HB 3546 includes pay raise, but it is conditional

House Bill 3646 includes a teacher pay raise, but it is conditional on Federal Stimulus money being available to the state for this purpose. The commissioner of education is to certify that the money is available when the state’s application for the money has been approved. Additionally, HB 3646 will not become law until it is signed or filed without signature on the 21st of June.

For these reasons, it will be prudent for school business officials to defer making any binding salary decisions until we have definite instructions from the commissioner of education.

It is reasonable to make budget plans that assume a minimum pay increase of $80 per month or $60 per WADA and total increase in operating income of at least $120 per WADA. Budgets can be changed, but it is not that easy to back away from a salary plan. Districts are authorized to make conditional contracts that are dependent on the money being available. How to do that is a question that should be discussed with the district’s lawyer.

Here is the section of HB 3646 that requires a pay increase:

SECTION8. Section 19.009, Education Code, is amended by adding Subsections (d-2) and (d-3) to read as follows:

(d-2) Beginning with the 2009-2010 school year, the district shall increase the monthly salary of each classroom teacher, full-time speech pathologist, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, and full-time school nurse employed by the district by the greater of:

(1) $80; or

(2) the maximum uniform amount that, when combined with any resulting increases in the amount of contributions made by the district for social security coverage for the specified employees or by the district on behalf of the specified employees under Section 825.405, Government Code, may be provided using an amount equal to the product of $60 multiplied by the number of students in weighted average daily attendance in the district during the 2009-2010 school year.

(d-3) A payment under Subsection (d-2) is in addition to salary thedistrict would otherwise pay the employees during the school year.

And here is the “maybe not” section:

SECTION95.(a) Notwithstanding any other provision of this Act, Sections 12.1331, 19.007(g), 19.009(d-2), and 21.402(c-1), Education Code, as added by this Act, are expressly contingent on a determination by the commissioner of education that payment of wage and salary increases and associated benefits required by or associated with those sections are allowable uses of federal funds received by school districts and open-enrollment charter schools under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and appropriated as part of the Foundation School Program. The commissioner may not make a determination under this subsection until the state's application to spend funds under the American Recovery and Reinvestment Act of 2009 has been approved by the United States government. The commissioner shall promptly notify school districts and open-enrollment charter schools of that determination. A determination by the commissioner under this subsection is final and may not be appealed.

(b)A school district or open-enrollment charter school may enter into an employment contract or agreement that is contingent on a determination of the commissioner of education under Subsection (a) of this section.

(c)The commissioner of education by rule may determine the applicable minimum salary schedule for use by school districts during the 2010-2011 state fiscal biennium following a determination under Subsection (a) of this section. If the commissioner determines that federal funds received by school districts and open-enrollment charter schools under the American Recovery and Reinvestment Act of 2009 may not be used for purposes of Sections 12.1331, 19.007(g), 19.009(d-2), and 21.402(c-1), Education Code, as added by this Act, those amendments have no effect in determining the salary required to be paid to an employee of a school district, including the Windham School District, or open-enrollment charter school.