§ 38–1834.01. Public Charter School Teacher Compensation for School Year 2023-2024.

(a) For School Year 2023-2024, the Office of the State Superintendent of Education ("OSSE") shall make direct payments in a total amount of $73,572,698 from the Workforce Investments Account to public charter LEAs for the purpose of:

(1) Increasing compensation retroactively at a rate of 7.6% over a public charter LEA's School Year 2022-2023 pay scale for teachers whom a public charter LEA employed as of October 5, 2022, and who remain employed by the LEA as of September 1, 2023;

(2) Increasing compensation prospectively at a rate of 12.5% over a public charter LEA's School Year 2019-2020 pay scale for teachers whom an LEA employs as of September 1, 2023; and

(3) If funds remain after making payments to increase teacher compensation pursuant to paragraphs (1) and (2) of this subsection, increasing compensation for school-based educators and support staff.

(b) OSSE may issue payments authorized pursuant to subsection (a) of this section beginning July 1, 2023.

(1) The public charter LEA's School Year 2019-2020 pay scale by steps and grades, if applicable, or the minimum, average, and maximum salaries for teachers in School Year 2019-2020.

(2) The total amount the public charter LEA spent on teacher salaries in School Year 2022-2023;

(3) The public charter LEA's School Year 2023-2024 teacher pay scale by steps and grades and number of teachers in each step and grade or, if applicable, the LEA's School Year 2023-2024 minimum, average, and maximum salaries for teachers and number of teachers, which shall demonstrate a 12.5% increase between School Year 2019-2020 and School Year 2023-2024 ranges, and documentation that it has publicly posted the pay scale;

(4) If a public charter LEA does not have a teacher pay scale, a signed assurance from the public charter LEA's Chief Executive Officer or Head of School that it will develop and publicly post a teacher pay scale by steps and grades by May 1, 2024, to be implemented in School Year 2024-2025;

(5) A signed assurance from the public charter LEA's Chief Executive Officer or Head of School that:

(A) The School Year 2023-2024 teacher pay scale will be at least 12.5% higher than its School Year 2019-2020 pay scale; and

(B) The public charter LEA will provide the retroactive 7.6% salary increase required pursuant to subsection (a)(1) of this section to all employees who were employed as a teacher as of October 5, 2022, and who remain employed by the public charter LEA, as a teacher or otherwise, as of September 1, 2023;

(d)(1) If, by June 30, 2024, OSSE determines that a public charter LEA that received payments authorized by this section has failed to comply with the provisions of this section or failed to use the money in accordance with the purposes authorized in subsection (a) of this section, the public charter LEA shall return, in a manner specified by OSSE, any portion of the payments determined by OSSE to be in violation of the requirements of this section, regardless of whether the public charter LEA disbursed the funding; except, that a public charter LEA may not require teachers to return any compensation they received from payments made under this section.

(2) OSSE shall provide the public charter LEA with an opportunity to cure the violation prior to requiring repayment.

(e) For the purposes of this section, the term:

(1) "Public charter LEA" means an individual or a group of public charter schools operating under a single charter.

(2) "Teacher" means a school-based employee who provides instruction in a core or non-core academic subject, and includes general or special education teachers instructing students in the core subject areas of English language arts, math, science, and social studies, as well as non-core subjects such as arts, foreign language, and physical education, but excludes student support professionals such as speech therapists or social workers, counselors, librarians, coaches, principals, special education coordinators, program coordinators, deans, office staff, custodians, or any other non-instructional personnel.