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STATE FUNDING |
Subject to Education Code 42.2516(g) and (h) (regarding
reduction in state aid for certain districts), the District is entitled to
state revenue necessary to provide the District with an amount equal to
$2,500 for each classroom teacher, full-time librarian, full-time counselor,
and full-time school nurse employed by the District and entitled to the state
minimum salary. Education Code 42.2516(b)(2) |
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The District is entitled to state aid in an amount equal
to the sum of:
A determination by the Commissioner under this provision is final and may
not be appealed. Education Code 42.2513 |
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MINIMUM SALARY SCHEDULE - EDUCATORS |
The District shall pay each classroom teacher, full-time
librarian, full-time counselor, or full-time nurse not less than the minimum
monthly salary, based on the employee's level of experience, specified in
Education Code 21.402 and 19 TAC 153.1021. |
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"Classroom teacher" means an educator who
teaches an average of at least four hours per day in an academic or career
and technology instructional setting, focusing on the delivery of the Texas
Essential Knowledge and Skills, and who holds the relevant certificate from
SBEC. Although noninstructional 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. |
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"Librarian" means an educator who provides
full-time library services and holds the relevant certificate from SBEC. |
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"Counselor" means an educator who provides
full-time counseling and guidance services and holds the relevant certificate
from SBEC. |
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"Nurse" means 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. "Full-time" means contracted employment for at least ten months
(187 days) for 100 percent of the school day, in accordance with the
definitions of school day in Education Code 25.082, employment contract in
Education Code 21.002, and school year in Education Code 25.081. 19 TAC 153.1022(a) |
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The Commissioner's rules determine 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 District shall credit the teacher, librarian, counselor, or
nurse for each year of experience, whether or not the years are consecutive. Education
Code 21.402(a), 21.403(c); 19 TAC 153.1022 |
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For the 2006-07 school year, a classroom teacher,
full-time librarian, full-time counselor, or full-time school nurse is
entitled to a monthly salary that is at least equal to the sum of:
Education Code 21.402(c-1) A classroom teacher, full-time librarian, full-time counselor, and
full-time school nurse employed by a school district in the 2006-07 school
year is, as long as the employee is employed by the same district, entitled
to a salary that is at least equal to the salary the employee received for
the 2006-07 school year. Education Code 21.402(c-2) Education Code 21.402(c-1) and (c-2) expire September 1, 2007. |
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A teacher or librarian who received a career ladder
supplement on August 31, 1993, is entitled to at least the same gross monthly
salary the teacher or librarian received for the 1994-95 school year as long
as the teacher or librarian is employed by the same district. "Gross monthly salary" includes the amount the teacher or
librarian received as a career ladder supplement under Section 16.057, as
that section existed January 1, 1993. Education Code 21.402(f), 21.403(d) |
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In addition, a teacher or librarian who was on level two
or three of the career ladder is entitled, as long as he or she is employed
by the same district, to: |
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SUPPORT STAFF COMPENSATION |
The District shall pay each District employee, other than
an administrator or an employee subject to the minimum salary schedule, an
amount at least equal to:
Such payment is in addition to wages the District would otherwise pay the
employee during the school year. Education Code 22.107 |
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PAY INCREASES |
The District shall not grant any extra compensation, fee,
or allowance to a public officer, agent, servant, or contractor after service
has been rendered or a contract entered into and performed in whole or in
part. |
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The District shall not lend its credit or gratuitously
grant public money or things of value in aid of any individual, association,
or corporation. |
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DESIGNATION OF COMPENSATION FOR BENEFITS |
An employee who is covered by a cafeteria plan or who is
eligible to pay health care premiums through a premium conversion plan may
elect to designate a portion of the employee's compensation to be used as
health care supplementation. The amount designated may not exceed the amount
permitted under federal law. Education Code 21.103 |
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An employee may use the compensation designated for health
care supplementation for any employee benefit, including depositing the
designated amount into a cafeteria plan in which the employee is enrolled or
using the designated amount for health care premiums through a premium
conversion plan. Education Code 21.106 |
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Each school year, an active employee must elect in writing
whether to designate a portion of the employee's compensation to be used as
health care supplementation. The election must be made at the same time that the
employee elects to participate in a cafeteria plan, if applicable. Education
Code 21.105 |
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For purposes of the designation of compensation as health
care supplementation, "employee" means an active, contributing
member of TRS who:
Education Code 22.101(2) |
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FAIR LABOR STANDARDS ACT |
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Unless an exemption applies, the District shall pay each
of its employees not less than minimum wage. 29 U.S.C. 206(a)(1) |
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Unless an exemption applies, the District shall pay an
employee not less than one and one-half times the employee's regular rate of
pay for all hours in excess of forty in any workweek. 29 U.S.C. 207(a)(1);
29 CFR part 778 |
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Nonexempt employees may receive, in lieu of overtime
compensation, compensatory time off at a rate of not less than one and
one-half hours for each hour of overtime work, pursuant to an agreement or
understanding arrived at between the employer and employee before the
performance of the work. Such agreement or understanding may be informal,
such as when an employee works overtime knowing that the employer rewards
overtime with compensatory time. An employee may accrue not more than 240 hours of compensatory time. If
the employee's overtime work included a public safety activity, an emergency
response activity, or a seasonal activity, the employee may accrue not more
than 480 hours of compensatory time. After the employee has reached these
limits, the employee shall be paid overtime compensation for additional
overtime work. |
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Compensation paid to an employee for accrued compensatory
time shall be paid at the regular rate earned by the employee at the time of
payment. An employee who has accrued compensatory time off shall be paid for
any unused compensatory time upon separation from employment at the rates set
forth at 29 U.S.C. 207(o)(4). |
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An employee who has requested the use of compensatory time
shall be permitted to use such time within a reasonable period after making
the request if the use of the compensatory time does not unduly disrupt the
operations of the District. |
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The Fair Labor Standards Act does not prohibit the
District from compelling the use of accrued compensatory time. 29 U.S.C. 207(o); Christensen v. |
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The minimum wage and overtime provisions do not apply to
any employee employed in a bona fide executive, administrative, or
professional capacity, including academic administrative personnel or teachers
in elementary or secondary schools. 29 U.S.C. 213(a)(1) |
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To qualify as an exempt executive, administrative, or
professional employee, the employee must be compensated on a salary basis.
