Bill Text: FL S1364 | 2013 | Regular Session | Introduced


Bill Title: Public School Personnel

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-05-03 - Died in Education [S1364 Detail]

Download: Florida-2013-S1364-Introduced.html
       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 of and is only
   61  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.

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