Bill Summary for S 354 (2019-2020)

Summary date: 

Oct 30 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 354 (Public) Filed Monday, March 25, 2019
AN ACT, CONSISTENT WITH HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN PUBLIC SCHOOL PERSONNEL AND, CONTINGENT UPON THE PASSAGE OF HOUSE BILL 966 OF THE 2019 REGULAR SESSION, TO APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS. APPROPRIATE FUNDS FOR LEGISLATIVELY MANDATED COMPENSATION INCREASES FOR CERTAIN EDUCATIONAL EMPLOYEES AND INCREASED FUNDING FOR TUITION GRANTS FOR GRADUATES OF THE NORTH CAROLINA SCHOOL OF SCIENCE AND MATHEMATICS.
Intro. by Ballard, Edwards, Harrington.

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Bill summary

Conference report deletes the provisions of the 4th edition and now provides the following.

Part I.

Provides that the Part provides for compensation of certain public school employees in accordance with HB 966 in the event that act does not become law.

Appropriates from the General Fund for the 2019-21 fiscal biennium $74,218,772 and $119,137,544 for the 2019-20 and 2020-21 fiscal years to provide legislatively mandated compensation increases for public school employees authorized by the Part. Makes allocations in specified amounts for specified entities for the 2019-20 and 2020-21 fiscal years, providing for recurring and nonrecurring amounts.

Deems departmental receipts appropriated for the fiscal biennium up to the amounts needed to implement the salary increases provided for each year.

Sets forth the "A" Teacher Salary Schedule  for the 2019-20 fiscal year for licensed personnel of public schools who are classified as teachers, based on years of experience, ranging from $3,500 to $5,260. Additionally sets forth salary supplements for licensed teachers who have NBPTS certification (12%), are classified as "M" teachers (10%), have licensure based on academic preparation at the six-year degree level ($126 over the supplement provided to "M" teachers), have licensure based on academic preparation at the doctoral degree level ($253 over the supplement provided to "M" teachers), certified nurses (10%), and certified school counselors ($80), as specified.

Requires that the first step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be equivalent to the sixth step of the "A" salary schedule. Provides for a 10% salary supplement. Deems these employees eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level.

Requires that the twenty-sixth step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher, must be 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule.

Provides that in lieu of the amounts of annual longevity payments to teachers paid on the teacher salary schedule, beginning with the 2014-15 fiscal year, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.

Details teacher compensation for the 2019-20 school year based on either the applicable salary schedule or whether the teacher was eligible for longevity pay for the 2013-14 school year, with the compensation amount determined to be the greater amount. Provides that teacher includes instructional support personnel.

States the legislative intent to implement the specified Teacher Monthly Salary Schedule for the 2020-21 fiscal year, applicable to licensed personnel of public schools who are classified as teachers, which provides for base salary based on years of experience, ranging from $3,500 to $5,310. 

Requires a highly qualified graduate employed by a local board of education to receive a monthly salary supplement at the highest qualifying level for the 2019-21 fiscal biennium. Defines highly qualified graduate to mean an individual entering the teaching profession and hired on or after July 1, 2019, who has graduated from an approved educator preparation program located in the state and meets specified GPA and assessment score criteria. Details salary supplement amounts and provides increased amounts for teachers initially employed in low-performing schools and those licensed and employed to teach in the areas of special education, science, technology, engineering, or mathematics. Limits the scope of the provisions to highly qualified graduates hired on or after July 1, 2019, and entering the teaching profession in the 2019-21 fiscal biennium. 

Directs the Department of Public Instruction (DPI) to administer a one-time, lump sum bonus of $500 by November 30, 2019, for any licensed teacher of the public schools who, as of November 1, 2019, is employed as a teacher and has 25 years of teaching experience. Clarifies this bonus is in addition to other wages and bonus the teacher receives or is scheduled to receive. Deems the bonus is not compensation under the State Teachers' and State Employees' Retirement System (TSERS). Defines teacher to include instructional support personnel. States the legislative intent to require DPI to administer another one-time, lump sum bonus of $500 by October 31, 2020, for any licensed teacher of the public schools who, as of October 1, 2020, is employed as a teacher and has 25 or more years of teaching experience.

