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 superintendent Must 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, the
   88  district school superintendent Shall include input from parents,
   89  teachers, and representatives of the business community.
   90         3.Shall recommend a Beginning with the 2007-2008 academic
   91  year, the recommended salary schedule for classroom teachers
   92  shall be consistent 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