Subject to the exceptions listed in the rule, an employee must receive the
full salary for any week in which the employee performs any work, without
regard to the number of days or hours worked. A district that makes improper
deductions from salary shall lose the exemption if the facts demonstrate that
the District did not intend to pay employees on a salary basis. |
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If the District has a clearly communicated policy that
prohibits improper pay deductions and includes a complaint mechanism;
reimburses employees for any improper deductions, and makes a good faith
commitment to comply in the future, the District will not lose the deduction
unless the District willfully violates the policy by continuing to make
improper deductions after receiving employee complaints. The best evidence of a clearly communicated policy is a written policy
that was distributed to employees before the improper pay deductions by, for
example, providing a copy of the policy to employees upon hire, publishing
the policy in an employee handbook, or publishing the policy on the
District's intranet. 29 CFR 541.600, .602(a), .603 |
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The District shall maintain and preserve payroll or other
records for nonexempt employees containing the information required by the
regulations under the Fair Labor Standards Act. 29 CFR 516.2 |
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TRS CONTRIBUTIONS FOR NEW HIRES |
During each fiscal year, the District shall pay an amount
equal to the state contribution rate, as established by the General
Appropriations Act for the fiscal year, applied to the aggregate compensation
of new members of the retirement system, during their first 90 days of
employment. |
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"New member" means a person first employed on or
after September 1, 2005, including a former member who withdrew retirement
contributions under Government Code 822.003 and is reemployed on or after
September 1, 2005. |
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On a monthly basis, the District shall:
A person who was hired before September 1, 2005, and was subject to a
90-day waiting period for membership in the retirement system becomes
eligible to participate in the retirement system as a member starting
September 1, 2005. For the purpose of this section, the member shall be
treated as a new member for the remainder of the waiting period. The District must remit the amount required under this section to TRS at
the same time the District remits the member's contribution. In computing the
amount required to be remitted, the District shall include compensation paid
to an employee for the entire pay period that contains the 90th calendar day
of new employment. Gov't Code 825.4041 |
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TRS SURCHARGE FOR REHIRED RETIREES |
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During each payroll period for which a retiree is
reported, the District shall contribute to the retirement system for each
retiree reported an amount based on the retiree's salary equal to the sum of:
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In addition, each payroll period and for each rehired
retiree who is enrolled in TRS Care (retiree group health insurance), the
District shall contribute to the TRS Care trust fund any difference between
the amount the retiree is required to pay for the retiree and any enrolled
dependents to participate in the group program and the full cost of the
retiree's and enrolled dependents' participation in the group program, as
determined by TRS. If more than one employer reports the retiree to TRS
during a month, the amount of the required payment shall be prorated among
employers. |
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The District is not required to contribute these amounts
for a retiree who was reported under retirement system rules in effect for
the report month of January 2005 by:
Gov't Code 825.4092; Insurance Code 1575.204 |
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RETIREMENT INCENTIVES |
The District may not offer or provide a financial or other
incentive to an employee to encourage the employee to retire from the Teacher
Retirement System of Texas. Education Code 22.007 |
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ATTENDANCE SUPPLEMENT |
The District shall not deny an educator a salary bonus or
similar compensation given in whole or in part on the basis of educator attendance
because of the educator's absence from school for observance of a religious
holy day observed by a religion whose places of worship are exempt from
property taxation under Tax Code 11.20. Education Code 21.406 |
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DATE ISSUED: 06/07/2006 |
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This online presentation of your
district's policy is an electronic representation of TASB's record of the
district's currently adopted policy manual. It does not reflect updating
activities in progress. The official, authoritative manual is available for
inspection in the office of the Superintendent. [See BF (LOCAL) for further
information.] |