Florida Senate - 2013 SB 1364 By Senator Thompson 12-01482-13 20131364__ 1 A bill to be entitled 2 An act relating to public school personnel; amending 3 s. 1012.22, F.S.; authorizing additional criteria for 4 the use of advanced degrees in setting salary 5 schedules; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Paragraph (c) of subsection (1) of section 10 1012.22, Florida Statutes, is amended to read: 11 1012.22 Public school personnel; powers and duties of the 12 district school board.—The district school board shall: 13 (1) Designate positions to be filled, prescribe 14 qualifications for those positions, and provide for the 15 appointment, compensation, promotion, suspension, and dismissal 16 of employees as follows, subject to the requirements of this 17 chapter: 18 (c) Compensation and salary schedules.— 19 1. Definitions.—As used in this paragraph: 20 a. “Adjustment” means an addition to the base salary 21 schedule that is not a bonus and becomes part of the employee’s 22 permanent base salary and shall be considered compensation under 23 s. 121.021(22). 24 b. “Grandfathered salary schedule” means the salary 25 schedule or schedules adopted by a district school board before 26 July 1, 2014, pursuant to subparagraph 4. 27 c. “Instructional personnel” means instructional personnel 28 as defined in s. 1012.01(2)(a)-(d), excluding substitute 29 teachers. 30 d. “Performance salary schedule” means the salary schedule 31 or schedules adopted by a district school board pursuant to 32 subparagraph 5. 33 e. “Salary schedule” means the schedule or schedules used 34 to provide the base salary for district school board personnel. 35 f. “School administrator” means a school administrator as 36 defined in s. 1012.01(3)(c). 37 g. “Supplement” means an annual addition to the base salary 38 for the term of the negotiated supplement as long as the 39 employee continues his or her employment for the purpose of the 40 supplement. A supplement does not become part of the employee’s 41 continuing base salary but shall be considered compensation 42 under s. 121.021(22). 43 2. Cost-of-living adjustment.—A district school board may 44 provide a cost-of-living salary adjustment if the adjustment: 45 a. Does not discriminate among comparable classes of 46 employees based upon the salary schedule under which they are 47 compensated. 48 b. Does not exceed 50 percent of the annual adjustment 49 provided to instructional personnel rated as effective. 50 3. Advanced degrees.—A district school board may not use 51 advanced degrees in setting a salary schedule for instructional 52 personnel or school administrators hired on or after July 1, 53 2011, unless the advanced degree: 54 a. Is held in the individual’s area of certification; 55 b. Is in the subject area that the individual is currently 56 teaching; or 57 c. Is identified by the school district as having 58 application that is relevant to school-based learning. 59 60 An advanced degree may be used only for purposes ofand is only61 a salary supplement. 62 4. Grandfathered salary schedule.— 63 a. The district school board shall adopt a salary schedule 64 or salary schedules to be used as the basis for paying all 65 school employees hired before July 1, 2014. Instructional 66 personnel on annual contract as of July 1, 2014, shall be placed 67 on the performance salary schedule adopted under subparagraph 5. 68 Instructional personnel on continuing contract or professional 69 service contract may opt into the performance salary schedule if 70 the employee relinquishes such contract and agrees to be 71 employed on an annual contract under s. 1012.335. Such an 72 employee shall be placed on the performance salary schedule and 73 may not return to continuing contract or professional service 74 contract status. Any employee who opts into the performance 75 salary schedule may not return to the grandfathered salary 76 schedule. 77 b. In determining the grandfathered salary schedule for 78 instructional personnel, a district school board must base a 79 portion of each employee’s compensation upon performance 80 demonstrated under s. 1012.34 and shall provide differentiated 81 pay for both instructional personnel and school administrators 82 based upon district-determined factors, including, but not 83 limited to, additional responsibilities, school demographics, 84 critical shortage areas, and level of job performance 85 difficulties. 86 5. Performance salary schedule.—By July 1, 2014, the 87 district school board shall adopt a performance salary schedule 88 that provides annual salary adjustments for instructional 89 personnel and school administrators based upon performance 90 determined under s. 1012.34. Employees hired on or after July 1, 91 2014, or employees who choose to move from the grandfathered 92 salary schedule to the performance salary schedule shall be 93 compensated pursuant to the performance salary schedule once 94 they have received the appropriate performance evaluation for 95 this purpose. However, a classroom teacher whose performance 96 evaluation utilizes student learning growth measures established 97 under s. 1012.34(7)(e) shall remain under the grandfathered 98 salary schedule until his or her teaching assignment changes to 99 a subject for which there is an assessment or the school 100 district establishes equally appropriate measures of student 101 learning growth as defined under s. 1012.34 and rules of the 102 State Board of Education. 103 a. Base salary.—The base salary shall be established as 104 follows: 105 (I) The base salary for instructional personnel or school 106 administrators who opt into the performance salary schedule 107 shall be the salary paid in the prior year, including 108 adjustments only. 109 (II) Beginning July 1, 2014, instructional personnel or 110 school administrators new to the district, returning to the 111 district after a break in service without an authorized leave of 112 absence, or appointed for the first time to a position in the 113 district in the capacity of instructional personnel or school 114 administrator shall be placed on the performance salary 115 schedule. 116 b. Salary adjustments.—Salary adjustments for highly 117 effective or effective performance shall be established as 118 follows: 119 (I) The annual salary adjustment under the performance 120 salary schedule for an employee rated as highly effective must 121 be greater than the highest annual salary adjustment available 122 to an employee of the same classification through any other 123 salary schedule adopted by the district. 124 (II) The annual salary adjustment under the performance 125 salary schedule for an employee rated as effective must be equal 126 to at least 50 percent and no more than 75 percent of the annual 127 adjustment provided for a highly effective employee of the same 128 classification. 129 (III) The performance salary schedule shall not provide an 130 annual salary adjustment for an employee who receives a rating 131 other than highly effective or effective for the year. 132 c. Salary supplements.—In addition to the salary 133 adjustments, each district school board shall provide for salary 134 supplements for activities that must include, but are not 135 limited to: 136 (I) Assignment to a Title I eligible school. 137 (II) Assignment to a school that earned a grade of “F” or 138 three consecutive grades of “D” pursuant to s. 1008.34 such that 139 the supplement remains in force for at least 1 year following 140 improved performance in that school. 141 (III) Certification and teaching in critical teacher 142 shortage areas. Statewide critical teacher shortage areas shall 143 be identified by the State Board of Education under s. 1012.07. 144 However, the district school board may identify other areas of 145 critical shortage within the school district for purposes of 146 this sub-sub-subparagraph and may remove areas identified by the 147 state board which do not apply within the school district. 148 (IV) Assignment of additional academic responsibilities. 149 150 If budget constraints in any given year limit a district school 151 board’s ability to fully fund all adopted salary schedules, the 152 performance salary schedule shall not be reduced on the basis of 153 total cost or the value of individual awards in a manner that is 154 proportionally greater than reductions to any other salary 155 schedules adopted by the district. 156 Section 2. This act shall take effect July 1, 2013.