Questions remain about the statutory requirements for teacher pay in the second year of the biennium. Last week, Texas’ commissioner of education filed a request for an opinion from the state Attorney General Greg Abbott seeking clarification of the statute. The request should be posted in about a week on his Web site 
. The AG legally has up to six months to respond to opinion requests but may expedite opinions for time-sensitive issues. The primary issue at stake is whether the statutory language establishes a minimum salary requirement or requires that each teacher receive an additional step increase next year based on the district’s 2008–09 salary schedule.
The statutory language in question from H.B. 3646—Section 9 follows:
(c-1) Notwithstanding Subsection (a), for the 2009–10 and 2010–11 school years, each school district shall increase the monthly salary of each classroom teacher, full-time speech pathologist, full-time librarian, full-time counselor certified under Subchapter B, and full-time school nurse 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, Govt. 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 school during the 2009–10 school year.
(c-2) An increase in salary under Subsection (c-1) does not include: (1) any amount an employee would have received for the 2009–10 or 2010–11 school year, as applicable, under the district’s salary schedule for the 2008–09 school year, if that schedule had been in effect for the 2009–10 or 2010–11 school year, including any local supplement and any money representing a career ladder supplement the employee would have received in the 2009–10 or 2010–11 school year; or (2) any part of the salary to which an employee is entitled under subsection (a).
(c-3) Subsections (c-1) and (c-2) and this subsection expire September 1, 2011.
We will continue to monitor the status of this request and notify our program contacts as soon as these questions are resolved.
