Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
CHAMBER ACTION
Senate House
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11 The Committee on Education (Lynn) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 120, line 14, through
16 page 128, line 5, delete those lines
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18 and insert: s. 1012.22 salary career ladder defined in s.
19 1012.231.
20 Section 53. Subsection (1) of section 1011.71, Florida
21 Statutes, is amended to read:
22 1011.71 District school tax.--
23 (1) If the district school tax is not provided in the
24 General Appropriations Act or the substantive bill
25 implementing the General Appropriations Act, each district
26 school board desiring to participate in the state allocation
27 of funds for current operation as prescribed by s. 1011.62(10)
28 s. 1011.62(9) shall levy on the taxable value for school
29 purposes of the district, exclusive of millage voted under the
30 provisions of s. 9(b) or s. 12, Art. VII of the State
31 Constitution, a millage rate not to exceed the amount
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 certified by the commissioner as the minimum millage rate
2 necessary to provide the district required local effort for
3 the current year, pursuant to s. 1011.62(4)(a)1. In addition
4 to the required local effort millage levy, each district
5 school board may levy a nonvoted current operating
6 discretionary millage. The Legislature shall prescribe
7 annually in the appropriations act the maximum amount of
8 millage a district may levy. The millage rate prescribed shall
9 exceed zero mills but shall not exceed the lesser of 1.6 mills
10 or 25 percent of the millage which is required pursuant to s.
11 1011.62(4), exclusive of millage levied pursuant to subsection
12 (2).
13 Section 54. Subsection (6) is added to section
14 1012.21, Florida Statutes, to read:
15 1012.21 Department of Education duties; K-12
16 personnel.--
17 (6) REPORTING.--The Department of Education shall
18 annually post online links to each school district's
19 collective bargaining contracts and the salary and benefits of
20 the personnel or officers of any educator association which
21 were paid by the school district pursuant to s. 1012.22. The
22 department shall prescribe the computer format for district
23 school boards to use in providing the information.
24 Section 55. Paragraphs (c), (h), and (i) of subsection
25 (1) of section 1012.22, Florida Statutes, are amended, and
26 subsection (3) is added to that section, to read:
27 1012.22 Public school personnel; powers and duties of
28 the district school board.--The district school board shall:
29 (1) Designate positions to be filled, prescribe
30 qualifications for those positions, and provide for the
31 appointment, compensation, promotion, suspension, and
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 dismissal of employees as follows, subject to the requirements
2 of this chapter:
3 (c) Compensation and salary schedules.--
4 1. The district school board shall adopt a salary
5 schedule or salary schedules designed to furnish incentives
6 for improvement in training and for continued efficient
7 service to be used as a basis for paying all school employees
8 and fix and authorize the compensation of school employees on
9 the basis thereof.
10 2. A district school board, in determining the salary
11 schedule for instructional personnel, must base a portion of
12 each employee's compensation on performance demonstrated under
13 s. 1012.34, must consider the prior teaching experience of a
14 person who has been designated state teacher of the year by
15 any state in the United States, and must consider prior
16 professional experience in the field of education gained in
17 positions in addition to district level instructional and
18 administrative positions.
19 3. In developing the salary schedule, the district
20 school board shall seek input from parents, teachers, and
21 representatives of the business community.
22 4. Beginning with the 2002-2003 fiscal year, each
23 district school board must adopt a performance-pay policy for
24 school administrators and instructional personnel. The
25 district's performance-pay policy is subject to negotiation as
26 provided in chapter 447; however, the adopted salary schedule
27 must allow school administrators and instructional personnel
28 who demonstrate outstanding performance, as measured under s.
29 1012.34, to earn a 5-percent supplement in addition to their
30 individual, negotiated salary. The supplements shall be funded
31 from the performance-pay reserve funds adopted in the salary
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 schedule. Beginning with the 2004-2005 academic year, the
2 district's 5-percent performance-pay policy must provide for
3 the evaluation of classroom teachers within each level of the
4 salary career ladder provided in s. 1012.231. The Commissioner
5 of Education shall determine whether the district school
6 board's adopted policy and salary schedule complies with the
7 requirement for performance-based pay. If the district school
8 board fails to comply with this section, the commissioner may
9 shall withhold disbursements from the Educational Enhancement
10 Trust Fund to the district and take any other measure provided
11 by law necessary to ensure compliance until compliance is
12 verified.
13 5. Beginning with the 2007-2008 academic year, each
14 district school board shall adopt a salary schedule with
15 differentiated pay for both instructional personnel and
16 school-based administrators. The salary schedule is subject to
17 negotiation as provided in chapter 447 and must allow
18 differentiated pay based on district-determined factors,
19 including, but not limited to, additional responsibilities,
20 school demographics, critical shortage areas, and level of job
21 performance difficulties.
