Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 7. PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS

Subchapter A. GENERAL PROVISIONS

19 TAC §§7.3, 7.6, 7.9

The Texas Higher Education Coordinating Board adopts amendments to §§7.3, 7.6, and 7.9, concerning definition of Board and a minor correction and reference change in the rules, without changes to the proposed text as published in the December 8, 2006, issue of the Texas Register (31 TexReg 9785).

Specifically, amendments to §7.3, relating to Definitions, expands the definition of Board to include the Commissioner or his designated representatives to clarify that the Board has delegated authority to the Commissioner to administer the chapter. Section 7.6, relating to Certificate of Authority--Eligibility, Applications, Renewals, and Amendments, corrects an incorrect reference in the rules to another section of the rules. Section 7.9, relating to Operation of Branch Campuses, Extension Centers, or Other Off-Campus Units by Exempt Institutions, removes a typographical error in the rules.

There were no comments received regarding adoption of the amendments.

The amendments are adopted under Texas Education Code, §61.311, which provides the Coordinating Board with the authority to adopt rules relating to Subchapter G on Regulation of Private Postsecondary Educational Institutions.

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 30, 2007.

TRD-200700260

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Effective date: February 19, 2007

Proposal publication date: December 8, 2006

For further information, please call: (512) 427-6114

Chapter 97. PLANNING AND ACCOUNTABILITY

Subchapter AA. ACCOUNTABILITY AND PERFORMANCE MONITORING

19 TAC §97.1002

The Texas Education Agency (TEA) adopts new §97.1002, concerning the identification of technical assistance team campuses. The new section is adopted without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10238) and will not be republished. The adopted new section implements the requirements of the Texas Education Code (TEC), §39.1322, as added by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006. In accordance with statute, the adopted new rule describes the procedures for the annual assignment of technical assistance teams to certain campuses rated Academically Acceptable.

HB 1 amended the TEC, Chapter 39, by adding §39.1322 requiring the commissioner of education to select and assign a technical assistance team (TAT) to a campus rated Academically Acceptable in the state accountability rating system if that campus would be rated Academically Unacceptable using the accountability standards for the subsequent year.

Adopted new 19 TAC §97.1002 establishes provisions for identifying TAT campuses, including waiving the requirement to assign a TAT based on specific criteria.

No comments were received regarding adoption of the proposed new section.

The new section is adopted under the Texas Education Code, §39.1322, which requires the commissioner of education to select and assign a technical assistance team to assist a campus in executing a school improvement plan, and any other school improvement strategies the commissioner determines appropriate, for a campus that is rated academically acceptable for the current school year but would be rated as academically unacceptable if performance standards to be used for the following school year were applied to the current school year.

The new section implements the Texas Education Code, §39.1322.

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 February 5, 2007.

TRD-200700299

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: February 25, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 475-1497

19 TAC §153.1021

The Texas Education Agency (TEA) adopts an amendment to §153.1021, concerning recognition for creditable years of service. The amendment is adopted without changes to the proposed text as published in the November 10, 2006, issue of the Texas Register (31 TexReg 9191) and will not be republished. The section 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 updates references and clarifies accreditation requirements for Texas public or private colleges and universities that serve as entities eligible to recognize credit for professional personnel.

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 adopted amendment to 19 TAC §153.1021 updates and clarifies existing provisions, as follows.

In subsection (a), relating to definitions, paragraph (5) was modified to add the acronym for the State Board for Educator Certification (SBEC); paragraph (8) was modified to include the appropriate certification examinations; and paragraph (19) was modified to update reference to the Texas Department of State Health Services (formerly known as the Texas Department of Mental Health and Mental Retardation). These changes update the rule to include reference to any previous, current, or future appropriate certification examination and to incorporate a state agency name change.

In subsection (h), relating to requirements for entities recognized for professional personnel, paragraph (7)(A) was modified to require that Texas public or private colleges and universities serving as entities eligible to recognize credit for professional personnel be accredited by the Southern Association of Colleges and Schools. This change states clearly in the rule a requirement that has been in practice since initial adoption. Subsequent paragraphs were reordered accordingly.

Subsection (m), relating to teacher aides, was modified to include reference to contractual year instead of school year. This change provides clarification to establish specific dates for certification purposes.

The following is a summary of the public comment received on the proposed amendment to 19 TAC §153.1021 and the corresponding agency response.

Comment. The law firm of Schwartz & Eichelbaum, P.C., suggested keeping the school year terminology under subsection (m), relating to teacher aides, instead of changing it to contractual year.

