Florida Senate - 2021                                    SB 1610
       By Senator Jones
       35-01556-21                                           20211610__
    1                        A bill to be entitled                      
    2         An act relating to school administrator and
    3         instructional personnel salaries; amending s. 1011.62,
    4         F.S.; revising the teacher salary increase allocation
    5         to include additional specified instructional
    6         personnel; conforming provisions to changes made by
    7         the act; amending s. 1012.01, F.S.; revising
    8         definitions; amending s. 1012.22, F.S.; deleting
    9         definitions of the terms “grandfathered salary
   10         schedule” and “performance salary schedule”;
   11         authorizing, rather than requiring, district school
   12         boards to provide salary adjustments related to
   13         performance for certain personnel; conforming
   14         provisions and cross-references to changes made by the
   15         act; amending ss. 24.121, 1006.09, and 1012.28, F.S.;
   16         conforming provisions to changes made by the act;
   17         providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraph (f) of subsection (1) and subsections
   22  (11) and (18) of section 1011.62, Florida Statutes, are amended
   23  to read:
   24         1011.62 Funds for operation of schools.—If the annual
   25  allocation from the Florida Education Finance Program to each
   26  district for operation of schools is not determined in the
   27  annual appropriations act or the substantive bill implementing
   28  the annual appropriations act, it shall be determined as
   29  follows:
   31  OPERATION.—The following procedure shall be followed in
   32  determining the annual allocation to each district for
   33  operation:
   34         (f) Supplemental academic instruction allocation.—
   35         1. There is created the supplemental academic instruction
   36  allocation to provide supplemental academic instruction to
   37  students in kindergarten through grade 12.
   38         2. The supplemental academic instruction allocation shall
   39  be provided annually in the Florida Education Finance Program as
   40  specified in the General Appropriations Act. These funds are in
   41  addition to the funds appropriated on the basis of FTE student
   42  membership in the Florida Education Finance Program and shall be
   43  included in the total potential funds of each district.
   44  Beginning with the 2018-2019 fiscal year, each school district
   45  that has a school earning a grade of “D” or “F” pursuant to s.
   46  1008.34 must use that school’s portion of the supplemental
   47  academic instruction allocation to implement intervention and
   48  support strategies for school improvement pursuant to s. 1008.33
   49  and for salary incentives pursuant to s. 1012.2315(3) or salary
   50  supplements pursuant to s. 1012.22(1)(c)5.c. that are provided
   51  through a memorandum of understanding between the collective
   52  bargaining agent and the school board that addresses the
   53  selection, placement, and expectations of instructional
   54  personnel and school administrators. Each school district that
   55  has one or more of the 300 lowest-performing elementary schools
   56  based on a 3-year average of the state reading assessment data
   57  must use that school’s portion of the allocation to provide an
   58  additional hour per day of intensive reading for the students in
   59  the school. The additional hour may be provided within the
   60  school day. Students enrolled in these schools who earned a
   61  level 4 or level 5 score on the statewide, standardized English
   62  Language Arts assessment for the previous school year may
   63  participate in the extra hour of instruction. For all other
   64  schools, the school district’s use of the supplemental academic
   65  instruction allocation may include, but is not limited to, the
   66  use of a modified curriculum, reading instruction, after-school
   67  instruction, tutoring, mentoring, a reduction in class size,
   68  extended school year, intensive skills development in summer
   69  school, dropout prevention programs as defined in ss. 1003.52
   70  and 1003.53(1)(a), (b), and (c), and other methods of improving
   71  student achievement. Supplemental academic instruction may be
   72  provided to a student in any manner and at any time during or
   73  beyond the regular 180-day term identified by the school as
   74  being the most effective and efficient way to best help that
   75  student progress from grade to grade and to graduate.
   76         3. The supplemental academic instruction allocation shall
   77  consist of a base amount that has a workload adjustment based on
   78  changes in unweighted FTE. The supplemental academic instruction
   79  allocation shall be recalculated during the fiscal year. Upon
   80  recalculation of funding for the supplemental academic
   81  instruction allocation, if the total allocation is greater than
   82  the amount provided in the General Appropriations Act, the
   83  allocation shall be prorated to the level provided to support
   84  the appropriation, based on each district’s share of the total.
