Florida Senate - 2022                                     SB 298
       By Senator Book
       32-00378-22                                            2022298__
    1                        A bill to be entitled                      
    2         An act relating to teacher salaries; amending s.
    3         1011.62, F.S.; requiring each school district that has
    4         not yet reached a specified minimum base salary to use
    5         its share of the teacher salary increase allocation in
    6         a specified manner; requiring school districts to use
    7         a specified percentage of the allocation to raise the
    8         minimum base salary; authorizing school districts that
    9         have met the minimum base salary for full-time
   10         classroom teachers to use funds to raise the salaries
   11         of specified personnel; providing applicability;
   12         amending s. 1012.22, F.S.; revising definitions;
   13         authorizing, instead of prohibiting, district school
   14         boards to use advanced degrees as a criterion in
   15         setting a salary schedule for certain personnel;
   16         authorizing certain instructional personnel to
   17         continue to use a salary schedule adopted before a
   18         district school board adopts a performance salary
   19         schedule or opt into the performance salary schedule;
   20         authorizing, instead of requiring, a district school
   21         board to base a portion of each employee’s
   22         compensation upon performance; authorizing, instead of
   23         requiring, a district school board to adopt a
   24         performance salary schedule; conforming provisions to
   25         changes made by the act; providing an effective date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (b) of subsection (16) of section
   30  1011.62, Florida Statutes, is amended to read:
   31         1011.62 Funds for operation of schools.—If the annual
   32  allocation from the Florida Education Finance Program to each
   33  district for operation of schools is not determined in the
   34  annual appropriations act or the substantive bill implementing
   35  the annual appropriations act, it shall be determined as
   36  follows:
   37         (16) TEACHER SALARY INCREASE ALLOCATION.—The Legislature
   38  may annually provide in the Florida Education Finance Program a
   39  teacher salary increase allocation to assist school districts in
   40  their recruitment and retention of classroom teachers and other
   41  instructional personnel. The amount of the allocation shall be
   42  specified in the General Appropriations Act.
   43         (b) Allocation funds are restricted in use as follows:
   44         1. Each school district that has not yet reached a minimum
   45  base salary of $47,500 and charter school shall use its share of
   46  the allocation to increase the minimum base salary for full-time
   47  classroom teachers, as defined in s. 1012.01(2)(a), plus
   48  certified prekindergarten teachers funded in the Florida
   49  Education Finance Program, to at least $47,500, or to the
   50  maximum amount achievable based on the allocation and as
   51  specified in the General Appropriations Act. School districts
   52  shall use at least 50 percent of their share of the allocation
   53  to raise the minimum base salary. The term “minimum base salary”
   54  means the lowest annual base salary reported on the salary
   55  schedule for a full-time classroom teacher. No full-time
   56  classroom teacher shall receive a salary less than the minimum
   57  base salary as adjusted by this subparagraph. This subparagraph
   58  does not apply to substitute teachers.
   59         2. In addition, each school district shall use its share of
   60  the allocation to provide salary increases, as funding permits,
   61  for the following personnel:
   62         a. Full-time classroom teachers, as defined in s.
   63  1012.01(2)(a), plus certified prekindergarten teachers funded in
   64  the Florida Education Finance Program, who did not receive an
   65  increase or who received an increase of less than 2 percent
   66  under subparagraph 1. or as specified in the General
   67  Appropriations Act. This subparagraph does not apply to
   68  substitute teachers.
   69         b. Other full-time instructional personnel as defined in s.
   70  1012.01(2)(b)-(d).
   71         3. A school district or charter school may use funds
   72  available after the requirements of subparagraph 1. are met to
   73  provide salary increases pursuant to subparagraph 2.
