Florida Senate - 2018                                    SB 1324
       By Senator Mayfield
       17-01458A-18                                          20181324__
    1                        A bill to be entitled                      
    2         An act relating to instructional personnel and school
    3         administrator salary schedules; amending s. 1012.22,
    4         F.S.; removing a definition; authorizing a district
    5         school board to use an advanced degree in setting a
    6         salary schedule for specified employees; requiring
    7         each district school board to adopt a salary schedule
    8         for specified employees; authorizing, rather than
    9         requiring, a district school board to adopt a
   10         performance salary schedule; providing requirements
   11         for setting the base salary for specified personnel
   12         under the performance salary schedule; authorizing,
   13         rather than requiring, a district school board to
   14         provide for specified salary supplements; amending ss.
   15         24.121 and 1002.333, F.S.; conforming provisions to
   16         changes made by the act; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraph (c) of subsection (1) of section
   21  1012.22, Florida Statutes, is amended to read:
   22         1012.22 Public school personnel; powers and duties of the
   23  district school board.—The district school board shall:
   24         (1) Designate positions to be filled, prescribe
   25  qualifications for those positions, and provide for the
   26  appointment, compensation, promotion, suspension, and dismissal
   27  of employees as follows, subject to the requirements of this
   28  chapter:
   29         (c) Compensation and salary schedules.—
   30         1. Definitions.—As used in this paragraph:
   31         a. “Adjustment” means an addition to the base salary
   32  schedule that is not a bonus and becomes part of the employee’s
   33  permanent base salary and shall be considered compensation under
   34  s. 121.021(22).
   35         b.“Grandfathered salary schedule” means the salary
   36  schedule or schedules adopted by a district school board before
   37  July 1, 2014, pursuant to subparagraph 4.
   38         b.c. “Instructional personnel” means instructional
   39  personnel as defined in s. 1012.01(2)(a)-(d), excluding
   40  substitute teachers.
   41         c.d. “Performance salary schedule” means the salary
   42  schedule or schedules adopted by a district school board may
   43  adopt pursuant to subparagraph 5.
   44         d.e. “Salary schedule” means the schedule or schedules used
   45  to provide the base salary for district school board personnel.
   46         e.f. “School administrator” means a school administrator as
   47  defined in s. 1012.01(3)(c).
   48         f.g. “Supplement” means an annual addition to the base
   49  salary for the term of the negotiated supplement as long as the
   50  employee continues his or her employment for the purpose of the
   51  supplement. A supplement does not become part of the employee’s
   52  continuing base salary but shall be considered compensation
   53  under s. 121.021(22).
   54         2. Cost-of-living adjustment.—A district school board may
   55  provide a cost-of-living salary adjustment if the adjustment:
   56         a. Does not discriminate among comparable classes of
   57  employees based upon the salary schedule under which they are
   58  compensated.
   59         b. Does not exceed 50 percent of the annual adjustment
   60  provided to instructional personnel rated as effective.
   61         3. Advanced degrees.—A district school board may not use
   62  advanced degrees in setting a salary schedule for instructional
   63  personnel or school administrators hired on or after July 1,
   64  2011, unless the advanced degree is held in the individual’s
   65  area of certification and is only a salary supplement.
   66         4. Grandfathered Salary schedule.—
   67         a. The district school board shall adopt a salary schedule
   68  or salary schedules to be used as the basis for paying all
   69  school employees hired before July 1, 2014. If a school district
   70  adopts a performance salary schedule, Instructional personnel on
   71  annual contract as of July 1, 2014, shall be placed on the
   72  performance salary schedule adopted under subparagraph 5.
   73  instructional personnel on continuing contract or professional
   74  service contract may continue to use the salary schedule adopted
   75  before the performance salary schedule or, if the employee
   76  relinquishes such contract and agrees to be employed on an
   77  annual contract under s. 1012.335, opt into the performance
   78  salary schedule if the employee relinquishes such contract and
   79  agrees to be employed on an annual contract under s. 1012.335.
   80  Such an employee shall be placed on the performance salary
   81  schedule and may not return to continuing contract or
   82  professional service contract status. Any employee who opts into
   83  the performance salary schedule may not return to the
   84  grandfathered salary schedule under this sub-subparagraph.
   85         b. In determining the grandfathered salary schedule for
   86  instructional personnel, a district school board may must base a
   87  portion of each employee’s compensation upon performance
   88  demonstrated under s. 1012.34 and shall provide differentiated
   89  pay for both instructional personnel and school administrators
   90  based upon district-determined factors, including, but not
   91  limited to, additional responsibilities, school demographics,
   92  critical shortage areas, and level of job performance
   93  difficulties.
   94         5. Performance salary schedule.—A By July 1, 2014, the
   95  district school board may shall adopt a performance salary
   96  schedule that provides annual salary adjustments for
   97  instructional personnel and school administrators based upon
   98  performance determined under s. 1012.34. Employees hired on or
   99  after July 1, 2014, or employees who choose to move from the
  100  grandfathered salary schedule under sub-subparagraph 4. to the
  101  performance salary schedule shall be compensated pursuant to the
  102  performance salary schedule once they have received the
  103  appropriate performance evaluation for this purpose.
