Florida Senate - 2009 CS for SB 2466 By the Committee on Education Pre-K - 12; and Senator Villalobos 581-03930-09 20092466c1 1 A bill to be entitled 2 An act relating to school districts; amending s. 3 1012.22, F.S.; requiring that each district school 4 board adopt the district school superintendent’s 5 recommendations relating to compensation and salary 6 schedules unless 66 percent of the district school 7 board members vote to reject such recommendations; 8 amending s. 1012.27, F.S.; revising provisions 9 relating to the district school superintendent’s duty 10 to prepare and recommend salary schedules for adoption 11 by the district school board; prohibiting the school 12 superintendent from recommending an increase in salary 13 schedules of administrative personnel or managers if 14 the salary schedules of instructional personnel and 15 educational support employees have not been increased; 16 requiring that the school superintendent review the 17 salary schedules of all administrative personnel and 18 managers to ensure that no person is paid in excess of 19 twice the district’s average salary of classroom 20 teachers for the prior academic year; requiring that 21 the school superintendent recommend corrective action 22 to address any pay disparity; providing for 23 severability; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Paragraph (c) of subsection (1) of section 28 1012.22, Florida Statutes, is amended to read: 29 1012.22 Public school personnel; powers and duties of the 30 district school board.—The district school board shall: 31 (1) Designate positions to be filled, prescribe 32 qualifications for those positions, and provide for the 33 appointment, compensation, promotion, suspension, and dismissal 34 of employees as follows, subject to the requirements of this 35 chapter: 36 (c) Compensation and salary schedules.— 37 1. The district school board shall adopt a salary schedule 38 or salary schedules designed to furnish incentives for 39 improvement in training and for continued efficient service to 40 be used as a basis for paying all school employees and fix and 41 authorize the compensation of school employees on the basis 42 thereof. 43 2. A district school board, in determining the salary 44 schedule for instructional personnel, must base a portion of 45 each employee’s compensation on performance demonstrated under 46 s. 1012.34, must consider the prior teaching experience of a 47 person who has been designated state teacher of the year by any 48 state in the United States, and must consider prior professional 49 experience in the field of education gained in positions in 50 addition to district level instructional and administrative 51 positions. 52 3. In developing the salary schedule, the district school 53 board shall seek input from parents, teachers, and 54 representatives of the business community. 55 4. Beginning with the 2007-2008 academic year, each 56 district school board shall adopt a salary schedule with 57 differentiated pay for both instructional personnel and school 58 based administrators. The salary schedule is subject to 59 negotiation as provided in chapter 447 and must allow 60 differentiated pay based on district-determined factors, 61 including, but not limited to, additional responsibilities, 62 school demographics, critical shortage areas, and level of job 63 performance difficulties. 64 5. Beginning with the 2009-2010 academic year, each 65 district school board shall adopt the district school 66 superintendent’s recommendations relating to the compensation 67 and salary schedules pursuant to s. 1012.27(2) unless 66 percent 68 of the district school board members vote to reject such 69 recommendations. 70 Section 2. Subsection (2) of section 1012.27, Florida 71 Statutes, is amended to read: 72 1012.27 Public school personnel; powers and duties of 73 district school superintendent.—The district school 74 superintendent is responsible for directing the work of the 75 personnel, subject to the requirements of this chapter, and in 76 addition the district school superintendent shall perform the 77 following: 78 (2) COMPENSATION AND SALARY SCHEDULES.— 79 (a) Prepare and recommend to the district school board for 80 adoption a salary schedule or salary schedules. 81 (b) In developing or recommending a salary schedule or 82 salary schedules, the district school superintendent: 83 1.The district school superintendentMust recommend a 84 salary schedule for instructional personnel which bases a 85 portion of each employee’s compensation on performance 86 demonstrated under s. 1012.34. 87 2.In developing the recommended salary schedule, the88district school superintendentShall include input from parents, 89 teachers, and representatives of the business community. 90 3. Shall recommend aBeginning with the 2007-2008 academic91year, the recommendedsalary schedule for classroom teachers 92shall beconsistent with the district’s differentiated-pay 93 policy based upon s. 1012.22. 94 4. Beginning with the 2009-2010 academic year, shall 95 recommend increases to the salary schedules of administrative 96 personnel or managers only if the salary schedules of 97 instructional personnel, as defined in s. 1012.01(2), and 98 educational support employees, as defined in s. 1012.01(6), have 99 also been increased, before or at the same time as the proposed 100 salary increases for administrative personnel or managers, by a 101 percentage greater than that proposed for any of the 102 administrative personnel or managers. 103 5. Beginning with the 2009-2010 academic year, shall review 104 the salary schedules of all administrative personnel and manager 105 positions and ensure that no person is paid in excess of twice 106 the district’s average salary of classroom teachers for the 107 prior academic year. If the school superintendent finds that a 108 person is receiving more than twice the district’s average 109 salary of classroom teachers for the prior academic year, the 110 school superintendent shall recommend corrective action to 111 address the pay disparity by reducing the administrative 112 personnel or manager salary or commensurately increasing the 113 salary schedule and salaries of classroom teachers. 114 Section 3. If any provision of this act or its application 115 to any person or circumstance is held invalid, the invalidity 116 does not affect other provisions or applications of the act 117 which can be given effect without the invalid provision or 118 application, and to this end the provisions of this act are 119 severable. 120 Section 4. This act shall take effect July 1, 2009. 121