Florida 2022 2022 Regular Session

Florida Senate Bill S1576 Analysis / Analysis

Filed 01/25/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Education  
 
BILL: SB 1576 
INTRODUCER:  Senator Polsky 
SUBJECT:  Educational Support Staff 
DATE: January 24, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Jahnke Bouck ED Favorable 
2.     AED   
3.     AP  
 
I. Summary: 
SB 1576 establishes that a support staff position that has over 20 percent of its available staffing 
positions vacant constitutes a critical shortage area. Specifically, the bill requires: 
 District superintendents to annually compile a list of critical employment shortages for 
education support employees and paraprofessionals. 
 Each district to fund incentives that will help retain and recruit personnel for critical 
shortages or hard to staff positions or worksites in support staff positions as appropriated by 
the General Appropriations Act. 
 District superintendents to annually file a report to the President of the Senate and the 
Speaker of the House of Representatives with documentation of the shortage and how the 
funds were used. 
 
The bill does not have a fiscal impact to the state. 
 
The bill takes effect July 1, 2022. 
II. Present Situation: 
Instructional Personnel 
Instructional personnel means any K-12 staff member whose function includes the provision of 
direct instructional services to students.
1
 Instructional personnel also includes K-12 personnel 
whose functions provide direct support in the learning process of students. Included in the 
classification of instructional personnel are the following K-12 personnel:
2
 
                                                
1
 Section 1012.01(2), F.S. 
2
 Section 1012.01(2)(a)-(e), F.S. 
REVISED:   BILL: SB 1576   	Page 2 
 
 Classroom teachers – Staff members assigned the professional activity of instructing students 
in courses in classroom situations, including basic instruction, exceptional student education, 
career education, and adult education, including substitute teachers. 
 Student personnel services – Staff members responsible for advising students, such as, 
certified school counselors, social workers, career specialists, and school psychologists. 
 Librarians/media specialists – Staff members responsible for providing school library media 
services. 
 Other instructional staff – Other instructional staff are primary specialists, learning resource 
specialists, instructional trainers, adjunct educators,
3
 and similar positions. 
 Education paraprofessionals – Individuals who are under the direct supervision of an 
instructional staff member, aiding the instructional process. 
 
Based on data from the Florida Department of Education (DOE), there were 2,484 fewer full-
time instructional staff in 2020-2021 school year
4
 compared to the 2019-2020 school year.
5
 
 
Full-Time Instructional Staff in Florida's 
Public Schools 
2019-2020 
School Year 
2020-2021 
School Year 
Instructional Teachers 	179,004 176,182 
Guidance 	6,322 6,397 
Visiting Teachers/Guidance Workers  1,518 1,567 
School Psychologist 	1,494 1,471 
Librarian/Audio Visual Workers 	1,992 1,923 
Other Professional Staff/Instructional 14,659 14,965 
Statewide Total 	204,989 202,505 
 
The State Board of Education is required to annually identify critical teacher shortage areas 
based on the recommendation of the Commissioner of Education.
6
 The list of shortage areas 
identify high-need content areas and high-priority location areas.
7
 Most of the recommended 
critical teacher shortage areas for 2021-2022 are among those with the highest projected 
vacancies and the highest number of current vacancies for the 2020-2021 school year.
8
 This 
information is collected from each school district and is typically used to plan recruitment 
efforts, including “The Great Florida Teach-In” held annually.
9
 
 
                                                
3
 Section 1012.57, F.S. 
4
 Florida Department of Education, Staff in Florida’s Public Schools, District Reports 2020-21, Instructional Staff, 
https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-public-school-data-pubs-
reports/staff.stml (last visited January 21, 2022). 
5
 Florida Department of Education, Archive, Data Publications and Reports, Staff in Florida’s Public Schools, District 
Reports 2019-20, Instructional Staff, https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-
public-school-data-pubs-reports/archive.stml (last visited January 21, 2022). 
6
 Section 1012.07, F.S. 
7
 Rule 6A-20.0131, F.A.C. 
8
 Florida Department of Education, Identification of Critical Teacher Shortage Areas for 2021-22, available at 
https://www.fldoe.org/core/fileparse.php/7766/urlt/CTSA2122.pdf. 
9
 Id.  BILL: SB 1576   	Page 3 
 
Educational Support Employees 
An educational support employee is any person employed by a district school system who is 
employed as a:
10
 
 Teacher assistant. 
 Education paraprofessional. 
 Member of the transportation, operations maintenance or food service departments. 
 Secretary or clerical employee. 
 Other person not required to be certified
11
 by the DOE or district school board. 
 
Education paraprofessionals
12
 are K-12 instructional personnel who are under the direct 
supervision of an instructional staff member, aiding the instructional process. Included in this 
classification are: 
 Classroom paraprofessionals in regular instruction. 
 Exceptional education paraprofessionals. 
 Career education paraprofessionals. 
 Adult education paraprofessionals. 
 Library paraprofessionals. 
 Physical education and playground paraprofessionals. 
 Other school-level paraprofessionals. 
 
Based on data from the Florida Department of Education (DOE), there were 2,457 fewer 
education support staff in 2020-2021 school year
13
 compared to the 2019-2020 school year.
14
 
 
Education Support Staff in Florida's 
Public Schools 
2019-2020 
School Year 
2020-2021 
School Year 
OPS Noninstructional 	13,010 13,409 
Paraprofessionals 	33,641 32,819 
Technicians 	3,410 3,346 
Administrative Support Workers 22,950 22,439 
Service Workers 	46,584 45,258 
Skilled Crafts Workers 	4,539 4,426 
Unskilled Laborers 	1,418 1,398 
Statewide Total 	125,552 123,095 
                                                
10
 Section 1012.40, F.S. This section does not apply to persons employed in confidential or management positions. However, 
this does apply to all employees who are not temporary or casual and whose duties require 20 or more hours in each normal 
working week. 
11
 Section 1012.39, F.S. 
12
 Section 1012.01(2)(e), F.S. 
13
 Florida Department of Education, Staff in Florida’s Public Schools, District Reports 2020-21, Support Staff, 
https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-public-school-data-pubs-
reports/staff.stml (last visited January 21, 2022). 
14
 Florida Department of Education, Archive, Data Publications and Reports, Staff in Florida’s Public Schools, District 
Reports 2019-20, Support Staff, https://www.fldoe.org/accountability/data-sys/edu-info-accountability-services/pk-12-public-
school-data-pubs-reports/archive.stml (last visited January 21, 2022).  BILL: SB 1576   	Page 4 
 
III. Effect of Proposed Changes: 
SB 1576 creates s. 1012.08, F.S, to establish that a support staff position that has over 20 percent 
of its available staffing positions vacant constitutes a critical shortage area. The bill requires 
district superintendents to compile a list, not later than April 1 of each year, of critical 
employment shortages for education support staff and paraprofessionals based on evidence of a 
shortage for each position. 
 
Additionally, the bill requires each district to fund incentives that will help retain and recruit 
personnel for critical shortages or hard to staff positions or worksites in support staff positions as 
appropriated by the General Appropriations Act. 
 
The bill requires district superintendents to file a report, by December 1 of each year, to the 
President of the Senate and the Speaker of the House of Representatives with documentation of 
the shortage and how the funds were used. 
 
The bill takes effect July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None.  BILL: SB 1576   	Page 5 
 
C. Government Sector Impact: 
None. 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill creates section 1012.08 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.