MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Education; Appropriations
By: Representatives Moore, Formby, Willis
AN ACT TO AMEND SECTION 37-19-7, MISSISSIPPI CODE OF 1972, TO CLARIFY WHICH FULL-TIME LICENSED PUBLIC SCHOOL EMPLOYEES ARE ENTITLED TO BE PAID A SALARY IN ACCORDANCE WITH THE STATE TEACHER SALARY SCALE; TO PROVIDE AN INCREASE TO THE MINIMUM BASE SALARY OF FULL-TIME LICENSED TEACHERS BASED ON THE FULFILLMENT OF NECESSARY BENCHMARKS WHICH EVIDENCE A LICENSED TEACHER'S PROFESSIONAL GROWTH, LEARNING AND DEVELOPMENT AND TEACHER SERVICE ACTIVITIES; TO PRESCRIBE THE BENCHMARKS BY WHICH TEACHERS SHALL BE ELIGIBLE FOR A PAY INCREASE; TO REQUIRE DOCUMENTED VERIFICATION OF TEACHER BENCHMARKS UPON A FORM DEVELOPED BY THE STATE DEPARTMENT OF EDUCATION WHICH SHALL BE SIGNED BY THE PRINCIPAL OF THE SCHOOL IN WHICH THE TEACHER IS EMPLOYED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-19-7, Mississippi Code of 1972, is amended as follows:
37-19-7. (1) This * * *
subsection shall
be known and may be cited as the Mississippi "Teacher Opportunity Program
(TOP)." The allowance in the Mississippi Adequate Education Program for
teachers' salaries in each county and separate school district shall be
determined and paid in accordance with the scale for teachers' salaries as
provided in this subsection. For teachers holding the following types of
licenses or the equivalent as determined by the State Board of Education, and
the following number of years of teaching experience, except as otherwise
provided in this subsection, the scale shall be as follows:
* * * 2014-2015 School
Year * * *
Less Than Five Years of Teaching Experience
AAAA............................................. $ 36,020.00
AAA.............................................. 34,990.00
AA............................................... 33,960.00
A................................................ 31,900.00
2015-2016 School Year Less Than Five Years of Teaching Experience
AAAA............................................. $ 36,520.00
AAA.............................................. 35,490.00
AA............................................... 34,460.00
A................................................ 32,400.00
2016-2017 School Year Less Than Five Years of Teaching Experience Contingent upon Growth of the State General Fund
AAAA............................................. $ 37,870.00
AAA.............................................. 36,840.00
AA............................................... 35,810.00
A................................................ 33,750.00
2017-2018 School Year Less Than Five Years of Teaching Experience Contingent upon Growth of the State General Fund
AAAA............................................. $ 39,270.00
AAA.............................................. 38,240.00
AA............................................... 37,210.00
A................................................. 35,150.00
2014-2015 School Year and School Years Thereafter
More Than Five Years but Less Than 25 Years of Teaching
Experience Without Benchmarks
AAAA............................................. $ 35,020.00
AAA.............................................. 33,990.00
AA............................................... 32,960.00
A................................................ 30,900.00
25 or More Years of Teaching Experience
Without Benchmarks
AAAA............................................. $ 37,080.00
AAA.............................................. 36,050.00
AA............................................... 35,020.00
A................................................ 32,960.00
2014-2015 School Year
More Than Five Years but Less Than 25 Years of Teaching
Experience With Benchmarks
AAAA............................................. $ 36,020.00
AAA.............................................. 34,990.00
AA............................................... 33,960.00
A................................................ 31,900.00
25 or More Years of Teaching Experience With Benchmarks
AAAA............................................. $ 38,080.00
AAA.............................................. 37,050.00
AA............................................... 36,020.00
A .................................................... 33,960.00
2015-2016 School Year More Than Five Years but Less Than 25 Years of Teaching
Experience With Benchmarks
AAAA............................................. $ 36,520.00
AAA.............................................. 35,490.00
AA............................................... 34,460.00
A................................................ 32,400.00
25 or More Years of Teaching Experience With Benchmarks
AAAA............................................. $ 38,580.00
AAA.............................................. 37,550.00
AA............................................... 36,520.00
A .................................................... 34,460.00
2016-2017 School Year More Than Five Years but Less Than 25 Years of Teaching Experience With Benchmarks
Contingent upon Growth of the State General Fund
AAAA............................................. $ 37,870.00
AAA.............................................. 36,840.00
AA............................................... 35,810.00
A................................................ 33,750.00
25 or More Years of Teaching Experience With Benchmarks
AAAA............................................. $ 39,930.00
AAA.............................................. 38,900.00
AA............................................... 37,870.00
A .................................................... 35,810.00
2017-2018 School Year More Than Five Years but Less Than 25 Years of Teaching Experience With Benchmarks
Contingent upon Growth of the State General Fund
AAAA............................................. $ 39,270.00
AAA.............................................. 38,240.00
AA............................................... 37,210.00
A................................................ 35,150.00
25 or More Years of Teaching Experience With Benchmarks
AAAA............................................. $ 41,330.00
AAA.............................................. 40,300.00
AA............................................... 39,270.00
A .................................................... 37,210.00
* * *
If the official general fund revenue estimates for fiscal years 2017 and 2018 reflect a growth in general fund revenues of three percent (3%) or more than the final general fund revenue estimate for the prior year, then the Legislature shall provide funds in an amount equal to one percent (1%) of the final prior year's general fund revenue estimate for a salary increase for certified teachers for the respective school years affected.
