Florida Senate - 2012                                    SB 1550
       
       
       
       By Senator Montford
       
       
       
       
       6-01062A-12                                           20121550__
    1                        A bill to be entitled                      
    2         An act relating to public education; creating s.
    3         1003.615, F.S.; providing a short title; providing
    4         legislative intent and purpose; providing an exemption
    5         from certain statutes in chs. 1000-1013, F.S., and
    6         corresponding administrative rules for school
    7         districts; providing for specified exceptions to such
    8         exemption; authorizing the State Board of Education to
    9         enter into a performance contract with a school
   10         district to provide a statutory waiver; authorizing a
   11         school district, upon a super majority vote by the
   12         district school board, to apply for a waiver from any
   13         statute for a specified period after approval by the
   14         Commissioner of Education and the State Board of
   15         Education; requiring that an application for each
   16         waiver request be submitted to the commissioner and
   17         the State Board of Education; providing requirements
   18         for the application; providing that a waiver may be
   19         requested at any point during the fiscal year;
   20         requiring that the commissioner and the State Board of
   21         Education consider each waiver request in a timely
   22         manner; providing that a school district may be
   23         granted a waiver from certain statutes governing
   24         school or school district operations and policies if
   25         the commissioner and the State Board of Education
   26         agree; providing exceptions from such waiver;
   27         requiring that a school district receiving one or more
   28         waivers be in compliance with certain statutes;
   29         providing that the governing board of a school
   30         district is the duly elected district school board;
   31         requiring that each school district submit an annual
   32         report to the Governor and the Legislature by a
   33         specified date; providing requirements for the report;
   34         providing an effective date.
   35  
   36         WHEREAS, Education Week ranks Florida’s education system
   37  fifth in the nation in its Quality Counts 2011 report, up from
   38  31st place in 2007, and
   39         WHEREAS, the report notes that Florida’s students were
   40  stellar in their performance on the National Assessment of
   41  Educational Progress (NAEP), and
   42         WHEREAS, Florida is one of only four states whose students
   43  were shown by the report to have improved significantly in both
   44  4th and 8th grade reading on the NAEP, and
   45         WHEREAS, the report shows that more than 100,000 of
   46  Florida’s 2009 public and nonpublic high school graduating
   47  seniors took the Scholastic Aptitude Test (SAT), the most ever,
   48  and
   49         WHEREAS, the report shows that the combined score of
   50  African Americans in Florida who have taken the SAT is 7 points
   51  higher than the national average for African American students,
   52  and
   53         WHEREAS, the report shows that the combined score of
   54  Hispanics in Florida who have taken the SAT is 42 points higher
   55  than the national average for Hispanic students, and
   56         WHEREAS, the report shows that Florida’s participation in
   57  the ACT assessment program reached its highest point ever, with
   58  more than 100,000 of its graduating seniors taking the
   59  assessment in 2009, up 12 percent from the previous year, and
   60         WHEREAS, the report shows that Florida ranked first in the
   61  nation in the percentage of students who took a College Board
   62  Advanced Placement (AP) exam in high school, and shows Florida
   63  tied for fifth in the nation in the percentage of students
   64  taking the exam who earned a score of 3 or higher, and
   65         WHEREAS, the report shows that Florida students had the
   66  highest single-year increase in the percentage of students in
   67  the class of 2009 who earned a score of 3 or higher on an AP
   68  exam, and
   69         WHEREAS, seven Florida public schools were recognized in
   70  the report as leading the nation in increasing access to AP
   71  courses among traditionally underserved students, more schools
   72  than in any other state in the nation, and
   73         WHEREAS, the 2010 FCAT results for grades 4 through 10 in
   74  reading, mathematics, and science showed increases in the
   75  percentage of students scoring proficient and above in almost
   76  every middle and high school grade level in reading and
   77  mathematics, and
   78         WHEREAS, science achievement also showed positive momentum
   79  with gains in all tested grade levels, and
