PURPOSE: This rule provides guidelines for the administration of the minimum salary for public school teachers (section 163.172, RSMo).

1. (1) For the purpose of this rule unless the context clearly requires otherwise, the following terms shall mean:

   1. (A) Eligible teacher—A certificated teacher, counselor or librarian with a salary less than the minimum salary who is employed by a public school district for not more than one (1) full-time equivalency

2. (FTE) and assigned to teach fifty percent (50%) or more of the time in the classroom, in the capacity of a counselor or librarian, or both, shall be considered an eligible teacher for the purpose of this rule. A teaching assignment for adult or postsecondary students including assignments in the librarian/counselor capacities shall not be considered time in the classroom for the purpose of this rule;

   1. (B) Salary—Compensation for regular duties during the school term not to include supplemental pay for extra duties or extended contracts;
   2. (C) Eligible district—A public school district which has adopted a salary schedule that is available to the public in the administrative office of the board of education and to the Department of Elementary and Secondary Education on request which complies with the provisions of this rule as it relates to equitable distribution of other funds for salary purposes;
   3. (D) Minimum salary—Fifteen thousand dollars ($15,000) for the 1986-87 school year; sixteen thousand dollars ($16,000) for the 1987-88 school year; seventeen thousand dollars ($17,000) for the 1988-89 school year; eighteen thousand dollars ($18,000) for the 1989-90 school year; and subsequent years as established by the general assembly. The minimum salary for a fully certified teacher employed on a less than full-time basis shall be prorated to reflect the amounts stated previously; and
   4. (E) Department—Department of Elementary and Secondary Education.
3. (2) Each eligible district shall identify each eligible teacher employed by the district on the forms designated by the department.
4. (3) Participating districts shall continue to provide to all eligible teachers appropriate annual district salary increases from increased revenues received from all other sources other than the minimum salary program.
5. (4) For a district to meet the requirements of section 163.172, RSMo to maintain a regular salary schedule funded by revenues other than those provided through the minimum salary provisions, the district must provide previously eligible teachers whose salaries during the prior year were below the current minimum salary a percentage increase which is at least eighty-eight percent (88%) as large as returning teachers received.
6. (5) To determine whether a district meets the requirements of section (4), the department shall compute from the data reported in the Core Data Collection System—October cycle the average percentage increase of all teachers employed the previous year and compare that percentage increase with the average increase provided to eligible teachers. If the average percentage increase for previously eligible teachers is at least eighty-eight percent (88%) as large as the average percentage increase for all returning teachers, and if the percentage increase for the base salary for beginning teachers is at least fifty-seven percent (57%) as large as the increase for all returning teachers, and if no full-time teacher is paid less than the base salary, and if no part-time teacher is paid less than the full-time equivalency portion of the required salary, the district will have complied with section (4).
7. (6) Section (5) requirements are waived for a district when less than twenty percent (20%) of its full-time teachers are eligible for statepaid minimum salary supplements and when the district’s minimum salary entitlement is less than one percent (1%) of its prior year’s expenditure for certificated salaries.
8. (7) Upon receipt of the data reported in the Core Data Collection System—October cycle and determination of the district’s eligibility, the department will compute the district’s entitlement under section 163.172, RSMo by summing the differences between the district salaries of eligible teachers and the minimum salary.
9. (8) The department will send to each district a list of eligible teachers determined from the Core Data Collection System along with the computation for the minimum salary supplement. The district will verify the list of eligible teachers and certify its accuracy to the commissioner of education within ten (10) days of receipt of the list.
10. (9) Upon receipt of the certified list for districts new to the program and districts with a previous year allocation of ten thousand dollars ($10,000) or less, the department will divide the district’s entitlement by twelve (12) and pay the district the portion equal to the number of months lapsed in the fiscal year and pay the remainder in equal monthly payments according to the number of months remaining in the fiscal year. If the previous year’s allocation was greater than ten thousand dollars ($10,000), unless otherwise advised in writing by the district, the minimum salary supplement shall continue to be paid monthly to the district based on the previous year’s allocation with adjustments made on the current year’s payment subsequent to the district’s certification to the commissioner.
11. (10) Eligible districts receiving a minimum salary supplement monthly shall pay each teacher an amount which when added to the teacher’s salary will provide a pro rata amount of the minimum salary. If staffing changes occur subsequent to the certification of minimum salary supplement entitlement which cause the district to receive more or fewer funds necessary to implement the provisions of section 163.172, RSMo, the department shall be notified when the district certifies its minimum salary for the succeeding year and adjustments will be made.
12. (11) In the event a district does not show appropriate increases in teachers’ salaries or does not pay the minimum as prescribed by law, that district shall not receive any revenues for minimum salary supplement sources until failures have been corrected.

AUTHORITY: section 163.172.3, RSMo Supp. 1990.* This rule was previously filed as 5 CSR 40-660.040. Original rule filed Nov. 25, 1985, effective Feb. 24, 1986. Amended: Filed Dec. 30, 1987, effective April 28, 1988. Amended: Filed Nov. 16, 1990, effective June 10, 1991.

*Original authority: 163.172, RSMo 1985, amended 1986, 1990.