Provides that for the 2019-20 fiscal year, assistant principals are to receive a monthly salary based on the "A" teacher salary schedule plus 19%, with placement based on total years of experience as a certified employee of the public schools. Deems an administrator with a one-year provisional assistant principal's certificate equivalent to an assistant principal. 

Requires assistant principals with certification based on academic preparation at the six-year degree level to be paid a salary supplement of $126 per month, and at the doctoral degree level to be paid a salary supplement of $253 per month.

Provides for a 10-month stipend for participants in an approved full-time master's in-school administration program. Details limitations and required certification.

Provides that in lieu of the amounts of annual longevity payments to assistant principals paid on the assistant principal salary schedule, beginning with the 2017-18 fiscal year, the amounts of those longevity payments are included in the monthly amounts provided to assistant principals pursuant to the act. 

Details assistant principal compensation for the 2019-20 school year based on either the applicable salary determined by the act or whether the principal was eligible for longevity pay for the 2016-17 fiscal year, with the compensation amount determined to be the greater amount.

Mandates a legislative salary increase of 1% for the 2019-20 fiscal year for superintendents, assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers (collectively: administrators) whose salaries are supported by the State. States the legislative intent to provide another legislatively mandated salary increase of 1% for administrators in the 2020-21 fiscal year, beginning July 1, 2020.

Sets forth monthly salary maximums for the 2019-20 fiscal year for assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance directors, ranging from $6,697 to $8,951. Requires local boards to place each administrator in the appropriate category and within funds appropriated. Requires the category to be included in the employee's contract. Sets forth monthly salary maximums for the 2019-20 fiscal year for superintendents, ranging from $9,488 to $11,978. Requires local boards to place each administrator in the appropriate category and within funds appropriated.

Requires longevity pay for administrators to be as provided for State employees under the NC Human Resources Act.

Requires administrators with certification based on academic preparation at the six-year degree level to receive a monthly salary supplement of $126. Requires administrators with certification based on academic preparation at the doctoral degree level to receive a monthly salary supplement of $253.

Prohibits the State Board of Education (State Board) from permitting local school administrative units from transferring State funds from other funding categories for salaries for public school central office administrators. 

States the legislative intent to apply the schedule of monthly salary maximums set forth for the 2020-21 fiscal year for assistant superintendents, associate superintendents, directors/coordinators, supervisors, and finance officers, ranging from $6,764 to $9,040.

States the legislative intent to apply the schedule of monthly salary maximums set forth for the 2020-21 fiscal year for superintendents, ranging from $9,583 to $12,097.

Establishes a legislatively mandated salary increase of 1% for the 2019-20 fiscal year for noncertified public school employees who are permanent, full-time employees on a 12-month contract, and whose salaries are supported from State funds. Provides for a prorated salary increase for permanent, full-time employees on a 12-month contract; permanent, part-time employees; and temporary and permanent hourly employees. Establishes a legislatively mandated salary increase of 1% for the 2020-21 fiscal year noncertified public school employees who are permanent, full-time employees on a 12-month contract, and whose salaries are supported from State funds. Provides for a prorated salary increase for permanent, full-time employees on a 12-month contract; permanent, part-time employees; and temporary and permanent hourly employees. 

Directs DPI to administer a signing bonus program in the 2019-20 school year to provide bonuses to eligible employees who are employed by an eligible employer and matched on the basis of 1:1, up to $2,000 in State funds. Limits eligible employees to persons who accept employment as a teacher with an eligible employer (defined to mean the governing board of a local unit that received small county school system supplemental funding in the 2018-19 fiscal year) who was not employed by an eligible employer in the 2018-19 fiscal year, and who is employed by the eligible employer as of December 1, 2019. Defines teacher to include instructional support personnel. Prohibits a teacher from receiving future signing bonuses until July 1, 2022; excludes legislative bonuses that are not signing bonuses. Clarifies that the bonuses are in addition to other wages and bonuses, and are not compensation under TSERS.