   80         WHEREAS, nearly 95 percent of students in grades 4, 8, and
   81  10 scored a 3 or higher on the 6-point grading scale in writing,
   82  and
   83         WHEREAS, in 2010, 74 percent of elementary schools, and 78
   84  percent of middle schools, earned an “A” or a “B” grade, and
   85         WHEREAS, the performance of Florida’s high schools reached
   86  record levels in 2009-2010 under a newly expanded high school
   87  grading system, and
   88         WHEREAS, nearly 71 percent of the state’s high schools
   89  achieved either an “A” or “B” grade during the 2009-2010 school
   90  year, and
   91         WHEREAS, Florida’s high school graduation rate soared to
   92  new heights in 2010, continuing a 5-year trend of increases, and
   93         WHEREAS, the state’s graduation rate climbed more than 2.5
   94  percentage points to 79 percent, which included a 3.5 percentage
   95  point increase for African American students, a 3.2 percentage
   96  point increase for Hispanic students, and a 2.3 percentage point
   97  increase for white students, and
   98         WHEREAS, Florida’s dropout rate declined for the fifth
   99  straight year to a record low of 2 percent, and
  100         WHEREAS, in order for Florida’s students to continue to be
  101  successful, and for school districts to be innovative and
  102  efficiently operated, each school district must have the
  103  statutory and regulatory flexibility to move the public school
  104  system from an industrial model to a knowledge-based model by
  105  revolutionizing the school calendar and day, expanding public
  106  school choice, expanding public school virtual education
  107  options, and incorporating other innovations that will increase
  108  student achievement and incorporate efficiency into the delivery
  109  of public education, NOW, THEREFORE,
  110  
  111  Be It Enacted by the Legislature of the State of Florida:
  112  
  113         Section 1. Section 1003.615, Florida Statutes, is created
  114  to read:
  115         1003.615 Public Education Innovation and Efficiency Act.—
  116         (1) SHORT TITLE.—This section may be cited as the “Public
  117  Education Innovation and Efficiency Act.”
  118         (2) LEGISLATIVE INTENT; PURPOSE.—The Legislature intends to
  119  provide school districts with the statutory and regulatory
  120  flexibility to reform public education in the state by exempting
  121  school districts from certain statutes in chapters 1000-1013.
  122  The purpose of this section is to maintain and significantly
  123  improve student achievement through a variety of means,
  124  including, but not limited to:
  125         (a) Developing public-private partnerships with local
  126  communities to expand opportunities for increased student
  127  performance;
  128         (b) Expanding public school parental choice programs within
  129  the school district to meet local community employment and
  130  educational needs;
  131         (c) Expanding public school virtual education programs; and
  132         (d) Authorizing greater flexibility in the use of tax
  133  revenue, which will allow that revenue to be redirected to
  134  classroom expenditures, while ensuring compliance with the
  135  applicable constitutional and statutory requirements.
  136         (3) EXEMPTION FROM STATUTES AND RULES.—
  137         (a) Each school district is exempt from the statutes in
  138  chapters 1000-1013 and the corresponding administrative rules;
  139  however, each school district shall comply with the statutes in
  140  those chapters:
  141         1. Specifically pertaining to the student assessment
  142  program and school grading system.
  143         2. Pertaining to the provision of services to students with
  144  disabilities.
  145         3. Pertaining to civil rights, including s. 1000.05,
  146  relating to discrimination.
  147         4. Pertaining to student health, safety, and welfare.
  148         5. Governing the election, duties, and responsibilities of
  149  district school board members.
  150         6. Governing the election or appointment of and duties and
  151  responsibilities of the district school superintendent.
  152         (b) In addition, each school district shall comply with:
  153         1. Section 286.011, relating to public meetings and
  154  records, public inspection, and criminal and civil penalties.
  155         2. Chapter 119, relating to public records.
  156         3. Section 1003.03, relating to the maximum class size,
  157  except that the calculation for compliance pursuant to s.
  158  1003.03 shall be the average at the school level for any school
  159  choice program in which a parent or guardian chooses to place
  160  his or her child, rather than the school district assignment.
  161         4. Section 1012.22(1)(c), relating to compensation and
  162  salary schedules.
  163         5. Section 1012.33(5), relating to workforce reductions.
  164         6. Section 1012.335, relating to contracts with
  165  instructional personnel hired on or after July 1, 2011.
