UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A STATEWIDE PAY SCHEDULE FOR MONTANA PUBLIC SCHOOL TEACHERS OR SPECIALISTS WHO ARE CERTIFIED AS CLASS 1, CLASS 2, CLASS 4, OR CLASS 5 OR FOR THOSE IDENTIFIED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION AS BEING CERTIFIED AS CLASS 6 OR CLASS 7; REQUIRING FOR THE SCHOOL FISCAL YEAR 2008 THAT THE STATE PAY THE DIFFERENCE FOR A SCHOOL DISTRICT WHOSE CURRENT BASE SALARY IS LOWER THAN THE STATUTORILY CREATED BASE; PROVIDING AN EXCEPTION FOR HIGHER BASE SALARIES ESTABLISHED THROUGH COLLECTIVE BARGAINING; REVISING THE GENERAL FUND BUDGET LIMITATIONS; PROVIDING FOR LONGEVITY INCREASES; AMENDING SECTION 20-9-308, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Certified teacher and specialist pay schedule. (1) (a) Except as provided in subsection (3), effective for the school fiscal year beginning July 1, 2007, a school district shall, at a minimum, pay each teacher or specialist who is certified as class 1, class 2, class 4, or class 5 or pay each teacher or specialist identified by the superintendent of public instruction as being certified as class 6 or class 7, as follows:
MA MA+10 MA+20 MA+30/PHD
Step BA BA+10 BA+20 BA+30 BA+40 BA+50 BA+60 BA+70 BA+80 BA+90
1 31,386 32,641 33,947 35,305 36,717 38,186 39,713 41,302 42,954 44,672
2 32,328 33,621 34,966 36,364 37,819 39,331 40,905 42,541 44,243 46,012
3 33,297 34,629 36,014 37,455 38,953 40,511 42,132 43,817 45,570 47,393
4 34,296 35,668 37,095 38,579 40,122 41,727 43,396 45,132 46,937 48,814
5 35,325 36,738 38,208 39,736 41,326 42,979 44,698 46,486 48,345 50,279
6 37,840 39,354 40,928 42,565 44,268 46,039 47,880 49,795 51,787
7 38,976 40,535 42,156 43,842 45,596 47,420 49,317 51,289 53,341
8 40,145 41,751 43,421 45,158 46,964 48,842 50,796 52,828 54,941
9 41,349 43,003 44,723 46,512 48,373 50,308 52,320 54,413 56,589
10 42,590 44,293 46,065 47,908 49,824 51,817 53,890 56,045 58,287
11 49,345 51,319 53,371 55,506 57,726 60,036
12 50,825 52,858 54,972 57,171 59,458 61,837
13 54,444 56,622 58,887 61,242 63,692
14 56,077 58,320 60,653 63,079 65,602
15 60,070 62,473 64,972 67,571
(b) For a school district whose base teacher or specialist salary is less than the base mandated in subsection (1)(a), the state, for the school fiscal year beginning July 1, 2007, shall pay the difference between the district's base salary and the minimum base salary provided in subsection (1)(a), including benefits.
(2) Effective for school fiscal years beginning on or after July 1, 2008, a school district shall pay the base salary provided in subsection (1)(a) or (3) multiplied by the rate of increase in the consumer price index, for all urban consumers, as published by the U.S. department of labor, bureau of labor statistics, for the preceding December-to-December period.
(3) If a collective bargaining agreement establishes a higher base salary than the base established in subsection (1)(a) or (2), the district shall pay the base established through collective bargaining.
(4) (a) In addition to the compensation provided for in subsection (1)(a), (2), or (3), the state shall for the school fiscal year beginning July 1, 2007, pay each certified teacher or specialist who has completed 20 years of credited service recognized by the Montana teachers' retirement system 5% of the employee's base salary.
(b) For the school fiscal year beginning July 1, 2007, in addition to the longevity allowance provided under subsection (4)(a), the state shall pay each teacher or specialist who has completed 25 years of credited service recognized by the Montana teachers' retirement system an additional 3% of the employee's base salary.
