HB 5019C

1
A bill to be entitled
2An act relating to employee incentive programs for public
3school personnel; amending s. 1012.225, F.S., relating to
4the Merit Award Program for Instructional Personnel and
5School-Based Administrators; providing requirements for
6the appropriation, release, and distribution of funds;
7revising dates relating to administration of the program;
8amending s. 1012.72, F.S., relating to the Dale Hickam
9Excellent Teaching Program; providing for the proration of
10monetary incentives and bonuses for teaching excellence in
11certain circumstances; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (2) of section 1012.225, Florida
16Statutes, is amended to read:
17     1012.225  Merit Award Program for Instructional Personnel
18and School-Based Administrators.--
19     (2)  PAY SUPPLEMENTS STRUCTURE.--Merit Award Program plans
20shall provide for the annual disbursement of merit-based pay
21supplements to high-performing employees in the manner described
22in this subsection. Merit Award Program funds shall be
23appropriated in the General Appropriations Act that is effective
24on July 1 of the fiscal year in which the merit-based pay
25supplements are distributed pursuant to paragraph (a). These
26funds shall be released and distributed to eligible school
27districts on or before July 31 for distribution to eligible
28recipients by October 1 of that fiscal year.
29     (a)  Each Merit Award Program plan must designate the top
30instructional personnel and school-based administrators to be
31outstanding performers and pay to each such employee who remains
32employed by a Florida public school or who retired after
33qualifying for the award, by October September 1 of the
34following school year, a merit-based pay supplement of at least
355 percent of the average teacher's salary for that school
36district not to exceed 10 percent of the average teacher's
37salary for that school district. The amount of a merit award may
38not be based on length of service or base salary. Pay
39supplements shall be funded from moneys appropriated by the
40Legislature under this section and from any additional funds
41that are designated by the district for the Merit Award Program.
42School districts are not required to implement this section
43unless the program is specifically funded by the Legislature. By
44November October 1 of each year, each school district shall
45provide documentation to the Department of Education concerning
46the expenditure of legislative appropriations for merit-based
47pay, and shall refund undisbursed appropriations to the
48department. If such undisbursed funds are not remitted to the
49department by November 1, the department shall withhold an
50equivalent amount from the district's allocation of
51appropriations made under s. 1011.62.
52     (b)  A Merit Award Program plan may include additional pay
53supplements under this section for employees who manifest
54exemplary work attendance.
55     (c)  Merit-based pay supplements shall be awarded in
56addition to any general increase or other adjustments to
57salaries which are made by a school district. An employee's
58eligibility for or receipt of merit-based pay supplements shall
59not adversely affect that employee's opportunity to qualify for
60or to receive any other compensation that is made generally
61available to other similarly situated district school board
62employees.
63     Section 2.  Subsection (2) of section 1012.72, Florida
64Statutes, is amended to read:
65     1012.72  Dale Hickam Excellent Teaching Program.--
66     (2)  The Dale Hickam Excellent Teaching Program is created
67to provide categorical funding for monetary incentives and
68bonuses for teaching excellence. The Department of Education
69shall distribute to each school district or to the NBPTS an
70amount as prescribed annually by the Legislature for the Dale
71Hickam Excellent Teaching Program. If the appropriation is
72insufficient to fund the monetary incentives and bonuses as
73described in this subsection, such incentives and bonuses shall
74be prorated so that total program expenditures equal the
75appropriation. For purposes of this section, the Florida School
76for the Deaf and the Blind shall be considered a school
77district. Unless otherwise provided in the General
78Appropriations Act, each distribution shall be the sum of the
79amounts earned for the following incentives and bonuses:
80     (a)  A fee subsidy to be paid by the Department of
81Education to the NBPTS on behalf of each individual who is an
82employee of a district school board or a public school within
83the school district, who is certified by the district to have
84demonstrated satisfactory teaching performance pursuant to s.
851012.34 and who satisfies the prerequisites for participating in
86the NBPTS certification program, and who agrees, in writing, to
87pay 10 percent of the NBPTS participation fee and to participate
88in the NBPTS certification program during the school year for
89which the fee subsidy is provided. The fee subsidy for each
90eligible participant shall be an amount equal to 90 percent of
91the fee charged for participating in the NBPTS certification
92program. The fee subsidy is a one-time award and may not be
93duplicated for any individual.
94     (b)  A portfolio-preparation incentive of $150 paid by the
95Department of Education to each teacher employed by a district
96school board or a public school within a school district who is
97participating in the NBPTS certification program. The portfolio-
98preparation incentive is a one-time award paid during the school
99year for which the NBPTS fee subsidy is provided.
100     (c)  An annual bonus equal to 10 percent of the prior
101fiscal year's statewide average salary for classroom teachers to
102be distributed to the school district to be paid to each
103individual who holds NBPTS certification and is employed by the
104district school board or by a public school within the school
105district. The district school board shall distribute the annual
106bonus to each individual who meets the requirements of this
107paragraph and who is certified annually by the district to have
108demonstrated satisfactory teaching performance pursuant to s.
1091012.34. The annual bonus may be paid as a single payment or
110divided into not more than three payments.
111     (d)  An annual bonus equal to 10 percent of the prior
112fiscal year's statewide average salary for classroom teachers to
113be distributed to the school district to be paid to each
114individual who meets the requirements of paragraph (c) and
115agrees, in writing, to provide the equivalent of 12 workdays of
116mentoring and related services to public school teachers within
117the state who do not hold NBPTS certification. Related services
118must include instruction in helping teachers work more
119effectively with the families of their students. The district
120school board shall distribute the annual bonus in a single
121payment following the completion of all required mentoring and
122related services for the year. It is not the intent of the
123Legislature to remove excellent teachers from their assigned
124classrooms; therefore, credit may not be granted by a school
125district or public school for mentoring or related services
126provided during student contact time during the 196 days of
127required service for the school year.
128     (e)  The employer's share of social security and Medicare
129taxes and Florida Retirement System contributions for those
130teachers who qualify for NBPTS certification and receive bonus
131amounts.
132
133A teacher for whom the state pays the certification fee and who
134does not complete the certification program or does not teach in
135a public school of this state for at least 1 year after
136completing the certification program must repay the amount of
137the certification fee to the state. However, a teacher who
138completes the certification program but fails to be awarded
139NBPTS certification is not required to repay the amount of the
140certification fee if the teacher meets the 1-year teaching
141requirement. Repayment is not required of a teacher who does not
142complete the certification program or fails to fulfill the
143teaching requirement because of the teacher's death or
144disability or because of other extenuating circumstances as
145determined by the State Board of Education.
146     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.