Florida Department of Education
CONTACT PERSON May 15, 2002 Name: Linda Champion Phone: (850)488-5142 Suncom: 278-5142 M E M O R A N D U M DPBM: 02-94 TO: District School Superintendents FROM: Wayne V. Pierson SUBJECT: Performance-Based Pay Section 230.23(5)(c), F.S., requires that each district school board include in its adopted budget a reserve to fully fund an additional five percent supplement for school administrators and instructional personnel who demonstrate outstanding performance. House Bill 13-C, Section 3, enacted during the 2001 special session, allowed the reserved funds to be used for board- specified classroom instruction during 2001-02. However, each districtís 2002-03 adopted budget must comply with Section 230.23(5)(c), F.S. Although the revised school code adopted by the Legislature will contain different citations for this section, no substantive change in the requirements of the law was made. The amount that must be included in the 2002-03 adopted budget for this purpose will be an estimate based on five percent of the salaries of those school administrators and instructional personnel whose 2002-03 evaluations are projected to reflect outstanding performance as measured by Section 231.29, F.S. The districtís performance pay policy must allow school administrators and instructional personnel to earn a five percent supplement in addition to their individual, negotiated salary. Individual, negotiated salary refers to base salary, not including stipends or other bonuses. This amount must then be appropriated for expenditure in the 2002-03 adopted budget. Districts have the full responsibility of designating the criteria for determining outstanding performance for teachers and school administrators. Section 230.23(5)(c), F.S., also requires the Commissioner to determine district compliance with the provisions for performance-based pay from the adopted salary schedule. Therefore, the adopted salary schedule submitted to the Department following the settlement of negotiations must reflect the funds reserved for performance supplements. This subsection also provides that the Commissioner must withhold distributions from the Education Enhancement Trust Fund if a district fails to comply with the statutory performance-based pay provisions. Therefore, in order for districts to receive 2002-03 distributions prior to the settlement of salary negotiations with employees, the attached certification from the superintendent must be returned to the Office of Funding and Financial Reporting prior to July 1, 2002. If you need additional information, please contact Linda Champion, Office of Funding and Financial Reporting, SC 278-5142 or (850) 488-5142. cc: District Finance Officers District Personnel Directors PERFORMANCE-BASED PAY CERTIFICATION This is to certify that the School Board of _____________County has established a performance-based pay policy in accordance with Section 230.23(5)(c), F.S., for the fiscal year 2002-03. The supplements for outstanding performance of school administrators and instructional personnel will be reflected in the districtís 2002-03 adopted salary schedule and adopted budget and will be expended or accrued for expenditure in 2002-03. _______________________________________ ________________________ Superintendentís Signature Date
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