702
KAR 3:310. Differentiated compensation.
RELATES TO: KRS
157.075, 157.320, 157.390, 161.1211
STATUTORY
AUTHORITY: KRS 157.075(2)(b)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 157.075(2)(b) requires the Kentucky Board of
Education to define the factors that may be included in a local district
differentiated compensation plan and procedures for the development and
approval of a plan. In addition, KRS 157.075(3)(d) requires the Kentucky Board
of Education to establish criteria for the awarding of grants to promote
development of local district differentiated compensation plans. KRS
157.075(2)(a) requires that plans have one (1) or more of the following
purposes: to recruit and retain teachers in critical shortage areas; to help
reduce the number of emergency certified teachers employed in the district; to
provide incentives to recruit and retain highly skilled teachers to serve in
difficult assignments and hard-to-fill positions; to provide career advancement
opportunities for classroom teachers who voluntarily wish to participate; or to
reward teachers for increasing their skills, knowledge, and instructional
leadership within the district or school. This administrative regulation
establishes the factors that may be included in a plan and specifies the maximum
size of a grant, the application and selection process, the obligation of the
local board of education and the evaluation and data requirements.
Section 1. Factors
that May be Included in a Differentiated Compensation Plan. A local board of
education may adopt a differentiated compensation plan to accomplish the
purposes established in KRS 157.075 to address identified district needs. The
plan shall include one (1) or more of the following factors:
(1) Individual
performance;
(2) Individual
skills;
(3) Knowledge,
which may include:
(a) A major or
minor in the teaching area or an advanced degree in the subject taught;
(b) Completion of
a district-recognized professional development program;
(c) Dual
certification; or
(d) National Board
for Professional Teaching Certification;
(4) School-based
performance;
(5) Multiple
measures of student performance, which may include portfolios of student work;
(6) Assignment to
a specific school or type of school, or to teach a certain subject area, or
group of students, or to diversify the staffing of the school; or
(7) Credit for
professional nonteaching experience or military service.
Section 2.
Procedures for Development and Approval of a Differentiated Compensation Plan.
(1) Prior to adopting a proposal to implement a differentiated compensation
plan, a local board of education shall establish a planning committee if an
employee evaluation component is included and requires any modification to the
district’s evaluation plan for all employees. The committee shall include at
least the following members:
(a) The
superintendent or a designee;
(b) A
representative of the local board of education;
(c) An
instructional supervisor;
(d) The district
finance officer;
(e) A principal;
(f) A teacher;
(g) A parent; and
(h) Other members
identified by the local board.
(2) The planning
committee shall develop or review the differentiated compensation proposal and
provide feedback to the superintendent.
(3) Prior to
adopting a proposal to implement a differentiated compensation plan, a local
board of education shall provide an opportunity for all potentially affected
employees to respond in writing or at a public hearing. Written notice to
employees that the board plans to consider a differentiated compensation
proposal matter shall occur at least thirty (30) days before final action is
taken.
(4) To be
approved, a differentiated compensation plan shall address the following
criteria:
(a) Employee
participation in any career advancement initiative shall be voluntary;
(b) Each certified
employee of a like group who elects to participate in the differentiated
compensation plan shall be treated in a similar manner. This may include
applicants for a certain type of position, teachers assigned to a certain
school or group of schools or certain grade level, or teachers who maintain a
certain certificate;
(c) Any
compensation earned under a differentiated compensation plan shall be in
addition to the amount the employee is paid under the district single salary
schedule and shall be coded separately in the district’s accounting system;
(d) Any evaluation
of performance to be rewarded shall be measurable and the measurement method
shall be valid based on a systematic plan to collect data by the district; and
(e) The local
board shall annually review the plan and make revisions if necessary.
(5) Upon adoption
of a differentiated compensation plan, the local board shall submit the board
minutes and the proposal to the commissioner of education for consideration of
approval.
Section 3.
Differentiated Compensation Grant Program. (1) The purpose of a grant shall be
to provide resources to local districts to plan and implement a differentiated
compensation plan. These grants may be for up to $200,000 each fiscal year. The
local board of education shall be required to make a substantial financial
contribution and have a clear methodology for evaluation of the program. The
local district shall advise each program participant in writing of the
conditions under which the individual’s differentiated compensation may be
discontinued. Second year funding shall be contingent upon evaluation, meeting
all agreements, timelines, and reporting requirements included in the first
year’s plan and the availability of funds.
(2) The Department
of Education shall solicit grant proposals through a request for proposals. The
proposal shall include the following components:
(a) The purpose of
the plan, rationale and expected results. The application shall describe how
the plan promotes the district’s goals and needs and include data to support
the need. If the proposal includes a classroom mentor, teaching partner, or
professional development leader, a district may also apply for Professional
Development Leadership and Mentor Funds as established in KRS 157.390 and 704
KAR 3:500 as part of the proposal if funds are available. In order to qualify
for these funds, the proposal shall include a project designed to improve
instruction for all students in a school in the focus core area, designate a position
eligible for additional compensation up to $10,000, provide for the
individual’s professional development, and evaluate the results;
(b) The number of
students affected and the impact on those students;
(c) The number of
staff potentially affected;
(d) Implementation
plan and timeline;
(e) A proposed
budget and district’s capacity to fully implement the plan; and
(f) An evaluation
of the effectiveness of the plan.
(3) The
commissioner of education shall appoint a panel of educators knowledgeable
about finance and evaluation to review all applications for funding based on
the following criteria:
(a) Description of
the rationale;
(b) Effectiveness
of the model;
(c) Level of
commitment of the local board and the district;
(d) The district’s
capacity to fully implement the plan;
(e) Quality of the
plan to evaluate results of the project; and
(f) Efficiency and
effectiveness of the budget.
(4) After consideration of the
criteria established in subsection (3) of this section, the purpose of the compensation
plan may be considered so as to provide comprehensive information about different
types of differentiated compensation plans. (29 Ky.R. 1436; Am. 1840; 2093;
eff. 2-3-03.)