   74         4. A school district or charter school shall maintain the
   75  minimum base salary achieved for classroom teachers provided
   76  under subparagraph 1. and may not reduce the salary increases
   77  provided under subparagraph 2. in any subsequent fiscal year,
   78  unless specifically authorized in the General Appropriations
   79  Act.
   80         5.School districts that have met the minimum base salary
   81  of $47,500 for full-time classroom teachers may use funds to
   82  raise the salaries of veteran teachers who received less than a
   83  3 percent raise in the previous fiscal year and to raise the
   84  salaries of other full-time instructional personnel. This
   85  subparagraph does not apply to substitute teachers.
   86         Section 2. Paragraph (c) of subsection (1) of section
   87  1012.22, Florida Statutes, is amended to read:
   88         1012.22 Public school personnel; powers and duties of the
   89  district school board.—The district school board shall:
   90         (1) Designate positions to be filled, prescribe
   91  qualifications for those positions, and provide for the
   92  appointment, compensation, promotion, suspension, and dismissal
   93  of employees as follows, subject to the requirements of this
   94  chapter:
   95         (c) Compensation and salary schedules.—
   96         1. Definitions.—As used in this paragraph:
   97         a. “Adjustment” means an addition to the base salary
   98  schedule that is not a bonus and becomes part of the employee’s
   99  permanent base salary and shall be considered compensation under
  100  s. 121.021(22).
  101         b. “Grandfathered salary schedule” means the salary
  102  schedule or schedules adopted by a district school board before
  103  July 1, 2014, pursuant to subparagraph 4.
  104         c. “Instructional personnel” means instructional personnel
  105  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  106  teachers.
  107         c.d. “Performance salary schedule” means the salary
  108  schedule or schedules adopted by a district school board may
  109  adopt pursuant to subparagraph 5.
  110         d.e. “Salary schedule” means the schedule or schedules used
  111  to provide the base salary for district school board personnel.
  112         e.f. “School administrator” means a school administrator as
  113  defined in s. 1012.01(3)(c).
  114         f.g. “Supplement” means an annual addition to the base
  115  salary for the term of the negotiated supplement as long as the
  116  employee continues his or her employment for the purpose of the
  117  supplement. A supplement does not become part of the employee’s
  118  continuing base salary but shall be considered compensation
  119  under s. 121.021(22).
  120         2. Cost-of-living adjustment.—A district school board may
  121  provide a cost-of-living salary adjustment if the adjustment:
  122         a. Does not discriminate among comparable classes of
  123  employees based upon the salary schedule under which they are
  124  compensated.
  125         b. Does not exceed 50 percent of the annual adjustment
  126  provided to instructional personnel rated as effective.
  127         3. Advanced degrees.—A district school board may not use
  128  advanced degrees in setting a salary schedule for instructional
  129  personnel or school administrators hired on or after July 1,
  130  2011, unless the advanced degree is held in the individual’s
  131  area of certification and is only a salary supplement.
  132         4. Grandfathered Salary schedule.—
  133         a. The district school board shall adopt a salary schedule
  134  or salary schedules to be used as the basis for paying all
  135  school employees hired before July 1, 2014. If a school district
  136  adopts a Instructional personnel on annual contract as of July
  137  1, 2014, shall be placed on the performance salary schedule,
  138  adopted under subparagraph 5. instructional personnel on a
  139  continuing contract or professional service contract may
  140  continue to use the salary schedule adopted before the
  141  performance salary schedule or, if the employee relinquishes his
  142  or her contract and agrees to be employed on an annual contract
  143  under s. 1012.335, opt into the performance salary schedule if
  144  the employee relinquishes such contract and agrees to be
  145  employed on an annual contract under s. 1012.335. Such an
  146  employee shall be placed on the performance salary schedule and
  147  may not return to continuing contract or professional service
  148  contract status. Any employee who opts into the performance
  149  salary schedule may not return to the grandfathered salary
  150  schedule under this sub-subparagraph.
