
Subsections (h)(7)(C) and (h)(12)(D) were deleted in order to allow credit
for service as a nurse in a college or university or in a hospital operated
by a college or university.
Language was added to subsections (h)(17) and (h)(18) to clarify that service
in the Job Corps or Peace Corps requires valid teaching credentials or other
licensure to be eligible for service credit.
In addition, a technical correction was made to the phrase "Teacher Service
Record" in subsection (d) for consistency with
Texas
Register
format requirements. A typographical error was corrected in
a column heading to read "Minimum Full-Time Equivalent Days" in the figure
referenced in 19 TAC §153.1021(f). The corrected figure is submitted
for publication in this issue (See Figure: 19 TAC §153.1021(f)).
The following comments were received regarding adoption of the amendment.
Comment. The Texas Association of School Nurses (TASN) and the Texas Nurses
Association (TNA) commented in support of the school nurse definition in §153.1021(a)(16).
Comment. The TASN and the TNA commented that the statute does not reference
"school nurse" when referring to credit for service as a nurse. Therefore,
service as a nurse should be recognized in any accredited health-care setting.
Such experience, even in home-health fields, is relevant to the competencies
of a school nurse.
Agency Response. The agency disagrees with the comments. Service of all
professional positions has historically been limited to only service in certain
eligible entities. For teachers, librarians, and guidance counselors only
certain service at eligible entities is awarded credit. For example, librarian
service at a public library owned and operated by a city would not count as
creditable service. Private-sector teaching in an unaccredited school would
not be recognized. To extend the list of eligible entities beyond those currently
recognized for all other service credit purposes would raise questions of
fairness in a number of other areas. There would also be a substantial burden
placed on the resources of the TEA to maintain appropriate documentation and
histories of accredited health care settings in Texas and other states. While
many life experiences are relevant to the development of persons in roles
covered by the minimum salary schedule, the agency disagrees with extending
the list of eligible entities beyond those in which the experience is most
closely similar to the kindergarten-Grade 12 educational setting.
Comment. The TASN and the TNA commented that nursing service in the Peace
Corps should be recognized in the same manner as teaching service in the Peace
Corps.
Agency Response. The agency agrees with this comment and has modified the
section. Nursing service in the Peace Corps must have been as a registered
nurse.
Comment. An individual commented that nursing service at any organization
covered by the Teacher Retirement System should be counted, since all Teacher
Retirement System-covered organizations are recognized for teacher service
purposes.
Agency Response. The agency disagrees with changing the rule in this respect.
Not all service at Teacher Retirement Service-covered institutions counts
toward creditable service. For teachers, service must be as a teacher or faculty-level
staff member. In addition, only certain part-time service is covered.
Comment. The Texas Classroom Teachers Association (TCTA) expressed that
speech therapists should be covered by the service credit rules and the minimum
salary schedule.
Agency Response. The agency disagrees with the comment. There has been
a long-standing distinction in TEA data gathering and state law between teachers
and speech therapists. No changes in the recent legislative session indicate
any intent to extend minimum salary schedule protection to speech therapists.
Comment. The TCTA pointed out that there is no statutory authority for
setting rules for personal leave. The amendment to 19 TAC §153.1021(d)(8)
should be removed.
Agency Response. The agency agrees that there is no authority to regulate
the use of state personal leave. However, there is authority to control the
content of the service record. As a result, language has been rephrased to
require notation of payment for accumulated state personal leave.
Comment. The TASN, the TNA, and several individuals commented that nursing
service in any capacity at university-operated hospitals should be recognized
in the same manner as teaching service at such institutions. In addition,
more than 250 letters from individuals expressed similar views.
Agency Response. Based on the testimony and past practice, the agency has
removed the changes that limit nurse service credit at university-operated
hospitals.
The amendment is adopted under the Texas Education Code, §21.403,
as amended by Senate Bill 4, 76th Texas Legislature, 1999, 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, full-time
librarian, full-time counselor, or full-time school nurse 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,
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.
(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;
(F)
Northwest Association of Schools and Colleges; and
(G)
Commission on International and Trans-regional Accreditation.
(15)
Salary increments -- Increases in salary granted
for teaching or work experience.
(16)
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.
(17)
Service -- A term of employment measured in school
years in an entity in which the employment is recognized for salary increment
purposes.
(18)
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.
(19)
Substitute teacher -- A certified teacher who works
on call, does not have a full-time assignment, and provides instruction.
(20)
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
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 (h) 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 (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)
(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)
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 Mental Health and Mental Retardation--state
hospitals;
(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.
(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, 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.
(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 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 1998-99 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 March 27, 2000.
TRD-200002204
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Effective date: April 16, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 463-9701