   85         4. Funding on the basis of FTE membership beyond the 180
   86  day regular term shall be provided in the FEFP only for students
   87  enrolled in juvenile justice education programs or in education
   88  programs for juveniles placed in secure facilities or programs
   89  under s. 985.19. Funding for instruction beyond the regular 180
   90  day school year for all other K-12 students shall be provided
   91  through the supplemental academic instruction allocation and
   92  other state, federal, and local fund sources with ample
   93  flexibility for schools to provide supplemental instruction to
   94  assist students in progressing from grade to grade and
   95  graduating.
   96         (11) VIRTUAL EDUCATION CONTRIBUTION.—The Legislature may
   97  annually provide in the Florida Education Finance Program a
   98  virtual education contribution. The amount of the virtual
   99  education contribution shall be the difference between the
  100  amount per FTE established in the General Appropriations Act for
  101  virtual education and the amount per FTE for each district and
  102  the Florida Virtual School, which may be calculated by taking
  103  the sum of the base FEFP allocation, the discretionary local
  104  effort, the state-funded discretionary contribution, the
  105  discretionary millage compression supplement, the research-based
  106  reading instruction allocation, the instructional personnel
  107  teacher salary increase allocation, and the instructional
  108  materials allocation, and then dividing by the total unweighted
  109  FTE. This difference shall be multiplied by the virtual
  110  education unweighted FTE for programs and options identified in
  111  s. 1002.455 and the Florida Virtual School and its franchises to
  112  equal the virtual education contribution and shall be included
  113  as a separate allocation in the funding formula.
  115  ALLOCATION.—The Legislature may annually provide in the Florida
  116  Education Finance Program an instructional personnel a teacher
  117  salary increase allocation to assist school districts in their
  118  recruitment and retention of classroom teachers and other
  119  instructional personnel. The amount of the allocation shall be
  120  specified in the General Appropriations Act.
  121         (a) Each school district shall receive an allocation based
  122  on the school district’s proportionate share of the base FEFP
  123  allocation. Each school district shall provide each charter
  124  school within its district its proportionate share calculated
  125  pursuant to s. 1002.33(17)(b).
  126         (b) Allocation funds are restricted in use as follows:
  127         1. Each school district and charter school shall use its
  128  share of the allocation to increase the minimum base salary for
  129  full-time instructional personnel classroom teachers, as defined
  130  in s. 1012.01(2)(a)-(d) s. 1012.01(2)(a), plus certified
  131  prekindergarten teachers funded in the Florida Education Finance
  132  Program, to at least $47,500, or to the maximum amount
  133  achievable based on the allocation through collective
  134  bargaining, and as specified in the General Appropriations Act.
  135  The term “minimum base salary” means the lowest annual base
  136  salary reported on the salary schedule for a full-time
  137  instructional personnel classroom teacher. No full-time
  138  instructional personnel classroom teacher shall receive a salary
  139  less than the minimum base salary as adjusted by this
  140  subparagraph. This subparagraph does not apply to substitute
  141  teachers.
  142         2. In addition, each school district shall use its share of
  143  the allocation to provide salary increases, as funding permits,
  144  for the following personnel:
  145         a.Full-time classroom teachers, as defined in s.
  146  1012.01(2)(a), plus certified prekindergarten teachers funded in
  147  the Florida Education Finance Program, who did not receive an
  148  increase or who received an increase of less than 2 percent
  149  under subparagraph 1. or as specified in the General
  150  Appropriations Act. This subparagraph does not apply to
  151  substitute teachers.
  152         b.Other full-time instructional personnel as defined in s.
  153  1012.01(2)(b)-(d).
  154         3.A school district or charter school may use funds
  155  available after the requirements of subparagraph 1. are met to
  156  provide salary increases pursuant to subparagraph 2.
  157         4. A school district or charter school shall maintain the
  158  minimum base salary achieved for instructional personnel
  159  classroom teachers provided under subparagraph 1. and may not
  160  reduce the salary increases provided under subparagraph 2. in
  161  any subsequent fiscal year, unless specifically authorized in
  162  the General Appropriations Act.
  163         (c) Before distributing allocation funds received pursuant
  164  to paragraph (a), each school district and each charter school
  165  shall develop a salary distribution plan that clearly delineates
  166  the planned distribution of funds pursuant to paragraph (b) in
  167  accordance with modified salary schedules, as necessary, for the
  168  implementation of this subsection.
  169         1. Each school district superintendent and each charter
  170  school administrator must submit its proposed salary
  171  distribution plan to the district school board or the charter
  172  school governing body, as appropriate, for approval.
