Florida Senate - 2020 SB 1602
By Senator Stewart
13-00587B-20 20201602__
1 A bill to be entitled
2 An act relating to school personnel salary
3 supplements; amending s. 1012.22, F.S.; requiring
4 district school boards to provide salary supplements
5 to instructional personnel who hold the degree of
6 Juris Doctor and teach law courses; providing an
7 effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (c) of subsection (1) of section
12 1012.22, Florida Statutes, is amended to read:
13 1012.22 Public school personnel; powers and duties of the
14 district school board.—The district school board shall:
15 (1) Designate positions to be filled, prescribe
16 qualifications for those positions, and provide for the
17 appointment, compensation, promotion, suspension, and dismissal
18 of employees as follows, subject to the requirements of this
19 chapter:
20 (c) Compensation and salary schedules.—
21 1. Definitions.—As used in this paragraph:
22 a. “Adjustment” means an addition to the base salary
23 schedule that is not a bonus and becomes part of the employee’s
24 permanent base salary and shall be considered compensation under
25 s. 121.021(22).
26 b. “Grandfathered salary schedule” means the salary
27 schedule or schedules adopted by a district school board before
28 July 1, 2014, pursuant to subparagraph 4.
29 c. “Instructional personnel” means instructional personnel
30 as defined in s. 1012.01(2)(a)-(d), excluding substitute
31 teachers.
32 d. “Performance salary schedule” means the salary schedule
33 or schedules adopted by a district school board pursuant to
34 subparagraph 5.
35 e. “Salary schedule” means the schedule or schedules used
36 to provide the base salary for district school board personnel.
37 f. “School administrator” means a school administrator as
38 defined in s. 1012.01(3)(c).
39 g. “Supplement” means an annual addition to the base salary
40 for the term of the negotiated supplement as long as the
41 employee continues his or her employment for the purpose of the
42 supplement. A supplement does not become part of the employee’s
43 continuing base salary but shall be considered compensation
44 under s. 121.021(22).
45 2. Cost-of-living adjustment.—A district school board may
46 provide a cost-of-living salary adjustment if the adjustment:
47 a. Does not discriminate among comparable classes of
48 employees based upon the salary schedule under which they are
49 compensated.
50 b. Does not exceed 50 percent of the annual adjustment
51 provided to instructional personnel rated as effective.
52 3. Advanced degrees.—A district school board may not use
53 advanced degrees in setting a salary schedule for instructional
54 personnel or school administrators hired on or after July 1,
55 2011, unless the advanced degree is held in the individual’s
56 area of certification and is only a salary supplement. For
57 purposes of this subparagraph, advanced degrees in law held by
58 instructional personnel shall count as advanced degrees for
59 social science area of certification, if such instructional
60 personnel teach law courses.
61 4. Grandfathered salary schedule.—
62 a. The district school board shall adopt a salary schedule
63 or salary schedules to be used as the basis for paying all
64 school employees hired before July 1, 2014. Instructional
65 personnel on annual contract as of July 1, 2014, shall be placed
66 on the performance salary schedule adopted under subparagraph 5.
67 Instructional personnel on continuing contract or professional
68 service contract may opt into the performance salary schedule if
69 the employee relinquishes such contract and agrees to be
70 employed on an annual contract under s. 1012.335. Such an
71 employee shall be placed on the performance salary schedule and
72 may not return to continuing contract or professional service
73 contract status. Any employee who opts into the performance
74 salary schedule may not return to the grandfathered salary
75 schedule.
76 b. In determining the grandfathered salary schedule for
77 instructional personnel, a district school board must base a
78 portion of each employee’s compensation upon performance
79 demonstrated under s. 1012.34 and shall provide differentiated
80 pay for both instructional personnel and school administrators
81 based upon district-determined factors, including, but not
82 limited to, additional responsibilities, school demographics,
83 critical shortage areas, and level of job performance
84 difficulties.
85 5. Performance salary schedule.—By July 1, 2014, the
86 district school board shall adopt a performance salary schedule
87 that provides annual salary adjustments for instructional
88 personnel and school administrators based upon performance
89 determined under s. 1012.34. Employees hired on or after July 1,
90 2014, or employees who choose to move from the grandfathered
91 salary schedule to the performance salary schedule shall be
92 compensated pursuant to the performance salary schedule once
93 they have received the appropriate performance evaluation for
94 this purpose.
95 a. Base salary.—The base salary shall be established as
96 follows:
97 (I) The base salary for instructional personnel or school
98 administrators who opt into the performance salary schedule
99 shall be the salary paid in the prior year, including
100 adjustments only.
101 (II) Beginning July 1, 2014, instructional personnel or
102 school administrators new to the district, returning to the
103 district after a break in service without an authorized leave of
104 absence, or appointed for the first time to a position in the
105 district in the capacity of instructional personnel or school
106 administrator shall be placed on the performance salary
107 schedule.
108 b. Salary adjustments.—Salary adjustments for highly
109 effective or effective performance shall be established as
110 follows:
111 (I) The annual salary adjustment under the performance
112 salary schedule for an employee rated as highly effective must
113 be greater than the highest annual salary adjustment available
114 to an employee of the same classification through any other
115 salary schedule adopted by the district.
116 (II) The annual salary adjustment under the performance
117 salary schedule for an employee rated as effective must be equal
118 to at least 50 percent and no more than 75 percent of the annual
119 adjustment provided for a highly effective employee of the same
120 classification.
121 (III) The performance salary schedule shall not provide an
122 annual salary adjustment for an employee who receives a rating
123 other than highly effective or effective for the year.
124 c. Salary supplements.—In addition to the salary
125 adjustments, each district school board shall provide for salary
126 supplements for activities that must include, but are not
127 limited to:
128 (I) Assignment to a Title I eligible school.
129 (II) Assignment to a school that earned a grade of “F” or
130 three consecutive grades of “D” pursuant to s. 1008.34 such that
131 the supplement remains in force for at least 1 year following
132 improved performance in that school.
133 (III) Certification and teaching in critical teacher
134 shortage areas. Statewide critical teacher shortage areas shall
135 be identified by the State Board of Education under s. 1012.07.
136 However, the district school board may identify other areas of
137 critical shortage within the school district for purposes of
138 this sub-sub-subparagraph and may remove areas identified by the
139 state board which do not apply within the school district.
140 (IV) Assignment of additional academic responsibilities.
141
142 If budget constraints in any given year limit a district school
143 board’s ability to fully fund all adopted salary schedules, the
144 performance salary schedule shall not be reduced on the basis of
145 total cost or the value of individual awards in a manner that is
146 proportionally greater than reductions to any other salary
147 schedules adopted by the district.
148 Section 2. This act shall take effect July 1, 2020.