This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1219.ELE
DATE: 1/31/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1219 Instructional Personnel
SPONSOR(S): Bartleman
TIED BILLS: None IDEN./SIM. BILLS: SB 1578
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Early Learning & Elementary Education
Subcommittee
Aaronson Brink
2) Government Operations Subcommittee
3) PreK-12 Appropriations Subcommittee
4) Education & Employment Committee
SUMMARY ANALYSIS
With regards to public schools, Florida law defines instructional personnel to include kindergarten through
grade 12 staff members who provide direct instruction or support in the learning process of students, including
classroom teachers. Prekindergarten teachers are not included in this definition. However, certain
prekindergarten teachers employed by a public school may be funded by the Florida Education Finance
Program (FEFP).
The bill revises the terms “instructional personnel” and “classroom teacher” to be consistent with the Teacher
Salary Increase Allocation by including certified prekindergarten staff members who are funded in the FEFP,
(i.e., who provide special education instruction to prekindergarten students).
The bill lists qualifying educator certificates for prekindergarten instructors, to include Prekindergarten/Primary
Education, Preschool Education, Early Childhood Education, or any exceptional student education area with
the Prekindergarten Disabilities endorsement.
The bill has no fiscal impact.
The bill takes effect on July 1, 2022. STORAGE NAME: h1219.ELE PAGE: 2
DATE: 1/31/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Instructional Personnel in Florida Public Schools
Present Situation
Florida law defines instructional personnel to include school district employees that provide direct
instructional services or direct instructional support to students in grades kindergarten through grade
12.
1
Instructional personnel may include:
2
classroom teachers,
student personnel services such as student advisors, counselors, social workers, career
specialists, and school psychologists;
librarians/media specialists;
other instructional staff such as primary specialists, learning resource specialists, instructional
trainers, and similar positions; and
education paraprofessionals.
Specifically, classroom teachers are defined as staff members instructing students in courses in
classroom situations, including basic instruction, exceptional student education, career education, and
adult education. Substitute teachers are considered classroom teachers.
3
The definitions for
instructional personnel and classroom teachers do not currently include prekindergarten teachers
employed in public schools.
4
Florida Education Finance Program
The Florida Education Finance Program (FEFP) is the funding formula adopted by the Florida
Legislature in 1973 to allocate funds appropriated to school districts for K-12 public school operations.
5
The FEFP combines state and local funds to determine appropriate funding and allocations for the
education for Florida’s students.
The FEFP identifies a prekindergarten student with a disability as meeting the requirements specified
for kindergarten students.
6
Therefore, prekindergarten programs for exceptional children are funded
though the FEFP as calculated by the Florida Department of Education (DOE).
7
Teacher Salary Increase Allocation
In 2020, the Legislature established the Teacher Salary Increase Allocation in the FEFP to assist
school districts in the recruitment and retention of instructional personnel.
8
In 2020 and 2021, the
Legislature appropriated $500 million in the General Appropriations Act to the Teacher Salary Increase
Allocation to assist school districts in increasing classroom teacher salaries.
9
The allocation funds must
be used to increase the minimum base salary for eligible teachers to at least $47,500, or the maximum
amount achievable based on the allocation.
10
Prekindergarten teachers who provide special education
1
Section 1012.01(2), F.S.
2
Section 1012.01(2)(a)-(e), F.S.
3
Section 1012.01(2)(a), F.S.
4
See text accompanying notes 8-11.
5
Chapter 73-345, L.O.F.
6
Section 1011.61(1)(c)1.b.(II), F.S.
7
Section 1011.61(4), F.S.
8
Section 2, ch. 2020-94, L.O.F.
9
Specific Appropriations 8 and 92, s. 2, ch. 2020-111, L.O.F.
10
Section 1011.62(16)(b)1., F.S. STORAGE NAME: h1219.ELE PAGE: 3
DATE: 1/31/2022
instruction and are funded in the FEFP are entitled to the same salary amounts as other school
personnel under the allocation.
11
Effect of Proposed Changes
The bill revises the terms “instructional personnel” and “classroom teacher” to be consistent with the
Teacher Salary Increase Allocation by including certified prekindergarten staff members who are
funded in the FEFP.
The bill lists qualifying educator certificates, to include Prekindergarten/Primary Education, Preschool
Education, Early Childhood Education, or any exceptional student education area with the
Prekindergarten Disabilities endorsement.
B. SECTION DIRECTORY:
Section 1: Amends s.1012.01, F.S.; revising the definition of the term “instructional personnel” to
include specified prekindergarten instructors.
Section 2: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
11
As defined in s. 1012.01(2)(b)-(d), F.S. STORAGE NAME: h1219.ELE PAGE: 4
DATE: 1/31/2022
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.