  173         2. Each school district shall submit the approved district
  174  salary distribution plan, along with the approved salary
  175  distribution plan for each charter school in the district, to
  176  the department by October 1 of each fiscal year.
  177         (d) In a format specified by the department, provide as
  178  follows:
  179         1. By December 1, each school district shall provide a
  180  preliminary report to the department that includes a detailed
  181  summary explaining the school district’s planned expenditure of
  182  the entire allocation for the district received pursuant to
  183  paragraph (a), the amount of the increase to the minimum base
  184  salary for instructional personnel classroom teachers pursuant
  185  to paragraph (b), and the school district’s salary schedule for
  186  the prior fiscal year and the fiscal year in which the base
  187  salary is increased. Each charter school governing board shall
  188  submit the information required under this subparagraph to the
  189  district school board for inclusion in the school district’s
  190  preliminary report to the department.
  191         2. By February 1, the department shall submit to the
  192  Governor, the President of the Senate, and the Speaker of the
  193  House of Representatives a statewide report on the planned
  194  expenditure of the instructional personnel teacher salary
  195  increase allocation, which includes the detailed summary
  196  provided by each school district and charter school.
  197         3. By August 1, each school district shall provide a final
  198  report to the department with the information required in
  199  subparagraph 1. for the prior fiscal year. Each charter school
  200  governing board shall submit the information required under this
  201  subparagraph to the district school board for inclusion in the
  202  school district’s final report to the department.
  203         (e) Although district school boards and charter school
  204  governing boards are not precluded from bargaining over wages,
  205  the instructional personnel teacher salary increase allocation
  206  must be used solely to comply with the requirements of this
  207  section. A district school board or charter school governing
  208  board that is unable to meet the reporting requirements
  209  specified in paragraph (c) or paragraph (d) due to a collective
  210  bargaining impasse must provide written notification to the
  211  department or the district school board, as applicable,
  212  detailing the reasons for the impasse with a proposed timeline
  213  and details for a resolution.
  214         (f) Notwithstanding any other provision of law, funds
  215  allocated under this subsection shall not be included in the
  216  calculated amount for any scholarship awarded under chapter
  217  1002.
  218         Section 2. Subsection (2) of section 1012.01, Florida
  219  Statutes, is amended to read:
  220         1012.01 Definitions.—As used in this chapter, the following
  221  terms have the following meanings:
  222         (2) INSTRUCTIONAL PERSONNEL.—“Instructional personnel”
  223  means any prekindergarten or K-12 staff member whose function
  224  includes the provision of direct instructional services to
  225  students. Instructional personnel also includes prekindergarten
  226  or K-12 personnel whose functions provide direct support in the
  227  learning process of students. Included in the classification of
  228  instructional personnel are the following prekindergarten or K
  229  12 personnel:
  230         (a) Classroom teachers.—Classroom teachers are staff
  231  members assigned the professional activity of instructing
  232  students in courses in classroom situations, including basic
  233  instruction, exceptional student education, career education,
  234  and adult education, and certified prekindergarten, including
  235  substitute teachers.
  236         (b) Student personnel services.—Student personnel services
  237  include staff members responsible for: advising students with
  238  regard to their abilities and aptitudes, educational and
  239  occupational opportunities, and personal and social adjustments;
  240  providing placement services; performing educational
  241  evaluations; and similar functions. Included in this
  242  classification are certified school counselors, social workers,
  243  career specialists, and school psychologists.
  244         (c) Librarians/media specialists.—Librarians/media
  245  specialists are staff members responsible for providing school
  246  library media services. These employees are responsible for
  247  evaluating, selecting, organizing, and managing media and
  248  technology resources, equipment, and related systems;
  249  facilitating access to information resources beyond the school;
  250  working with teachers to make resources available in the
  251  instructional programs; assisting teachers and students in media
  252  productions; and instructing students in the location and use of
  253  information resources.
  254         (d) Other instructional staff.—Other instructional staff
  255  are staff members who are part of the instructional staff but
  256  are not classified in one of the categories specified in
  257  paragraphs (a)-(c). Included in this classification are primary
  258  specialists, learning resource specialists, instructional
  259  trainers, adjunct educators certified pursuant to s. 1012.57,
  260  and similar positions.