  104         a. Base salary.—For a district school board that adopts a
  105  performance salary schedule, The base salary shall be
  106  established as follows:
  107         (I) the base salary for instructional personnel and or
  108  school administrators who opt into the performance salary
  109  schedule shall be the salary paid in the prior year, including
  110  adjustments only.
  111         (II)Beginning July 1, 2014, instructional personnel or
  112  school administrators new to the district, returning to the
  113  district after a break in service without an authorized leave of
  114  absence, or appointed for the first time to a position in the
  115  district in the capacity of instructional personnel or school
  116  administrator shall be placed on the performance salary
  117  schedule.
  118         b. Salary adjustments.—For a district school board that
  119  adopts a performance salary schedule, salary adjustments for
  120  highly effective or effective performance shall be established
  121  as follows:
  122         (I) The annual salary adjustment under the performance
  123  salary schedule for an employee rated as highly effective must
  124  be greater than the highest annual salary adjustment available
  125  to an employee of the same classification through any other
  126  salary schedule adopted by the district.
  127         (II) The annual salary adjustment under the performance
  128  salary schedule for an employee rated as effective must be equal
  129  to at least 50 percent and no more than 75 percent of the annual
  130  adjustment provided for a highly effective employee of the same
  131  classification.
  132         (III) The performance salary schedule shall not provide an
  133  annual salary adjustment for an employee who receives a rating
  134  other than highly effective or effective for the year.
  135         c. Salary supplements.—In addition to the salary
  136  adjustments, each district school board may shall provide for
  137  salary supplements for activities that must include, but are not
  138  limited to:
  139         (I) Assignment to a Title I eligible school.
  140         (II) Assignment to a school that earned a grade of “F” or
  141  three consecutive grades of “D” pursuant to s. 1008.34 such that
  142  the supplement remains in force for at least 1 year following
  143  improved performance in that school.
  144         (III) Certification and teaching in critical teacher
  145  shortage areas. Statewide critical teacher shortage areas shall
  146  be identified by the State Board of Education under s. 1012.07.
  147  However, the district school board may identify other areas of
  148  critical shortage within the school district for purposes of
  149  this sub-sub-subparagraph and may remove areas identified by the
  150  state board which do not apply within the school district.
  151         (IV) Assignment of additional academic responsibilities.
  153  If budget constraints in any given year limit a district school
  154  board’s ability to fully fund all adopted salary schedules, a
  155  the performance salary schedule shall not be reduced on the
  156  basis of total cost or the value of individual awards in a
  157  manner that is proportionally greater than reductions to any
  158  other salary schedules adopted by the district.
  159         Section 2. Paragraph (d) of subsection (5) of section
  160  24.121, Florida Statutes, is amended to read:
  161         24.121 Allocation of revenues and expenditure of funds for
  162  public education.—
  163         (5)
  164         (d) No funds shall be released for any purpose from the
  165  Educational Enhancement Trust Fund to any school district in
  166  which one or more schools do not have an approved school
  167  improvement plan pursuant to s. 1001.42(18) or do not comply
  168  with school advisory council membership composition requirements
  169  pursuant to s. 1001.452(1). The Commissioner of Education shall
  170  withhold disbursements from the trust fund to any school
  171  district that fails to adopt the performance-based salary
  172  schedule authorized required by s. 1012.22(1).
  173         Section 3. Paragraph (b) of subsection (10) of section
  174  1002.333, Florida Statutes, is amended to read:
  175         1002.333 Persistently low-performing schools.—
  176         (10) SCHOOLS OF HOPE PROGRAM.—The Schools of Hope Program
  177  is created within the Department of Education.
  178         (b) A traditional public school that is required to submit
  179  a plan for implementation pursuant to s. 1008.33(4) is eligible
  180  to receive up to $2,000 per full-time equivalent student from
  181  the Schools of Hope Program based upon the strength of the
  182  school’s plan for implementation and its focus on evidence-based
  183  interventions that lead to student success by providing wrap
  184  around services that leverage community assets, improve school
  185  and community collaboration, and develop family and community
  186  partnerships. Wrap-around services include, but are not limited
  187  to, tutorial and after-school programs, student counseling,
  188  nutrition education, parental counseling, and adult education.
  189  Plans for implementation may also include models that develop a
  190  culture of attending college, high academic expectations,
  191  character development, dress codes, and an extended school day
  192  and school year. At a minimum, a plan for implementation must:
  193         1. Establish wrap-around services that develop family and
  194  community partnerships.
  195         2. Establish clearly defined and measurable high academic
  196  and character standards.
  197         3. Increase parental involvement and engagement in the
  198  child’s education.
  199         4. Describe how the school district will identify, recruit,
  200  retain, and reward instructional personnel. The state board may
  201  waive the requirements of s. 1012.22(1)(c)5., and suspend the
  202  requirements of s. 1012.34, to facilitate implementation of the
  203  plan.
  204         5. Identify a knowledge-rich curriculum that the school
  205  will use that focuses on developing a student’s background
  206  knowledge.
  207         6. Provide professional development that focuses on
  208  academic rigor, direct instruction, and creating high academic
  209  and character standards.
  210         Section 4. This act shall take effect July 1, 2018.