(a) Definitions and eligibility. The following definitions and eligibility criteria apply to the minimum salary schedule in accordance with Texas Education Code (TEC), Chapter 21.
  (1) The staff positions employed by public school districts that are entitled to the minimum salary schedule under TEC, §21.402, are classroom teachers, full-time librarians, full-time counselors, and full-time nurses.
    (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. The base monthly salary is the monthly salary that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).
  (1) Eligible classroom teachers employed by school districts are entitled to the minimum salary schedule that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).
  (2) Eligible full-time counselors, full-time nurses, and full-time librarians employed by school districts are entitled to the minimum salary schedule that is at least equal to the monthly salary as determined by TEC, §21.402(c-1).
(c) Determination of "FS." "FS" is the amount, as determined by the commissioner under TEC, §21.402(b), of the basic allotment as provided by TEC, §42.101(a) or (b), for a school district with a maintenance and operations tax rate at least equal to the state maximum compressed tax rate, as defined by TEC, §42.101(a).
(d) Monthly minimum salary rates. The minimum monthly salary rates, in accordance with this section and TEC, §21.402, shall be as set forth in this subsection. If the minimum monthly salary determined under TEC, §21.402(a), for a particular level of experience is less than the minimum monthly salary for that level of experience in the preceding year, the minimum monthly salary is the minimum monthly salary for the preceding year. Beginning with the 2017-2018 school year and thereafter, the minimum salary rates as determined by TEC, §21.402, will be posted on the Texas Education Agency website.

Source Note: The provisions of this §153.1022 adopted to be effective January 2, 2000, 24 TexReg 11753; amended to be effective February 22, 2004, 29 TexReg 1362; amended to be effective January 31, 2006, 31 TexReg 492; amended to be effective February 25, 2007, 32 TexReg 625; amended to be effective December 30, 2010, 35 TexReg 11635; amended to be effective April 3, 2012, 37 TexReg 2221; amended to be effective January 7, 2016, 41 TexReg 244; amended to be effective March 4, 2018, 43 TexReg 1267