  261         (e) Education paraprofessionals.—Education
  262  paraprofessionals are individuals who are under the direct
  263  supervision of an instructional staff member, aiding the
  264  instructional process. Included in this classification are
  265  classroom paraprofessionals in regular instruction, exceptional
  266  education paraprofessionals, career education paraprofessionals,
  267  adult education paraprofessionals, library paraprofessionals,
  268  physical education and playground paraprofessionals, and other
  269  school-level paraprofessionals.
  270         Section 3. Paragraph (c) of subsection (1) of section
  271  1012.22, Florida Statutes, is amended to read:
  272         1012.22 Public school personnel; powers and duties of the
  273  district school board.—The district school board shall:
  274         (1) Designate positions to be filled, prescribe
  275  qualifications for those positions, and provide for the
  276  appointment, compensation, promotion, suspension, and dismissal
  277  of employees as follows, subject to the requirements of this
  278  chapter:
  279         (c) Compensation and salary schedules.—
  280         1. Definitions.—As used in this paragraph:
  281         a. “Adjustment” means an addition to the base salary
  282  schedule that is not a bonus and becomes part of the employee’s
  283  permanent base salary and shall be considered compensation under
  284  s. 121.021(22).
  285         b. “Grandfathered salary schedule” means the salary
  286  schedule or schedules adopted by a district school board before
  287  July 1, 2014, pursuant to subparagraph 4.
  288         c. “Instructional personnel” means instructional personnel
  289  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  290  teachers.
  291         d.“Performance salary schedule” means the salary schedule
  292  or schedules adopted by a district school board pursuant to
  293  subparagraph 5.
  294         c.e. “Salary schedule” means the schedule or schedules used
  295  to provide the base salary for district school board personnel.
  296         d.f. “School administrator” means a school administrator as
  297  defined in s. 1012.01(3)(c).
  298         e.g. “Supplement” means an annual addition to the base
  299  salary for the term of the negotiated supplement as long as the
  300  employee continues his or her employment for the purpose of the
  301  supplement. A supplement does not become part of the employee’s
  302  continuing base salary but shall be considered compensation
  303  under s. 121.021(22).
  304         2. Cost-of-living adjustment.—A district school board may
  305  provide a cost-of-living salary adjustment if the adjustment:
  306         a. does not discriminate among comparable classes of
  307  employees based upon the salary schedule under which they are
  308  compensated.
  309         b.Does not exceed 50 percent of the annual adjustment
  310  provided to instructional personnel rated as effective.
  311         3. Advanced degrees.—A district school board may not use
  312  advanced degrees in setting a salary schedule for instructional
  313  personnel or school administrators hired on or after July 1,
  314  2011, unless the advanced degree is held in the individual’s
  315  area of certification and is only a salary supplement.
  316         4. Grandfathered Salary schedule.—
  317         a. The district school board shall adopt a salary schedule
  318  or salary schedules to be used as the basis for paying all
  319  school employees hired before July 1, 2014. Instructional
  320  personnel on annual contract as of July 1, 2014, shall be placed
  321  on the performance salary schedule adopted under subparagraph 5.
  322  Instructional personnel on continuing contract or professional
  323  service contract may opt into the performance salary schedule if
  324  the employee relinquishes such contract and agrees to be
  325  employed on an annual contract under s. 1012.335. Such an
  326  employee shall be placed on the performance salary schedule and
  327  may not return to continuing contract or professional service
  328  contract status. Any employee who opts into the performance
  329  salary schedule may not return to the grandfathered salary
  330  schedule.
  331         b. In determining the grandfathered salary schedule for
  332  instructional personnel, a district school board may must base a
  333  portion of each employee’s compensation upon performance
  334  demonstrated under s. 1012.34 and shall provide differentiated
  335  pay for both instructional personnel and school administrators
  336  based upon district-determined factors, including, but not
  337  limited to, additional responsibilities, school demographics,
  338  critical shortage areas, and level of job performance
  339  difficulties.
  340         5. Performance salary schedule.—By July 1, 2014, the
  341  district school board shall adopt a performance salary schedule
  342  that provides annual salary adjustments for instructional
  343  personnel and school administrators based upon performance
  344  determined under s. 1012.34. Employees hired on or after July 1,
  345  2014, or employees who choose to move from the grandfathered
  346  salary schedule to the performance salary schedule shall be
  347  compensated pursuant to the performance salary schedule once
  348  they have received the appropriate performance evaluation for
  349  this purpose.
