Florida Senate - 2025 SB 136
By Senator Rodriguez
40-00444-25 2025136__
1 A bill to be entitled
2 An act relating to public school personnel salary
3 schedules; amending s. 1012.22, F.S.; deleting
4 definitions; deleting a requirement relating to cost
5 of-living salary adjustments; revising requirements
6 for salary schedules for school employees;
7 authorizing, rather than requiring, a district school
8 board to base a portion of each employee’s
9 compensation on performance; deleting a requirement
10 that district school boards adopt a performance salary
11 schedule based on specified requirements; revising the
12 requirement for a base salary for instructional
13 personnel or school administrators; revising
14 conditions under which a district school board must
15 provide salary supplements; deleting a provision that
16 prohibits a performance salary schedule from being
17 reduced due to budget constraints; making technical
18 changes; reenacting ss. 1002.33(16)(b),
19 1002.451(5)(a), 1003.621(2)(h), and 1011.6202(3)(b),
20 F.S., relating to charter school exemption from
21 statutes, district innovation school of technology
22 program exemption from statutes, academically high
23 performing school districts’ compliance with statutes
24 and rules, and Principal Autonomy Program Initiative
25 exemption from laws, respectively, to incorporate the
26 amendment made to s. 1012.22, F.S., in references
27 thereto; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (c) of subsection (1) of section
32 1012.22, Florida Statutes, is amended to read:
33 1012.22 Public school personnel; powers and duties of the
34 district school board.—The district school board shall:
35 (1) Designate positions to be filled, prescribe
36 qualifications for those positions, and provide for the
37 appointment, compensation, promotion, suspension, and dismissal
38 of employees as follows, subject to the requirements of this
39 chapter:
40 (c) Compensation and salary schedules.—
41 1. Definitions.—As used in this paragraph:
42 a. “Adjustment” means an addition to the base salary
43 schedule that is not a bonus and becomes part of the employee’s
44 permanent base salary and shall be considered compensation under
45 s. 121.021(22).
46 b. “Grandfathered salary schedule” means the salary
47 schedule or schedules adopted by a district school board before
48 July 1, 2014, pursuant to subparagraph 4.
49 c. “Instructional personnel” means instructional personnel
50 as defined in s. 1012.01(2)(a)-(d), excluding substitute
51 teachers.
52 d. “Performance salary schedule” means the salary schedule
53 or schedules adopted by a district school board pursuant to
54 subparagraph 5.
55 c.e. “Salary schedule” means the schedule or schedules used
56 to provide the base salary for district school board personnel.
57 d.f. “School administrator” means a school administrator as
58 defined in s. 1012.01(3)(c).
59 e.g. “Supplement” means an annual addition to the base
60 salary for the term of the negotiated supplement as long as the
61 employee continues his or her employment for the purpose of the
62 supplement. A supplement does not become part of the employee’s
63 continuing base salary but shall be considered compensation
64 under s. 121.021(22).
65 2. Cost-of-living adjustment.—A district school board may
66 provide a cost-of-living salary adjustment if the adjustment:
67 a. does not discriminate among comparable classes of
68 employees based upon the salary schedule under which they are
69 compensated.
70 b. Does not exceed 50 percent of the annual adjustment
71 provided to instructional personnel rated as effective.
72 3. Advanced degrees.—A district school board may use
73 advanced degrees in setting a salary schedule for instructional
74 personnel or school administrators if the advanced degree is
75 held in the individual’s area of certification.
76 4. Grandfathered Salary schedule.—
77 a. Beginning with the 2026-2027 school year, the district
78 school board shall adopt a salary schedule or salary schedules
79 to be used as the basis for paying all school employees hired
80 before July 1, 2014. Instructional personnel on annual contract
81 as of July 1, 2014, shall be placed on the performance salary
82 schedule adopted under subparagraph 5. Instructional personnel
83 on continuing contract or professional service contract may opt
84 into the performance salary schedule if the employee
85 relinquishes such contract and agrees to be employed on an
86 annual contract under s. 1012.335. Such an employee shall be
87 placed on the performance salary schedule and may not return to
88 continuing contract or professional service contract status. Any
89 employee who opts into the performance salary schedule may not
90 return to the grandfathered salary schedule.
91 b. In determining the grandfathered salary schedule for
92 instructional personnel, a district school board may must base a
93 portion of each employee’s compensation upon performance
94 demonstrated under s. 1012.34 and shall provide differentiated
95 pay for both instructional personnel and school administrators
96 based upon district-determined factors, including, but not
97 limited to, additional responsibilities, school demographics,
98 critical shortage areas, and level of job performance
99 difficulties.
100 5. Performance salary schedule.—By July 1, 2014, the
101 district school board shall adopt a performance salary schedule
102 that provides annual salary adjustments for instructional
103 personnel and school administrators based upon performance
104 determined under s. 1012.34. Employees hired on or after July 1,
105 2014, or employees who choose to move from the grandfathered
106 salary schedule to the performance salary schedule shall be
107 compensated pursuant to the performance salary schedule once
108 they have received the appropriate performance evaluation for
109 this purpose.