Repeals the following: Sections 8.8 and 8.9 of SL 2016-94 (regarding the AP/International Baccalaureate Teacher Bonus Pilot Program and the Industry Certifications and Credentials Teacher Bonus Pilot Program); Sections 8.8B (regarding the previously named pilots, the Third Grade Read to Achieve Teacher Bonus Program), 8.8C (regarding the previously named programs), 8.8D (regarding the Fourth and Fifth Grade Reading Teacher Bonus Pilot Program), and 8.8E (regarding the Fourth to Eighth Grade Math Teacher Bonus Pilot Program) of SL 2017-57; Section 2.10 (regarding the previously named programs) of SL 2017-197; and Sections 8.10, 8.11 and 8.12 of SL 2018-5 (all regarding the previously named programs).

Directs the State Board to establish a teacher bonus program for the 2019-21 fiscal biennium. Sets outs defined terms. Provides for the following bonuses, subject to the qualifications provided: a $50 AP course bonus; a qualifying career and technical education (CTE) bonus ranging from $25 to $50; and $2,000 statewide and local EVAAS bonuses (accompanied by a $5 million allocation for each EVAAS bonus type). Details limitations and other qualifying criteria, including bonus caps based on the type of bonus or qualifications. Provides that bonuses awarded are payable to qualifying teachers in January based on data from the previous school year. Clarifies that the bonuses are in addition to other wages and bonuses, and are not compensation under TSERS. Additionally, provides for bonuses for identified teachers, defined as those teachers having qualified for specified teacher bonuses under specified session laws, following bonus compensation in January of 2020 for third grade reading, fourth and fifth grade reading, and fourth to eighth grade math. Details bonus qualification and compensation of identified teachers. Directs the State Board to study the effect of the program on teacher performance and retention and report its findings and the bonuses awards annually to the specified NCGA leaders, committee, and division by March 15. Details required content of the report. Applies to bonuses awarded in January 2020 and 2021, based on the data for the 2018-19 and 2019-20 school years, respectively.

Requires employees of schools operated by the Department of Health and Human Services (DHHS), the Department of Public Safety (DPS), and the State Board who are paid on the Teacher Salary Schedule to be paid as authorized in Part I.

Part II.

Subject to HB 966 becoming law, amends Section 2.1 of that act to adjust the budget requirements and net appropriations set forth for the 2019-21 fiscal biennium in specified amounts for specified departments, institutions, and agencies.

Repeals Section 2.2(a), regarding General Fund availability, of HB 966 if that act becomes law.

Subject to HB 966 becoming law, adds a new subsection to Section 2.2 to set forth the General Fund availability for each year of the 2019-21 fiscal biennium.

Amends Section 2.2(c) of HB 966 if that act becomes law to increase the amounts directed to be transferred to the State Capital and Infrastructure Fund to $1,517,657,170 in 2019-20 (was, $200 million) and $1,338,522,334 in 2020-21 (was, $100 million). Eliminates the qualification that the transferred amounts are in addition to the amounts required under specified state law and instead provides that the amounts are to be transferred notwithstanding any other law to the contrary.

Amends Section 2.2(d) of HB 966 if that act becomes law to increase the amounts directed to be transferred to the Savings Reserve to $86,965,000 in 2019-20 (was, $40 million) and $623,515,000 in 2020-21 (was, $460 million). Eliminates the qualification that the transferred amounts are in addition to the amounts required under specified state law and instead provides that the amounts are to be transferred notwithstanding any other law to the contrary.

Amends Section 7B.1 of HB 966 if that act becomes law to set forth an "A" Teacher Monthly Salary Schedule for the 2020-21 fiscal year, based on years of experience, ranging from $3,500 to $5,260 (previously, only stated the legislative intent to provide the salary schedule for 2020-21, with a maximum range to $5,310). Makes conforming changes to the provisions of Section 7B.1 to make the salary supplements and compensation calculations also applicable to the 2020-21 fiscal year. 

