Race to the Top for Student Success: SB 736

How SB 736 impacts you and your profession

  • Reforms teacher evaluations;
  • Ends Professional Service Contracts for new teachers hired after July 1, 2011;
  • Creates 2 pay schedules after July 1, 2014: “Performance” and “Grandfathered” Pay Schedules;
  • Eliminates pay supplements for advanced degrees out of certification area;
  • Ends “last-in-first-out” for reduction in force decisions;


  • The bill requires school districts to set up new evaluation systems that rate ALL teachers as “highly effective,” “effective,” “needs improvement” or “unsatisfactory” beginning with the 2011-12 school year. By 2014, at least 50% of the new evaluation must be based on student learning gains.
  • EVERY teacher will now be evaluated using the new evaluation criteria. Teachers who are rated unsatisfactory two consecutive or two out of three years will be placed on an annual contract, then terminated if there is no improvement.


Teachers with Continuing or Professional Service Contracts will keep their contractual status unless they: 

  1. Take a job outside the district where they currently teach;
  2. Take an unapproved leave;
  3. Have 2 consecutive years of unsatisfactory ratings, 2 unsatisfactory ratings within a 3-year period, or 3 consecutive ratings of needs improvement or combination of needs improvement and unsatisfactory;
  4. Move from the “grandfathered pay schedule” to the “performance pay schedule”;
  • Positions, qualifications and nominations: A principal may refuse the placement or transfer of instruction personnel in filling a vacancy unless the instructional personnel has a performance rating of “effective” or “highly effective”.
  • Reduction in Force (RiF): Decisions to retain will be based on performance with primary consideration given to those employees within the affected area whose students’ growth in learning is greater.
  • Local tenure laws: Repeals any special act or general law of local application (Duval, Hillsborough and Volusia).
  • Teachers hired after July 1, 2011
  1. Will be placed on a probationary annual contract for the first year – under which they can be let go without cause;
  2. Will be evaluated at least twice in the first year;
  3. Will only be eligible for an annual contract, even after successful completion of probationary period;
  4. Will not be eligible for Professional Service Contracts;


      Grandfathered Salary Schedule - The current schedule(s) adopted before July 1, 2014

      • Development of the grandfathered salary schedule is subject to collective bargaining;
      • It will establish the basis for paying all school employees hired before July 1, 2014;
      • Employees hired before July 1, 2014 can choose to stay on grandfathered salary schedule or may choose, at any time, to opt into the performance salary schedule but may not return to the grandfathered salary schedule;
      • Choosing to move to the performance salary schedule also means exchanging your continuing contract (CC) or professional services contract (PSC) for an annual contract for the duration of your employment;


                For those choosing to remain on a Grandfathered Schedule, consider the following items:

                • Salary increases cannot be rewarded on seniority;
                • Salary increases must be based on achieving a Effective or Highly Effective evaluation rating;
                • Increases on Grandfathered Schedule cannot be monetarily greater than the 2014 Performance Pay Schedule increases;

                PAY SCHEDULE AFTER 2014

                Performance salary schedule - Effective July 1, 2014

                • Districts must adopt a performance salary schedule which provides adjustments based on performance;
                • Instructional personnel new to the district, returning to the district after a break in service without authorized leave of absence, or appointed for the first time as instructional personnel shall be placed on the performance salary schedule;
                • Instructional personnel on annual contract shall be placed on the performance salary schedule;
                • The performance pay salary increase must be greater than the highest annual salary adjustment available to that individual through any other salary schedule adopted by the school district

                 ADVANCED DEGREES

                On or after July 1, 2011:


                School districts may not use advanced degrees in setting a salary schedule unless the advanced degree is held in the instructional personnel’s area of certification.


                REDUCTION IN FORCE

                The decision to retain a teacher will be based on performance with primary consideration given to those employees within the affected area whose students’ growth in learning is greater – NOT seniority.



                SB 736 does not contain language that affects a teacher’s certificate Issues and circumstances that impact certification are found in Florida Statutes 1012.315, 1012.56 and 1012.795.



                For more information regarding SB 736, contact your local union or FEA at (888)807-8007.


                View the 736 frequently Asked Questions













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