Judges: WINSTON BRYANT, Attorney General
Filed Date: 9/23/1991
Status: Precedential
Modified Date: 7/5/2016
The Honorable Mike Wilson State Representative P.O. Box 5269 Jacksonville, Arkansas 72076
Dear Representative Wilson:
This is in response to your request for an opinion on whether a school district may, by "indexing" its salary schedule, pay to a school superintendent an amount of salary increase greater than the average percentage increase of the certified personnel of that district. You indicate that your question concerns Act 10 of 1991, the act creating the Educational Excellence Trust Fund. You note that your understanding is that a particular school district has had in place for some time an "index" whereby the superintendent and other administrators are paid salaries based upon their regular salary schedule, multiplied by a factor varying from .040 to 1.845 depending upon the individual job description. You question the legality of this action under Act 10 of 1991, which is now codified at A.C.A. §
It is my opinion that it is impermissible, at least for school years 1991-92 and 1992-93, for superintendents to receive anyincrease in salary from the Educational Excellence Trust Funds monies, much less an increase greater than the average percentage increase of the certified personnel of the district. With respect to any other funds (other than the Trust Fund monies), it is unlawful for superintendents or assistant superintendents to receive any salary increase larger than the average percentage increase of other certified personnel of the district. See
A.C.A. §
The question with respect to the indexing of salary schedules for the benefit of other administrative personnel is less clear. These individuals, as "certified personnel" would receive an equal share of the Trust Fund monies unless there is an agreement to the contrary. Thus with respect to these monies, the salaries of these administrators cannot be "indexed" unless an agreement authorizes it. With respect to other monies, the issue is unclear. The statutes provide that "the board of directors in each school district in the state shall pay their teachers upon a salary schedule which has annual increments for education and for experience. . . ." A.C.A. §
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elana L. Cunningham.
Sincerely,
WINSTON BRYANT Attorney General
WB:cyh