110 a. Base salary.—The base salary shall be established as
111 follows:
112 (I) The base salary for instructional personnel or school
113 administrators who opt into the performance salary schedule is
114 only shall be the salary paid in the prior year, including
115 adjustments only.
116 (II) Instructional personnel or school administrators new
117 to the district, returning to the district after a break in
118 service without an authorized leave of absence, or appointed for
119 the first time to a position in the district in the capacity of
120 instructional personnel or school administrator shall be placed
121 on the performance salary schedule.
122 b. Salary adjustments.—Salary adjustments for highly
123 effective or effective performance shall be established as
124 follows:
125 (I) The annual salary adjustment under the performance
126 salary schedule for an employee rated as highly effective must
127 be at least 25 percent greater than the highest annual salary
128 adjustment available to an employee of the same classification
129 through any other salary schedule adopted by the district.
130 (II) The annual salary adjustment under the performance
131 salary schedule for an employee rated as effective must be equal
132 to at least 50 percent and no more than 75 percent of the annual
133 adjustment provided for a highly effective employee of the same
134 classification.
135 (III) A salary schedule shall not provide an annual salary
136 adjustment for an employee who receives a rating other than
137 highly effective or effective for the year.
138 6.c. Salary supplements.—In addition to the salary
139 adjustments, Each district school board shall provide for salary
140 supplements for activities that must include, but are not
141 limited to:
142 a.(I) Assignment to a Title I eligible school.
143 b.(II) Assignment to a school that earned a grade of “F” or
144 two three consecutive grades of “D” pursuant to s. 1008.34 such
145 that the supplement remains in force for at least 1 year
146 following improved performance in that school.
147 c.(III) Certification and teaching in critical teacher
148 shortage areas. Statewide critical teacher shortage areas shall
149 be identified by the State Board of Education under s. 1012.07.
150 However, the district school board may identify other areas of
151 critical shortage within the school district for purposes of
152 this sub-subparagraph sub-sub-subparagraph and may remove areas
153 identified by the state board which do not apply within the
154 school district.
155 d.(IV) Assignment as a mentor to a teacher hired within the
156 first 3 years.
157 e. Assignment of additional academic responsibilities.
158
159 If budget constraints in any given year limit a district school
160 board’s ability to fully fund all adopted salary schedules, the
161 performance salary schedule shall not be reduced on the basis of
162 total cost or the value of individual awards in a manner that is
163 proportionally greater than reductions to any other salary
164 schedules adopted by the district. Any compensation for
165 longevity of service awarded to instructional personnel who are
166 on any other salary schedule must be included in calculating the
167 salary adjustments required by sub-subparagraph b.
168 Section 2. For the purpose of incorporating the amendment
169 made by this act to section 1012.22, Florida Statutes, in a
170 reference thereto, paragraph (b) of subsection (16) of section
171 1002.33, Florida Statutes, is reenacted to read:
172 1002.33 Charter schools.—
173 (16) EXEMPTION FROM STATUTES.—
174 (b) Additionally, a charter school shall be in compliance
175 with the following statutes:
176 1. Section 286.011, relating to public meetings and
177 records, public inspection, and criminal and civil penalties.
178 2. Chapter 119, relating to public records.
179 3. Section 1003.03, relating to the maximum class size,
180 except that the calculation for compliance pursuant to s.
181 1003.03 shall be the average at the school level.
182 4. Section 1012.22(1)(c), relating to compensation and
183 salary schedules.
184 5. Section 1012.33(5), relating to workforce reductions.
185 6. Section 1012.335, relating to contracts with
186 instructional personnel hired on or after July 1, 2011.
187 7. Section 1012.34, relating to the substantive
188 requirements for performance evaluations for instructional
189 personnel and school administrators.
190 8. Section 1006.12, relating to safe-school officers.
191 9. Section 1006.07(7), relating to threat management teams.
192 10. Section 1006.07(9), relating to School Environmental
193 Safety Incident Reporting.
194 11. Section 1006.07(10), relating to reporting of
195 involuntary examinations.
196 12. Section 1006.1493, relating to the Florida Safe Schools
197 Assessment Tool.
198 13. Section 1006.07(6)(d), relating to adopting an active
199 assailant response plan.
200 14. Section 943.082(4)(b), relating to the mobile
201 suspicious activity reporting tool.
202 15. Section 1012.584, relating to youth mental health
203 awareness and assistance training.
204 16. Section 1001.42(4)(f)2., relating to middle school and
205 high school start times. A charter school-in-the-workplace is
206 exempt from this requirement.
