HBA-MSH C.S.H.B. 1438 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1438
By: Olivo
Public Education
4/29/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently the Texas Commission for the Deaf and Hard of Hearing certifies
interpreters for the deaf and hearing impaired on five different levels of
proficiency.  According to the Texas Education Agency (TEA), there are more
than 7,000 students with hearing impairments in the public school system.
TEA also estimates that there are 588 interpreters for the hearing impaired
employed in Texas public schools. Children with hearing impairments are
limited in their opportunity to benefit from the education offered when
there is a shortage of qualified interpreters.  Higher salaries may make it
easier to recruit new interpreters into the public school system and
increase the level of instruction for students with hearing impairments.
C.S.H.B. 1438 requires school districts to pay interpreters for the deaf a
minimum salary according to the level of certification the interpreter
possesses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of education in
SECTION 2 (Section 42.2513, Education Code) of this bill. 

ANALYSIS

C.S.H.B. 1438 amends the Education Code to require a school district to pay
a certain minimum annual salary based on the level of interpreter
certification to interpreters for the deaf or hard of hearing (interpreter)
employed by the school district to provide interpreter services on a
10-month contract.  The bill requires a school district to pay an
interpreter employed under a different contract an adjusted salary that
proportionally reflects the days of service and to grant a proportionate
pay raise to interpreters each time professional employees of the district
are granted a raise.  The bill prohibits a school district from paying an
interpreter an annual salary in an amount less than the amount of the
annual salary paid during the 1999-2000 school year to an interpreter with
the same level of certification.  The bill sets forth the minimum annual
salary for levels of certification. 

For the 2001-2002 and 2002-2003 school years, the bill provides that a
school district including a district that is otherwise ineligible for state
aid is entitled to state aid in an amount determined by the commissioner of
education necessary for the district to pay the costs of interpreter's
salaries as prescribed by the bill and authorizes the commissioner to adopt
rules to implement the aid. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. The Act takes applies beginning with the
2001-2002 school year.  The provisions relating to transition aid for
interpreter's salaries take effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1438 differs from the original by decreasing the minimum annual
salary for an interpreter at each level of certification. The substitute
prohibits a school district from paying an interpreter an annual salary  in
an amount less than the amount of the annual salary paid during the
1999-2000 school year to an interpreter with the same level of
certification.  The substitute sets forth provisions relating to transition
state aid for interpreter's salaries.