According to an article in the Miami Herald, Dade County Florida’s teacher union is suing the school district over plans to allocate their $19.6 million share of the state’s $147.5 million fund for rewarding merit bonuses to “special teachers.” The union claims the program, known as the STAR Plan, violates the state’s constitution. If the district and union don’t reach an agreement by March 1, the funds will be lost forever.

The STAR program was designed to give bonuses to the top 25% of Florida teachers. The bonuses were to be given on the basis of instructional performance and student performance on high-stakes tests.

The union wants the money to go to improving salaries for all teachers so the state can retain teachers in general, claiming all teachers are woefully underpaid. The union believes that 75% of teachers who do not receive bonuses would not have the incentive to improve instruction. Opponents also say the criteria used for determining bonuses would drive teachers from low-performing districts. They further argue that teachers are going to be reluctant to have slow learners in their classes.

The union specifically claims that the plan runs counter to constitutional provisions that call for equal funding for all districts. They also claim the plan establishes two groups of teachers, those who teach to the high stakes test and those who don’t.

Plans for only four counties have been submitted and approved by the state. Many other counties are against the program and officials from these counties have pointed out the program’s flaws.

No doubt the controversy swirling around merit pay will not be confined to Florida as other states consider the pros and cons of rewarding top-performing teachers.