(5) In addition to the base salary provided in subsection (1)(a), (2), or (3) and the longevity increases provided in subsection (4), the state shall pay to each qualified teacher or specialist a:
(a) $1,000 annual stipend to each teacher or specialist holding a master's or doctoral degree;
(b) $2,000 annual stipend to each teacher or specialist for national certification during the term of certification;
(c) $1,000 semester student-teacher advisership stipend; and
(d) $1,000 annual stipend plus 3 days release time for a personal instruction committee assignment.
(6) The office of public instruction shall administer payments to school districts authorized under this section.
(7) As used in this section, the following definitions apply:
(a) "B.A." means baccalaureate degree.
(b) "BA +" means the number of credits earned since receiving the B.A.
(c) "Credits" means college semester hour credits and equivalent inservice credits.
(d) "MA" means master's degree.
(e) "MA +" means the number of credits earned since receiving the MA.
(f) "PhD" means a doctorate degree.
Section 2. Section 20-9-308, MCA, is amended to read:
"20-9-308. (Temporary) BASE budgets and maximum general fund budgets. (1) The trustees of a district shall adopt a general fund budget that is at least equal to the BASE budget established for the district and, except as provided in subsection (3), does not exceed the maximum general fund budget established for the district.
(2) Whenever the trustees of a district adopt a general fund budget that exceeds the BASE budget for the district but does not exceed the maximum general fund budget for the district, the trustees shall submit a proposition to the electors of the district, as provided in 20-9-353.
(3) (a) (i) Except as provided in subsections subsection (3)(a)(ii) and (3)(b), the trustees of a school district whose previous year's general fund budget exceeds the current year's maximum general fund budget amount may adopt a general fund budget up to the maximum general fund budget amount or the previous year's general fund budget, whichever is greater. Except as provided in subsection (3)(b), a school district may adopt a budget under the criteria of this subsection (3)(a)(i) for a maximum of 5 consecutive years, but the trustees shall adopt a plan to reach the maximum general fund budget by no later than the end of the 5-year period.
(ii) Except as provided in subsection (3)(b), the The trustees of a district whose general fund budget was above the maximum general fund budget established by Chapter 38, Special Laws of November 1993, and whose general fund budget has continued to exceed the district's maximum general fund budget in each school fiscal year after school fiscal year 1993 2008 may continue to adopt a general fund budget that exceeds the maximum general fund budget. However, except for the state money distributed to a district for teacher and specialist salaries pursuant to [section 1], the budget adopted for the current year may not exceed the lesser of:
(A) the adopted budget for the previous year; or
(B) the district's maximum general fund budget for the current year plus the over maximum budget amount adopted for the previous year.
(b) A school district that adopted a general fund budget over its maximum general fund budget under any provision of subsection (3)(a) at any time between fiscal year 2001 and fiscal year 2005 may, for fiscal year 2006 and fiscal year 2007, adopt the greater of its maximum general fund budget or the highest actual budget adopted between fiscal year 2001 and fiscal year 2005.
(c)(b) Except as provided in 20-9-353(8), the Excluding the amount of state money distributed to the district for teacher and specialist salaries pursuant to [section 1], the trustees of the district shall submit a proposition to raise any general fund budget amount that is in excess of the maximum general fund budget for the district to the electors who are qualified under 20-20-301 to vote on the proposition, as provided in 20-9-353.
(4) The BASE budget for the district must be financed by the following sources of revenue:
(a) state equalization aid, as provided in 20-9-343, including any guaranteed tax base aid for which the district may be eligible, as provided in 20-9-366 through 20-9-369;
(b) county equalization aid, as provided in 20-9-331 and 20-9-333;
(c) a district levy for support of a school not approved as an isolated school under the provisions of 20-9-302;
(d) payments in support of special education programs under the provisions of 20-9-321;
(e) nonlevy revenue, as provided in 20-9-141; and
(f) a BASE budget levy on the taxable value of all property within the district.