207 Section 3. For the purpose of incorporating the amendment
208 made by this act to section 1012.22, Florida Statutes, in a
209 reference thereto, paragraph (a) of subsection (5) of section
210 1002.451, Florida Statutes, is reenacted to read:
211 1002.451 District innovation school of technology program.—
212 (5) EXEMPTION FROM STATUTES.—
213 (a) An innovation school of technology is exempt from
214 chapters 1000-1013. However, an innovation school of technology
215 shall comply with the following provisions of those chapters:
216 1. Laws pertaining to the following:
217 a. Schools of technology, including this section.
218 b. Student assessment program and school grading system.
219 c. Services to students who have disabilities.
220 d. Civil rights, including s. 1000.05, relating to
221 discrimination.
222 e. Student health, safety, and welfare.
223 2. Laws governing the election and compensation of district
224 school board members and election or appointment and
225 compensation of district school superintendents.
226 3. Section 1003.03, governing maximum class size, except
227 that the calculation for compliance pursuant to s. 1003.03 is
228 the average at the school level.
229 4. Sections 1012.22(1)(c) and 1012.27(2), relating to
230 compensation and salary schedules.
231 5. Section 1012.33(5), relating to workforce reductions,
232 for annual contracts for instructional personnel. This
233 subparagraph does not apply to at-will employees.
234 6. Section 1012.335, relating to contracts with
235 instructional personnel hired on or after July 1, 2011, for
236 annual contracts for instructional personnel. This subparagraph
237 does not apply to at-will employees.
238 7. Section 1012.34, relating to requirements for
239 performance evaluations of instructional personnel and school
240 administrators.
241 Section 4. For the purpose of incorporating the amendment
242 made by this act to section 1012.22, Florida Statutes, in a
243 reference thereto, paragraph (h) of subsection (2) of section
244 1003.621, Florida Statutes, is reenacted to read:
245 1003.621 Academically high-performing school districts.—It
246 is the intent of the Legislature to recognize and reward school
247 districts that demonstrate the ability to consistently maintain
248 or improve their high-performing status. The purpose of this
249 section is to provide high-performing school districts with
250 flexibility in meeting the specific requirements in statute and
251 rules of the State Board of Education.
252 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
253 high-performing school district shall comply with all of the
254 provisions in chapters 1000-1013, and rules of the State Board
255 of Education which implement these provisions, pertaining to the
256 following:
257 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
258 public school personnel compensation and salary schedules; s.
259 1012.34, relating to personnel evaluation procedures and
260 criteria; and ss. 1012.33 and 1012.335, relating to contracts
261 with instructional personnel, staff, supervisors, and school
262 administrators.
263 Section 5. For the purpose of incorporating the amendment
264 made by this act to section 1012.22, Florida Statutes, in a
265 reference thereto, paragraph (b) of subsection (3) of section
266 1011.6202, Florida Statutes, is reenacted to read:
267 1011.6202 Principal Autonomy Program Initiative.—The
268 Principal Autonomy Program Initiative is created within the
269 Department of Education. The purpose of the program is to
270 provide a highly effective principal of a participating school
271 with increased autonomy and authority to operate his or her
272 school, as well as other schools, in a way that produces
273 significant improvements in student achievement and school
274 management while complying with constitutional requirements. The
275 State Board of Education may, upon approval of a principal
276 autonomy proposal, enter into a performance contract with the
277 district school board for participation in the program.
278 (3) EXEMPTION FROM LAWS.—
279 (b) A participating school or a school operated by a
280 principal pursuant to subsection (5) shall comply with the
281 provisions of chapters 1000-1013, and rules of the state board
282 that implement those provisions, pertaining to the following:
283 1. Those laws relating to the election and compensation of
284 district school board members, the election or appointment and
285 compensation of district school superintendents, public meetings
286 and public records requirements, financial disclosure, and
287 conflicts of interest.
288 2. Those laws relating to the student assessment program
289 and school grading system, including chapter 1008.
290 3. Those laws relating to the provision of services to
291 students with disabilities.
292 4. Those laws relating to civil rights, including s.
293 1000.05, relating to discrimination.
294 5. Those laws relating to student health, safety, and
295 welfare.
296 6. Section 1001.42(4)(f), relating to the uniform opening
297 date for public schools.
298 7. Section 1003.03, governing maximum class size, except
299 that the calculation for compliance pursuant to s. 1003.03 is
300 the average at the school level for a participating school.
301 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
302 compensation and salary schedules.
303 9. Section 1012.33(5), relating to workforce reductions for
304 annual contracts for instructional personnel. This subparagraph
305 does not apply to at-will employees.
306 10. Section 1012.335, relating to annual contracts for
307 instructional personnel hired on or after July 1, 2011. This
308 subparagraph does not apply to at-will employees.
309 11. Section 1012.34, relating to personnel evaluation
310 procedures and criteria.
311 12. Those laws pertaining to educational facilities,
312 including chapter 1013, except that s. 1013.20, relating to
313 covered walkways for relocatables, is eligible for exemption.
314 13. Those laws pertaining to participating school
315 districts, including this section and ss. 1011.69(2) and
316 1012.28(8).
317 Section 6. This act shall take effect July 1, 2025.