Agency response. The agency disagrees. Section 153.1021(a)(7) defines contractual year as the employment period between July 1 and the following June 30. The definition presented in the proposal provides clarification to establish specific dates for certification purposes. No changes were made to the proposal in response to the comment.

The amendment is adopted under the Texas Education Code, §21.403, which requires 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.

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 February 5, 2007.

TRD-200700300

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: February 25, 2007

Proposal publication date: November 10, 2006

For further information, please call: (512) 475-1497

19 TAC §153.1022

The Texas Education Agency (TEA) adopts an amendment to §153.1022, concerning the minimum salary schedule for certain professional staff. The amendment is adopted with a change to the proposed text as published in the November 10, 2006, issue of the Texas Register (31 TexReg 9192). The section establishes definitions of qualifying staff, details eligibility criteria for placement on the salary schedule, and explains base pay. Salaries are adjusted using a factor, defined as "FS" in Texas Education Code (TEC), §21.402(a), based on state assistance under TEC, §42.302. The adopted amendment updates the rule to modify the components and calculation of the minimum salary rates prescribed by the TEC, §21.402, as amended by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006.

The commissioner is authorized to adopt a minimum monthly salary schedule for certain professionals, including classroom teachers and full-time librarians, counselors, and nurses. The salary schedule is based on the employee's level of experience. In accordance with TEC, §21.402, enacted by Senate Bill 4, 76th Texas Legislature, 1999, 19 TAC §153.1022 was adopted to be effective January 2, 2000. The rule was last amended to be effective January 31, 2006, to incorporate a new element in the determination of "FS" and to specify salary rates applicable for the 2005 - 2006 and 2006 - 2007 school years.

In May 2006, the 79th Texas Legislature, Third Called Session, amended TEC, §21.402, providing for increases in the minimum monthly salary schedule for the 2006 - 2007 school year. The changes in statute increased the salary factor for each year of experience and included an additional $250 in increased pay for each full month of additional service. The adopted amendment to 19 TAC §153.1022 updates the rule in response to statutory changes, as follows.

The proposal included revisions to subsection (b) to make reference to base monthly salary rather than base pay, to address the 2006 - 2007 school year rather than the 1999 - 2001 biennium, and to reflect the additional $250 per month. In response to public comment, subsection (b) was modified since published as proposed to clarify that the 2005 - 2006 salary schedule is to be used to calculate the base monthly salary for the 2006 - 2007 school year.

The following changes to 19 TAC §153.1022 were adopted with no changes from the proposal.

Revisions in subsection (b)(1) included the additional $250 per month and deleted language applicable to 1998 - 1999. Subsection (b)(2) was revised to incorporate the same provisions for eligible counselors, nurses, and librarians for the 2006 - 2007 school year. Corresponding revisions were adopted in subsection (b)(3) and (4).

New language in subsection (c) adopts a new salary factor in the determination of "FS" to correspond with changes made in TEC, §21.402(a).

Subsection (d) was revised to delete reference to the 2005 - 2006 school year. In addition, the table set forth as Figure 19 TAC §153.1022(d) in subsection (d) was updated to establish the new minimum monthly salary rates. No changes were made to the table since published as proposed.

The following is a summary of the public comment received on the proposed amendment to 19 TAC §153.1022 and the corresponding agency response.

Comment. The law firm of Schwartz & Eichelbaum, P.C., suggested using the same language in subsection (b) as it is stated under HB 1 for the purpose of calculating the minimum salary schedule for the 2006 - 2007 school year.

Agency response. The agency agrees and modified subsection (b) accordingly.

The amendment is adopted under the Texas Education Code, §21.402, which authorizes the commissioner of education to adopt rules to govern the application of the minimum salary schedule for certain professional staff.

The amendment implements the Texas Education Code, §21.402.

§153.1022.Minimum Salary Schedule for Certain Professional Staff.

(a) Definitions and eligibility. The following definitions and eligibility criteria apply to the increases in the minimum salary schedule in accordance with Texas Education Code (TEC), Chapter 21.

(1) The staff positions that qualify for the salary increase include classroom teachers and full-time librarians, counselors, and nurses employed by public school districts and who are entitled to a minimum salary under TEC, §21.402.

(A) A classroom teacher is an educator who teaches an average of at least four hours per day in an academic or career and technology instructional setting pursuant to TEC, §5.001, focusing on the delivery of the Texas essential knowledge and skills and holds the relevant certificate issued by the State Board for Educator Certification (SBEC) under the provisions of TEC, Chapter 21, Subchapter B. Although non-instructional duties do not qualify as teaching, necessary functions related to the educator's instructional assignment such as instructional planning and transition between instructional periods should be applied to creditable classroom time.