Amends Section 7B.7 of HB 966 if that act becomes law to increase the legislatively mandated salary increase for administrators for the 2019-20 fiscal year from 1% to 2%. Also establishes a 2% legislatively mandated salary increase for administrators for the 2020-21 fiscal year (previously, provided legislative intent of 1% increase for 2020-21). Increases the monthly salary maximums set forth for school administrators (excluded superintendents) for the 2019-20 fiscal year, now ranging from $6,764 to $9,039 (was, $6,697 to $8,951), and establishes a monthly salary maximum for school administrators (excluding superintendents) for the 2020-21 fiscal year, ranging from $6,899 to $9,220 (previously not included). Increases the monthly salary maximums set forth for superintendents for the 2019-20 fiscal year, now ranging from $9,582 to $12,096 (was, $9,488 to $11,978), and establishes a monthly salary maximum for superintendents for the 2020-21 fiscal year, ranging from $9,774 to $12,338 (previously not included). Makes conforming changes to the provisions of Section 7B.7 to eliminate the legislative intent stated for 2020-21 maximum salary schedules for administrators and superintendents. 

Amends Section 7B.8 of HB 966 if that act becomes law to increase the legislatively mandated salary increase for permanent, full-time public school employees on a 12-month contract by 2% rather than 1% for the 2019-20 fiscal year. Also establishes a 2% legislatively mandated salary increase for permanent, full-time employees on a 12-month contract by 2% for the 2020-21 fiscal year (previously, provided legislative intent of 1% increase for 2020-21).

Amends HB 966 if that act becomes law to enact a new section to provide for a one-time, lump sum bonus to any noncertified public school employee whose salary is supported from State funds that is equivalent to 0.5% of that person's salary. Requires administration of the bonus by October 31, 2020. Adds that bonuses are in addition to other wages and bonuses, and are not compensation under TSERS. Excludes from eligibility individuals no longer employed or whose last workday is prior to October 1, 2020.

Amends GS 116-209.90, as enacted by HB 966, if HB 966 becomes law, to allow students who receive initial tuition grants as a cohort of a graduating class of the NC School of Science and Mathematics (NCSSM) to be eligible to apply for tuition grants for subsequent academic years for up to a total of four academic years (previously, limited to the student's first academic year after graduation). Requires a student to be continuously enrolled in a constituent institution after the initial grant award to be eligible for grants in subsequent academic years. Grants the State Education Assistance Authority the discretion to waive this requirements if the student demonstrates that his or her pursuit of a degree is substantially disrupted or interrupted by a military service obligation, serious medical debilitation, short-term or long-term disability, or other extraordinary hardship. Deems students who graduated from NCSSM in 2018-19 and were awarded a tuition grant for the 2019-20 academic year are included in the award of tuition grants under the statute beginning with the 2020-21 academic year.

Subject to HB 966 becoming law, additionally appropriates $69,658,568 for the 2019-20 fiscal year and $175,830,381 for the 2020-21 fiscal year to be allocated in specified amounts and for specified purposes, including public school employee compensation, community college compensation, UNC System employee compensation, and math tuition grants for the NCSSM graduates.

Conditions the above provisions of Part II upon HB 966 becoming law.

Part III.

Defines the scope and application of the legislative salary increases of Part I, excluding from the increases persons no longer employed or whose last workday was prior to June 30, 2019, or June 30, 2020, for the 2019-20 and 2020-21 fiscal years, respectively. Excludes payroll checks issued after July 1, 2019, and July 1, 2020, respectively. Deems Part I of the act to supersede specified state law in the event they conflict.

Part IV.

Subject to HB 966 not becoming law, Part I of the act remains in effect. Subject to HB 966 becoming law, Sections 1.2, 1.3, 1.4, 1.6, 1.7, and 1.8 of this act are repealed, and Sections 7B.3A, 7B.9, and 7B.10 of HB 966 are repealed. 

Repeals Sections 2.1, 2.2, 2.6, and 3.1 of HB 377 (Teacher Step Act) if that act becomes law.

Repeals Section 3.6(b)(3) of HB 111 (2019-21 Base Budget/Certain Agencies) if that act becomes law.

Part V. 

Provides that the act is effective July 1, 2019.

Makes conforming title changes.

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