* * *
Beginning with the 2014-2015 school year, the State Board of Education shall establish a state standard rubric for compensating licensed teachers employed on a full-time basis by awarding credit towards salary increases to the teacher's minimum base salary which align with the salary scale established in this subsection for the achievement of necessary benchmarks that evidence a licensed teacher's professional growth, learning and development and teacher service activities. Increases to a licensed teacher's minimum base pay shall be determined based on the teacher's achieving a minimum of three (3) of the following benchmarks, including:
(a) Attaining a AA certificate or enrolling in the process, which may account for multiple benchmark achievements;
(b) Attaining a AAA certificate or enrolling in the process, which may account for multiple benchmark achievements;
(c) Attaining a AAAA certificate or enrolling in the process, which may account for multiple benchmark achievements;
(d) Attaining a World Class Teacher designation or enrolling in the process;
(e) Attaining national board certification as verified by the National Board of Professional Teaching Standards or enrolling in the process or attaining such certification;
(f) Receiving a principal recommendation, which such recommendation may account for the one (1) benchmark achievement;
(g) Consistently demonstrating student growth and student achievement as measured by the statewide testing programs developed by the State Board of Education under Chapter 16, Title 37, Mississippi Code of 1972;
(h) Serving on any committee or being a featured speaker at the request of an officially recognized state or national educational organization whose purpose is to improve student achievement;
(i) Involvement in an education committee of a community group, i.e., Rotary, Kiwanis, Chamber of Commerce or others;
(j) Having membership with a professional teacher organization which focuses on student improvement or professional development; however, membership in any organization which collects dues from its members for political purposes shall be deemed ineligible for receipt of a benchmark credit;
(k) Participating in or having previously participated in recognized development seminars or studies outside the normal required, which may account for multiple benchmark achievements;
(l) Serving as an official mentor teacher;
(m) Teaching as an adjunct professor at a university or community college or teaching a bridge program;
(n) Volunteering for school-sponsored extracurricular activities or testing activities;
(o) Supervising student teachers;
(p) Teaching dual enrollment courses;
(q) Teaching advanced placement courses;
(r) Teachers who have attained additional endorsements, which may account for multiple benchmark achievements;
(s) Serving in a leadership position such as Grade Chair, Team Leader, or Leader of a Professional Learning Community;
(t) Being absent no more than five (5) days per contract year, other than being absent for school-related activities;
(u) Being certified in a critical subject shortage area, including:
(i) Special Education;
(ii) Mathematics;
(iii) Biology;
(iv) Chemistry;
(v) Physics; and
(vi) French, German or Spanish; and
(v) Teaching courses that align with end-of-course subject area tests.
All certifications, memberships, affiliations with approved professional organizations, and assumption of additional teacher service duties outside of classroom instruction shall be verified upon a form developed by the State Department of Education, to be accompanied by necessary documentation evidencing such achievements, and which shall be signed by the principal of the school in which the teacher is employed. Any teacher shall be limited to only one (1) increase to the minimum base salary without regard to the number of benchmarks achieved in excess of the three (3) required under this subsection. Teachers with less than five (5) years of teaching experience shall not be eligible for pay for benchmark achievements. Any teacher achieving the necessary benchmarks to qualify for the prescribed increase to the teacher's minimum base salary shall only be entitled to the increase provided to such teacher in the year that the benchmark is achieved and years subsequent thereto. No teacher shall be compensated retroactively for years in which the necessary benchmarks were not achieved once it has been determined and verified that such teacher has achieved the minimum number of benchmarks required to receive the salary increase.