(5) The over-BASE budget amount of a district must be financed by a levy on the taxable value of all property within the district or other revenue available to the district, as provided in 20-9-141. (Terminates June 30, 2007--sec. 3, Ch. 190, L. 2005; sec. 25(2), Ch. 462, L. 2005.)
20-9-308. (Effective July 1, 2007) BASE budgets and maximum general fund budgets. (1) The trustees of a district shall adopt a general fund budget that is at least equal to the BASE budget established for the district and, except as provided in subsection (3), does not exceed the maximum general fund budget established for the district.
(2) Whenever the trustees of a district adopt a general fund budget that exceeds the BASE budget for the district but does not exceed the maximum general fund budget for the district, the trustees shall submit a proposition to the electors of the district, as provided in 20-9-353.
(3) (a) (i) Except as provided in subsection (3)(a)(ii), the trustees of a school district whose previous year's general fund budget exceeds the current year's maximum general fund budget amount may adopt a general fund budget up to the maximum general fund budget amount or the previous year's general fund budget, whichever is greater. A school district may adopt a budget under the criteria of this subsection (3)(a)(i) for a maximum of 5 consecutive years, but the trustees shall adopt a plan to reach the maximum general fund budget by no later than the end of the 5-year period. A school district whose adopted general fund budget for the previous year exceeds the maximum general fund budget for the current year and whose ANB for the previous year exceeds the ANB for the current year by 30% or more shall reduce its adopted budget by:
(A) in the first year, 20% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(B) in the second year, 25% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(C) in the third year, 33.3% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year;
(D) in the fourth year, 50% of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year; and
(E) in the fifth year, the remainder of the range between the district's adopted general fund budget for the previous school fiscal year and the maximum general fund budget for the current school fiscal year.
(ii) The trustees of a district whose general fund budget was above the maximum general fund budget established by Chapter 38, Special Laws of November 1993, and whose general fund budget has continued to exceed the district's maximum general fund budget in each school fiscal year after school fiscal year 1993 2008 may continue to adopt a general fund budget that exceeds the maximum general fund budget. However, except for the state money distributed to a district for teacher and specialist salaries pursuant to [section 1], the budget adopted for the current year may not exceed the lesser of:
(A) the adopted budget for the previous year; or
(B) the district's maximum general fund budget for the current year plus the over maximum budget amount adopted for the previous year.
(b) The Excluding the amount of state money distributed to the district for teacher and specialist salaries pursuant to [section 1], the trustees of the district shall submit a proposition to raise any general fund budget amount that is in excess of the maximum general fund budget for the district to the electors who are qualified under 20-20-301 to vote on the proposition, as provided in 20-9-353.
(4) The BASE budget for the district must be financed by the following sources of revenue:
(a) state equalization aid, as provided in 20-9-343, including any guaranteed tax base aid for which the district may be eligible, as provided in 20-9-366 through 20-9-369;
(b) county equalization aid, as provided in 20-9-331 and 20-9-333;
(c) a district levy for support of a school not approved as an isolated school under the provisions of 20-9-302;
(d) payments in support of special education programs under the provisions of 20-9-321;
(e) nonlevy revenue, as provided in 20-9-141; and
(f) a BASE budget levy on the taxable value of all property within the district.
(5) The over-BASE budget amount of a district must be financed by a levy on the taxable value of all property within the district or other revenue available to the district, as provided in 20-9-141."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 20, chapter 4, and the provisions of Title 20, chapter 4, apply to [section 1].
NEW SECTION. Section 4. Contingent voidness. If House Bill No. 2 does not contain appropriations to pay for state costs incurred in paying the difference in base salary for school fiscal year 2008 and for required longevity payments and state stipends and if accompanying legislation does not provide school districts with an increase in budget authority, then [this act] is void.
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 2007.
- END -
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