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Amend CSHB 3646 by inserting the following new SECTION,
appropriately numbered, and renumbering the subsequent SECTIONS of
the bill accordingly:
SECTION ____. (a) Notwithstanding any other provision of
this Act, Sections 12.1331 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 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 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 or
open-enrollment charter school.