  350         a. Base salary.—The base salary shall be established as
  351  follows:
  352         (I) The base salary for instructional personnel or school
  353  administrators who opt into the performance salary schedule
  354  shall be the salary paid in the prior year, including
  355  adjustments only.
  356         (II) Beginning July 1, 2014, instructional personnel or
  357  school administrators new to the district, returning to the
  358  district after a break in service without an authorized leave of
  359  absence, or appointed for the first time to a position in the
  360  district in the capacity of instructional personnel or school
  361  administrator shall be placed on the performance salary
  362  schedule.
  363         b. Salary adjustments.—A district school board may provide
  364  salary adjustments for highly effective or effective performance
  365  shall be established as follows:
  366         (I) The annual salary adjustment under the performance
  367  salary schedule for an employee rated as highly effective must
  368  be greater than the highest annual salary adjustment available
  369  to an employee of the same classification through any other
  370  salary schedule adopted by the district.
  371         (II) The annual salary adjustment under the performance
  372  salary schedule for an employee rated as effective must be equal
  373  to at least 50 percent and no more than 75 percent of the annual
  374  adjustment provided for a highly effective employee of the same
  375  classification.
  376         (III) The performance salary schedule shall not provide an
  377  annual salary adjustment for an employee who receives a rating
  378  other than highly effective or effective for the year.
  379         6.c. Salary supplements.—In addition to the salary
  380  adjustments, each district school board shall provide for salary
  381  supplements for activities that must include, but are not
  382  limited to:
  383         a.(I) Assignment to a Title I eligible school.
  384         b.(II) Assignment to a school that earned a grade of “F” or
  385  three consecutive grades of “D” pursuant to s. 1008.34 such that
  386  the supplement remains in force for at least 1 year following
  387  improved performance in that school.
  388         c.(III) Certification and teaching in critical teacher
  389  shortage areas. Statewide critical teacher shortage areas shall
  390  be identified by the State Board of Education under s. 1012.07.
  391  However, the district school board may identify other areas of
  392  critical shortage within the school district for purposes of
  393  this sub-subparagraph sub-sub-subparagraph and may remove areas
  394  identified by the state board which do not apply within the
  395  school district.
  396         d.(IV) Assignment of additional academic responsibilities.
  398  If budget constraints in any given year limit a district school
  399  board’s ability to fully fund all adopted salary schedules, the
  400  performance salary schedule shall not be reduced on the basis of
  401  total cost or the value of individual awards in a manner that is
  402  proportionally greater than reductions to any other salary
  403  schedules adopted by the district.
  404         Section 4. Paragraph (d) of subsection (5) of section
  405  24.121, Florida Statutes, is amended to read:
  406         24.121 Allocation of revenues and expenditure of funds for
  407  public education.—
  408         (5)
  409         (d) No funds shall be released for any purpose from the
  410  Educational Enhancement Trust Fund to any school district in
  411  which one or more schools do not have an approved school
  412  improvement plan pursuant to s. 1001.42(18) or do not comply
  413  with school advisory council membership composition requirements
  414  pursuant to s. 1001.452(1). The Commissioner of Education shall
  415  withhold disbursements from the trust fund to any school
  416  district that fails to adopt the performance-based salary
  417  schedule required by s. 1012.22(1).
  418         Section 5. Subsection (4) of section 1006.09, Florida
  419  Statutes, is amended to read:
  420         1006.09 Duties of school principal relating to student
  421  discipline and school safety.—
  422         (4) When a student has been the victim of a violent crime
  423  perpetrated by another student who attends the same school, the
  424  school principal shall make full and effective use of the
  425  provisions of subsection (2) and s. 1006.13(6). A school
  426  principal who fails to comply with this subsection shall be
  427  ineligible for any portion of the performance pay or the
  428  differentiated pay under s. 1012.22. However, if any party
  429  responsible for notification fails to properly notify the
  430  school, the school principal shall be eligible for the
  431  performance pay or differentiated pay.
  432         Section 6. Subsection (7) of section 1012.28, Florida
  433  Statutes, is amended to read:
  434         1012.28 Public school personnel; duties of school
  435  principals.—
  436         (7) A school principal who fails to comply with this
  437  section shall be ineligible for any portion of the performance
  438  pay and differentiated pay under s. 1012.22.
  439         Section 7. This act shall take effect July 1, 2021.