  151         b. In determining the grandfathered salary schedule for
  152  instructional personnel, a district school board may must base a
  153  portion of each employee’s compensation upon performance
  154  demonstrated under s. 1012.34 and shall provide differentiated
  155  pay for both instructional personnel and school administrators
  156  based upon district-determined factors, including, but not
  157  limited to, additional responsibilities, school demographics,
  158  critical shortage areas, and level of job performance
  159  difficulties.
  160         5. Performance salary schedule.—A By July 1, 2014, the
  161  district school board may shall adopt a performance salary
  162  schedule that provides annual salary adjustments for
  163  instructional personnel and school administrators based upon
  164  performance determined under s. 1012.34. Employees hired on or
  165  after July 1, 2014, or employees who choose to move from the
  166  grandfathered salary schedule under sub-subparagraph 4. to the
  167  performance salary schedule shall be compensated pursuant to the
  168  performance salary schedule once they have received the
  169  appropriate performance evaluation for this purpose.
  170         a. Base salary.—For a district school board that adopts a
  171  performance salary schedule, The base salary shall be
  172  established as follows:
  173         (I) the base salary for instructional personnel and or
  174  school administrators who opt into the performance salary
  175  schedule shall be the salary paid in the prior year, including
  176  adjustments only.
  177         (II) Instructional personnel or school administrators new
  178  to the district, returning to the district after a break in
  179  service without an authorized leave of absence, or appointed for
  180  the first time to a position in the district in the capacity of
  181  instructional personnel or school administrator shall be placed
  182  on the performance salary schedule. Beginning July 1, 2021, and
  183  until such time as the minimum base salary as defined in s.
  184  1011.62(16) equals or exceeds $47,500, the annual increase to
  185  the minimum base salary shall not be less than 150 percent of
  186  the largest adjustment made to the salary of an employee on the
  187  grandfathered salary schedule. Thereafter, the annual increase
  188  to the minimum base salary shall not be less than 75 percent of
  189  the largest adjustment for an employee on the grandfathered
  190  salary schedule.
  191         b. Salary adjustments.—For a district school board that
  192  adopts a performance salary schedule, salary adjustments for
  193  highly effective or effective performance shall be established
  194  as follows:
  195         (I) The annual salary adjustment under the performance
  196  salary schedule for an employee rated as highly effective must
  197  be at least 25 percent greater than the highest annual salary
  198  adjustment available to an employee of the same classification
  199  through any other salary schedule adopted by the district.
  200         (II) The annual salary adjustment under the performance
  201  salary schedule for an employee rated as effective must be equal
  202  to at least 50 percent and no more than 75 percent of the annual
  203  adjustment provided for a highly effective employee of the same
  204  classification.
  205         (III) A salary schedule shall not provide an annual salary
  206  adjustment for an employee who receives a rating other than
  207  highly effective or effective for the year.
  208         c. Salary supplements.—In addition to the salary
  209  adjustments, each district school board shall provide for salary
  210  supplements for activities that must include, but are not
  211  limited to:
  212         (I) Assignment to a Title I eligible school.
  213         (II) Assignment to a school that earned a grade of “F” or
  214  three consecutive grades of “D” pursuant to s. 1008.34 such that
  215  the supplement remains in force for at least 1 year following
  216  improved performance in that school.
  217         (III) Certification and teaching in critical teacher
  218  shortage areas. Statewide critical teacher shortage areas shall
  219  be identified by the State Board of Education under s. 1012.07.
  220  However, the district school board may identify other areas of
  221  critical shortage within the school district for purposes of
  222  this sub-sub-subparagraph and may remove areas identified by the
  223  state board which do not apply within the school district.
  224         (IV) Assignment of additional academic responsibilities.
  226  If budget constraints in any given year limit a district school
  227  board’s ability to fully fund all adopted salary schedules, the
  228  performance salary schedule shall not be reduced on the basis of
  229  total cost or the value of individual awards in a manner that is
  230  proportionally greater than reductions to any other salary
  231  schedules adopted by the district.
  232         Section 3. This act shall take effect July 1, 2022.