All licensed classroom teachers employed by a local school district on a full-time basis who spend a majority of the school day working in a nonadministrative capacity shall be paid a minimum salary in accordance with the above scale. In addition, all full-time licensed or certified librarians, guidance counselors, speech language pathologists and audiologists, certified academic language therapists and other licensed or certified school personnel who are employed by a local school district and spend a majority of the school day working in a nonadministrative capacity shall be paid a minimum salary in accordance with the above scale. However, no school district shall receive any funds under this section for any school year during which the local supplement paid to any individual teacher shall have been reduced to a sum less than that paid to that individual teacher for performing the same duties from local supplement during the immediately preceding school year. The amount actually spent for the purposes of group health and/or life insurance shall be considered as a part of the aggregate amount of local supplement but shall not be considered a part of the amount of individual local supplement.
* * *
2009-2010 School Year and School Years Thereafter
Annual Increments
For teachers holding a Class AAAA license, the minimum base pay specified in this subsection shall be increased by the sum of Seven Hundred Ninety-four Dollars ($794.00) for each year of teaching experience possessed by the person holding such license until such person shall have thirty-five (35) years of teaching experience.
For teachers holding a Class AAA license, the minimum base pay specified in this subsection shall be increased by the sum of Seven Hundred Twenty-seven Dollars ($727.00) for each year of teaching experience possessed by the person holding such license until such person shall have thirty-five (35) years of teaching experience.
For teachers holding a Class AA license, the minimum base pay specified in this subsection shall be increased by the sum of Six Hundred Sixty Dollars ($660.00) for each year of teaching experience possessed by the person holding such license until such person shall have thirty-five (35) years of teaching experience.
For teachers holding a Class A license, the minimum base pay specified in this subsection shall be increased by the sum of Four Hundred Ninety-five Dollars ($495.00) for each year of teaching experience possessed by the person holding such license until such person shall have thirty-five (35) years of teaching experience.
The level of professional training of each teacher to be used in establishing the salary allotment for the teachers for each year shall be determined by the type of valid teacher's license issued to those teachers on or before October 1 of the current school year. Provided, however, that school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided above in Section 37-19-7 shall not be applicable to any such retired certificated employee.
(2) (a) The following employees shall receive an annual salary supplement in the amount of Six Thousand Dollars ($6,000.00), plus fringe benefits, in addition to any other compensation to which the employee may be entitled:
(i) Any licensed teacher who has met the requirements and acquired a Master Teacher certificate from the National Board for Professional Teaching Standards and who is employed by a local school board or the State Board of Education as a teacher and not as an administrator. Such teacher shall submit documentation to the State Department of Education that the certificate was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the teacher shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year.
(ii) A licensed nurse who has met the requirements and acquired a certificate from the National Board for Certification of School Nurses, Inc., and who is employed by a local school board or the State Board of Education as a school nurse and not as an administrator. The licensed school nurse shall submit documentation to the State Department of Education that the certificate was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school nurse shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. Provided, however, that the total number of licensed school nurses eligible for a salary supplement under this subparagraph (ii) shall not exceed thirty-five (35).
(iii) Any licensed school counselor who has met the requirements and acquired a National Certified School Counselor (NCSC) endorsement from the National Board of Certified Counselors and who is employed by a local school board or the State Board of Education as a counselor and not as an administrator. Such licensed school counselor shall submit documentation to the State Department of Education that the endorsement was received prior to October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed school counselor shall submit such documentation to the State Department of Education prior to February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, any school counselor who started the National Board for Professional Teaching Standards process for school counselors between June 1, 2003, and June 30, 2004, and completes the requirements and acquires the Master Teacher certificate shall be entitled to the master teacher supplement, and those counselors who complete the process shall be entitled to a one-time reimbursement for the actual cost of the process as outlined in paragraph (b) of this subsection.
(iv) Any licensed speech-language pathologist and audiologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association and any certified academic language therapist (CALT) who has met the certification requirements of the Academic Language Therapy Association and who is employed by a local school board or is employed by a state agency under the State Personnel Board. The licensed speech-language pathologist and audiologist and certified academic language therapist shall submit documentation to the State Department of Education that the certificate or endorsement was received before October 15 in order to be eligible for the full salary supplement in the current school year, or the licensed speech-language pathologist and audiologist and certified academic language therapist shall submit the documentation to the State Department of Education before February 15 in order to be eligible for a prorated salary supplement beginning with the second term of the school year. However, the total number of certified academic language therapists eligible for a salary supplement under this paragraph (iv) shall not exceed twenty (20).
(b) An employee shall be reimbursed one (1) time for the actual cost of completing the process of acquiring the certificate or endorsement, excluding any costs incurred for postgraduate courses, not to exceed Five Hundred Dollars ($500.00) for a school counselor or speech-language pathologist and audiologist, regardless of whether or not the process resulted in the award of the certificate or endorsement. A local school district or any private individual or entity may pay the cost of completing the process of acquiring the certificate or endorsement for any employee of the school district described under paragraph (a), and the State Department of Education shall reimburse the school district for such cost, regardless of whether or not the process resulted in the award of the certificate or endorsement. If a private individual or entity has paid the cost of completing the process of acquiring the certificate or endorsement for an employee, the local school district may agree to directly reimburse the individual or entity for such cost on behalf of the employee.