  166         7. Section 1012.34, relating to the substantive
  167  requirements for performance evaluations for instructional
  168  personnel and school administrators.
  169         8. Those statutes pertaining to financial matters,
  170  including statutes in chapter 1010, except s. 1010.20(3).
  171         9. Those statutes pertaining to planning and budgeting,
  172  including statutes in chapter 1011, except s. 1011.62(9)(d),
  173  relating to the requirement for a comprehensive reading plan. A
  174  school district that is exempt from submitting the plan is
  175  deemed approved to receive the research-based reading
  176  instruction allocation.
  177         10.Those statutes pertaining to educational facilities,
  178  including statutes in chapter 1013, except s. 1013.20, relating
  179  only to covered walkways for portables, and s. 1013.21, relating
  180  to the use of relocatable facilities that exceed 20 years of
  181  age.
  182         11. Those statutes pertaining to instructional materials,
  183  except s. 1006.37, relating to the requisition of state-adopted
  184  materials from the depository under contract with the publisher,
  185  and s. 1006.40(3)(a), relating to the use of 50 percent of the
  186  instructional materials allocation.
  187         12. This section.
  188         (4) STATUTORY WAIVERS.—
  189         (a) The State Board of Education may enter into a
  190  performance contract with a school district for the purpose of
  191  providing a statutory waiver, upon the school district’s
  192  request, with the intent of continuing significant improvements
  193  in student achievement through a variety of means. A school
  194  district, upon a super majority vote by the district school
  195  board, may apply for a waiver from any statute for a period up
  196  to 3 years after the date upon which the Commissioner of
  197  Education and the State Board of Education approve the waiver. A
  198  school district shall submit an application for each waiver
  199  request to the commissioner and the State Board of Education
  200  which must include the purpose for making the request, the goal
  201  or goals to be achieved by the waiver, and supporting evidence
  202  or other documentation outlining the impact if the waiver is
  203  approved or disapproved. Each waiver request must contain a
  204  statement indicating how the waiver would enhance instructional
  205  programs or provide for greater efficiency or efficacy in school
  206  district operations. A waiver may be requested at any point
  207  during a fiscal year. The commissioner and the State Board of
  208  Education shall consider a waiver request in a timely manner
  209  after receiving the request.
  210         (b) A school district that requests a waiver may be granted
  211  a waiver from any statute governing school and school district
  212  operations and policies if the commissioner and the State Board
  213  of Education agree that the waiver will assist the school
  214  district in maintaining or improving its academic or fiscal
  215  performance status. However, the commissioner and the State
  216  Board of Education may not issue a waiver from statutes:
  217         1.Pertaining to the provision of services to students with
  218  disabilities.
  219         2.Pertaining to civil rights, including s. 1000.05,
  220  relating to discrimination.
  221         3.Pertaining to student health, safety, and welfare.
  222         4.Governing the election, duties, and responsibilities of
  223  district school board members.
  224         5.Governing the election or appointment of and duties and
  225  responsibilities of the district school superintendent.
  226         6.Pertaining to the student assessment program and the
  227  school grading system, including chapter 1008.
  228         (c)In addition, any school district receiving one or more
  229  waivers shall comply with:
  230         1.Section 286.011, relating to public meetings and
  231  records, public inspection, and criminal and civil penalties.
  232         2.Those statutes pertaining to public records, including
  233  chapter 119.
  234         3.Those statutes pertaining to financial disclosure by
  235  elected officials.
  236         4.Those statutes pertaining to conflicts of interest by
  237  elected officials.
  238         (5) GOVERNING BOARD.—The governing board of a school
  239  district shall be the duly elected district school board.
  240         (6) ANNUAL REPORT.—By January 15, 2013, and each year
  241  thereafter, each school district shall submit an annual report
  242  to the Governor, the President of the Senate, the Speaker of the
  243  House of Representatives, and the State Board of Education. The
  244  report must contain the strategies that the school district used
  245  to implement the provisions of this section and the results of
  246  student performance evaluations and district operational
  247  efficiency programs.
  248         Section 2. This act shall take effect July 1, 2012.