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 employees 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. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1.Paragraph (b) of subsection (16) of section 30 1011.62, Florida Statutes, is amended to read: 31 1011.62Funds 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 1012.22Public 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 employees 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 employees 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 individuals 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 employees 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. 225 226 If budget constraints in any given year limit a district school 227 boards 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.