(c) All salary supplements, fringe benefits and process reimbursement authorized under this subsection shall be paid directly by the State Department of Education to the local school district and shall be in addition to its minimum education program allotments and not a part thereof in accordance with regulations promulgated by the State Board of Education. Local school districts shall not reduce the local supplement paid to any employee receiving such salary supplement, and the employee shall receive any local supplement to which employees with similar training and experience otherwise are entitled.
(d) The State Department of Education may not pay any process reimbursement to a school district for an employee who does not complete the certification or endorsement process required to be eligible for the certificate or endorsement. If an employee for whom such cost has been paid, in full or in part, by a local school district or private individual or entity fails to complete the certification or endorsement process, the employee shall be liable to the school district or individual or entity for all amounts paid by the school district or individual or entity on behalf of that employee toward his or her certificate or endorsement.
(3) (a) Effective July 1, 2007, if funds are available for that purpose, the Legislature may authorize state funds for additional base compensation for teachers holding licenses in critical subject areas or the equivalent and who teach at least a majority of their courses in a critical subject area, as determined by the State Board of Education.
(b) Effective July 1, 2007, if funds are available for that purpose, the Legislature may authorize state funds for additional base compensation for teachers employed in a public school district located in a geographic area of the state designated as a critical teacher shortage area by the State Board of Education.
(4) (a) This * * * subsection shall be known and
may be cited as the "Mississippi Performance-Based Pay (MPBP)" plan.
In addition to the minimum base pay described in subsection (1) of this
section, only after full funding of MAEP and if funds are available for that
purpose, the State of Mississippi may provide monies from state funds to school
districts for the purposes of rewarding certified teachers, administrators and
nonlicensed personnel at individual schools showing improvement in student test
scores. The MPBP plan shall be developed by the State Department of Education
based on the following criteria:
(i) It is the
express intent of this * * *
subsection that the MPBP plan shall utilize only existing standards of
accreditation and assessment as established by the State Board of Education.
(ii) To ensure
that all of Mississippi's teachers, administrators and nonlicensed personnel at
all schools have equal access to the monies set aside in this * * * subsection, the MPBP program
shall be designed to calculate each school's performance as determined by the
school's increase in scores from the prior school year. The MPBP program shall
be based on a standardized scores rating where all levels of schools can be
judged in a statistically fair and reasonable way upon implementation. At the
end of each year, after all student achievement scores have been standardized,
the State Department of Education shall implement the MPBP plan.
(iii) To ensure all teachers cooperate in the spirit of teamwork, individual schools shall submit a plan to the local school district to be approved before the beginning of each school year beginning July 1, 2008. The plan shall include, but not be limited to, how all teachers, regardless of subject area, and administrators will be responsible for improving student achievement for their individual school.
(b) The State Board of Education shall develop the processes and procedures for designating schools eligible to participate in the MPBP. State assessment results, growth in student achievement at individual schools and other measures deemed appropriate in designating successful student achievement shall be used in establishing MPBP criteria. The State Board of Education shall develop the MPBP policies and procedures and report to the Legislature and Governor by December 1, 2006.
(5) (a) Beginning in the 2008-2009 school year, if funds are available for that purpose, each school in Mississippi shall have mentor teachers, as defined by Sections 37-9-201 through 37-9-213, who shall receive additional base compensation provided for by the State Legislature in the amount of One Thousand Dollars ($1,000.00) per each beginning teacher that is being mentored. The additional state compensation shall be limited to those mentor teachers that provide mentoring services to beginning teachers. For the purposes of such funding, a beginning teacher shall be defined as any teacher in any school in Mississippi that has less than one (1) year of classroom experience teaching in a public school. For the purposes of such funding, no full-time academic teacher shall mentor more than two (2) beginning teachers.
(b) To be eligible for this state funding, the individual school must have a classroom management program approved by the local school board.
(6) Effective with the 2014-2015 school year, the school districts participating in the Pilot Performance-Based Compensation System pursuant to Section 37-19-9 may award additional teacher and administrator pay based thereon.
(7) The State Board of Education shall develop and provide to each school district a supplemental employment contract to serve as an addendum to the original employment contract between the district and licensed professionals hired by the district and compensated in accordance with the salary schedule established under subsection (1) of this section, for purposes of modifying the salary received by each qualifying teacher, effective beginning on January 1, 2015.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.