(B) A school librarian is an educator who provides full-time library services and holds the relevant certificate issued by the SBEC under the provisions of TEC, Chapter 21, Subchapter B.

(C) A school counselor is an educator who provides full-time counseling and guidance services under the provisions of TEC, Chapter 33, Subchapter A, and holds the relevant certificate issued by the SBEC pursuant to the provisions of TEC, Chapter 21, Subchapter B.

(D) A school nurse is 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 has been issued a license to practice professional nursing in Texas.

(2) An eligible educator who is employed by more than one district in a shared service arrangement or by a single district in more than one capacity among any of the eligible positions qualifies for the salary increase as long as the combined functions constitute full-time employment.

(3) Full-time means contracted employment for at least ten months (187 days) for 100% of the school day in accordance with definitions of school day in TEC, §25.082, employment contract in TEC, §21.002, and school year in TEC, §25.081.

(4) A local supplement is any amount of pay above the state minimum salary schedule for duties that are part of a teacher's classroom instructional assignment.

(5) Current placement on the salary schedule means a placement based on years of service recognized for salary increment purposes up to the current year.

(6) Salary schedule means a system of providing routine salary increases based upon an employee's total teaching experience and/or an employee's longevity in a school district.

(b) Base monthly salary for the 2006 - 2007 school year. The base monthly salary is the monthly salary the employee would have received for the 2006 - 2007 school year under the district's salary schedule for the 2005 - 2006 school year, if that schedule had been in effect for the 2006 - 2007 school year, including any local supplement and any money representing a career ladder supplement the employee would have received in the 2006 - 2007 school year, and $250 per month.

(1) An educator eligible for the salary increase is entitled to a minimum salary in the 2006 - 2007 school year equal to the greater of the salary corresponding to their current placement on the state salary schedule pursuant to TEC, §21.402(a), or the salary corresponding to their current placement on the employing district's 2006 - 2007 salary schedule, plus $250 per month. If employed by the same district, the minimum must include any local and career ladder supplements the employee would have received in 2006 - 2007.

(2) Eligible counselors, nurses, and librarians are entitled to a minimum salary in the 2006 - 2007 school year equal to the greater of the salary corresponding to their current placement on the state salary schedule pursuant to TEC, §21.402(a), or the salary corresponding to their current placement on the employing district's 2006 - 2007 salary schedule, plus $250 per month. These educators are placed on the state schedule according to the same criteria that applies to teachers and librarians pursuant to §153.1021 of this title (relating to Recognition of Creditable Years of Service).

(3) A beginning teacher who has not previously been on the state salary schedule is entitled to any local supplement that would have been offered to a beginning teacher on the employing district's 2006 - 2007 salary schedule.

(4) Educators who are eligible for the salary increase and who are employed for more than ten months are entitled to an additional $250 in increased pay for each full month of additional service.

(5) Teachers who are eligible for the salary increase but who are not employed full-time (work either less than 100% of the day or for a portion of the year) are entitled to a proportionate pay increase. For teachers working less than 100% of the day, the increase is proportionate to the percent of the day employed. For teachers employed less than a full year, the increase is valid only for the months employed.

(6) Nurses, librarians, and counselors who are employed for less than a full school year or who are placed in an eligible assignment for less than a full school year are entitled to a pay increase in proportion to the months employed in which they are eligible.

(c) Determination of "FS." "FS" is the amount, as determined by the commissioner under TEC, §21.402(b), of state and local funds per weighted student, including funds provided under TEC, §42.2516(b)(1)(B), but not funds provided under TEC, §42.2516(b)(1)(A), (b)(1)(C), (b)(2), or (b)(3), available to a district eligible to receive state assistance under TEC, §42.302, with a maintenance and operations tax rate per $100 of taxable value equal to the product of the state compression percentage, as determined under TEC, §42.2516, multiplied by $1.50, except that the amount of state and local funds per weighted student does not include the amount attributable to the increase in the guaranteed level made by Chapter 1187, 77th Texas Legislature, 2001.

(d) Monthly minimum salary rates. The minimum monthly salary rates applicable for the 2006 - 2007 school year, in accordance with this section and TEC, §21.402, shall be as set forth in the table in this subsection.

Figure: 19 TAC §153.1022(d) (.pdf)

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 February 5, 2007.

TRD-200700301

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: February 25, 2007

Proposal publication date: November 10, 2006

For further information, please call: (512) 475-1497