22 (h) Planning and training time for teachers.--The
23 district school board shall may adopt rules to make provisions
24 for teachers to have time for lunch, professional and some
25 planning, and professional development training time when they
26 will not be directly responsible for the children if, provided
27 that some adult supervision is shall be furnished for the
28 students during such periods.
29 (i) Comprehensive program of staff development.--The
30 district school board shall establish a comprehensive program
31 of staff development that incorporates school improvement
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 plans pursuant to s. 1001.42 and is aligned with principal
2 leadership training pursuant to s. 1012.985 as a part of the
3 plan.
4 (3) Annually provide to the Department of Education
5 the negotiated collective bargaining contract for the school
6 district and the salary and benefits for the personnel or
7 officers of any educator association which are paid by the
8 school district. The district school board shall report using
9 the computer format prescribed by the department pursuant to
10 s. 1012.21.
11 Section 56. Section 1012.2315, Florida Statutes, is
12 created to read:
13 1012.2315 Assignment of teachers.--
14 (1) LEGISLATIVE FINDINGS AND INTENT.--The Legislature
15 finds disparities between teachers assigned to teach in a
16 majority of "A" graded schools and teachers assigned to teach
17 in a majority of "F" graded schools. The disparities can be
18 found in the average years of experience, the median salary,
19 and the performance of the teachers on teacher certification
20 examinations. It is the intent of the Legislature that
21 district school boards have flexibility through the collective
22 bargaining process to assign teachers more equitably across
23 the schools in the district.
24 (2) ASSIGNMENT TO SCHOOLS GRADED "D" OR "F."--School
25 districts may not assign a higher percentage than the school
26 district average of first-time teachers, temporarily certified
27 teachers, teachers in need of improvement, or out-of-field
28 teachers to schools with above the school district average of
29 minority and economically disadvantaged students or schools
30 that are graded "D" or "F." Each school district shall
31 annually certify to the Commissioner of Education that this
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 requirement has been met. If the commissioner determines that
2 a school district is not in compliance with this subsection,
3 the State Board of Education shall be notified and shall take
4 action pursuant to s. 1008.32 in the next regularly scheduled
5 meeting to require compliance.
6 (3) SALARY INCENTIVES.--District school boards are
7 authorized to provide salary incentives to meet the
8 requirement of subsection (2). A district school board may not
9 sign a collective bargaining agreement that precludes the
10 school district from providing sufficient incentives to meet
11 this requirement.
12 (4) COLLECTIVE BARGAINING.--Notwithstanding provisions
13 of chapter 447 relating to district school board collective
14 bargaining, collective bargaining provisions may not preclude
15 a school district from providing incentives to high-quality
16 teachers and assigning such teachers to low-performing
17 schools.
18 Section 57. Subsection (2) of section 1012.27, Florida
19 Statutes, is amended to read:
20 1012.27 Public school personnel; powers and duties of
21 district school superintendent.--The district school
22 superintendent is responsible for directing the work of the
23 personnel, subject to the requirements of this chapter, and in
24 addition the district school superintendent shall perform the
25 following:
26 (2) COMPENSATION AND SALARY SCHEDULES.--Prepare and
27 recommend to the district school board for adoption a salary
28 schedule or salary schedules. The district school
29 superintendent must recommend a salary schedule for
30 instructional personnel which bases a portion of each
31 employee's compensation on performance demonstrated under s.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2048
Barcode 882544
1 1012.34. In developing the recommended salary schedule, the
2 district school superintendent shall include input from
3 parents, teachers, and representatives of the business
4 community. Beginning with the 2007-2008 2004-2005 academic
5 year, the recommended salary schedule for classroom teachers
6 shall be consistent with the district's differentiated-pay
7 policy career ladder based upon s. 1012.22 s. 1012.231.
8 Section 58. Subsection (6) of section 1012.28, Florida
9 Statutes, is amended to read:
10 1012.28 Public school personnel; duties of school
11 principals.--
12 (6) A school principal who fails to comply with this
13 section shall be ineligible for any portion of the performance
14 pay policy incentive under s. 1012.22 s.
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16 (Redesignate subsequent sections.)
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19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 9, lines 6-25, delete those lines
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23 and insert:
24 amending s. 1012.22, F.S.; requiring that each
25 school district adopt a differentiated-pay
26 policy meeting specified criteria; requiring
27 each district school board to annually provide
28 to the department its negotiated collective
29 bargaining contract and the salary and benefits
30 of certain personnel; creating s.
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