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.
