Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1718
       
       
       
       
       
       
                                Barcode 519440                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/03/2012           .                                
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       The Committee on Budget Subcommittee on Education Pre-K - 12
       Appropriations (Wise) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (3) of section 1001.10, Florida
    7  Statutes, is amended to read:
    8         1001.10 Commissioner of Education; general powers and
    9  duties.—
   10         (3) To facilitate innovative practices and to allow local
   11  selection of educational methods, the State Board of Education
   12  may authorize the commissioner to waive, upon the request of a
   13  district school board, state board of Education rules that
   14  relate to district school instruction and school operations,
   15  except those rules pertaining to civil rights, and student
   16  health, safety, and welfare. The Commissioner of Education is
   17  not authorized to grant waivers for any provisions in rule
   18  pertaining to the allocation and appropriation of state and
   19  local funds for public education; the election, compensation,
   20  and organization of school board members and superintendents;
   21  graduation and state accountability standards; financial
   22  reporting requirements; reporting of out-of-field teaching
   23  assignments under s. 1012.2315(5) 1012.42; public meetings;
   24  public records; or due process hearings governed by chapter 120.
   25  No later than January 1 of each year, the commissioner shall
   26  report to the Legislature and the State Board of Education all
   27  approved waiver requests in the preceding year.
   28         Section 2. Paragraph (d) is added to subsection (21) of
   29  section 1002.20, Florida Statutes, and subsections (24) and (25)
   30  are added to that section, to read:
   31         1002.20 K-12 student and parent rights.—Parents of public
   32  school students must receive accurate and timely information
   33  regarding their child’s academic progress and must be informed
   34  of ways they can help their child to succeed in school. K-12
   35  students and their parents are afforded numerous statutory
   36  rights including, but not limited to, the following:
   37         (21) PARENTAL INPUT AND MEETINGS.—
   38         (d) Parent empowerment.—Parents of students who are
   39  assigned to a public school that is required to implement a
   40  school turnaround option under s. 1008.33 may submit a petition
   41  to the school district requesting implementation of a school
   42  turnaround option pursuant to s. 1003.07.
   43         (24) PERSONNEL EVALUATION REPORTS.—Upon request by the
   44  parent of a public school student, the school district must
   45  provide the parent with the performance evaluation for each
   46  classroom teacher assigned to his or her child, pursuant to s.
   47  1012.31.
   48         (25) ASSIGNMENT TO TEACHERS.—
   49         (a) Out-of-field classroom teachers.—Each school district
   50  shall annually notify the parent of each public school student
   51  assigned to a classroom teacher who is teaching out-of-field
   52  regarding such assignment. The notification must inform the
   53  parent that virtual instruction from a certified in-field
   54  teacher with an annual performance evaluation rating of
   55  effective or highly effective is available pursuant to s.
   56  1012.2315(5).
   57         (b) Underperforming classroom teachers.—When a student is
   58  assigned to a classroom teacher who has received two consecutive
   59  annual performance evaluation ratings of unsatisfactory, two
   60  annual performance evaluation ratings of unsatisfactory within a
   61  3-year period, or three consecutive annual performance
   62  evaluation ratings of needs improvement or a combination of
   63  needs improvement and unsatisfactory under s. 1012.34, the
   64  school district shall notify the parent regarding the
   65  performance evaluation rating of the classroom teacher. The
   66  notification must inform the parent that virtual instruction
   67  from a teacher with an annual performance evaluation rating of
   68  effective or highly effective is available pursuant to s.
   69  1012.2315(7).
   70         Section 3. Paragraph (c) of subsection (7) of section
   71  1002.32, Florida Statutes, is amended to read:
   72         1002.32 Developmental research (laboratory) schools.—
   73         (7) PERSONNEL.—
   74         (c) Lab school faculty members shall meet the certification
   75  requirements of s. ss. 1012.32 and 1012.42.
   76         Section 4. Paragraph (b) of subsection (16) of section
   77  1002.33, Florida statutes, is amended to read:
   78         1002.33 Charter schools.—
   79         (16) EXEMPTION FROM STATUTES.—
   80         (b) Additionally, a charter school shall be in compliance
   81  with the following statutes:
   82         1. Section 286.011, relating to public meetings and
   83  records, public inspection, and criminal and civil penalties.
   84         2. Chapter 119, relating to public records.
   85         3. Section 1003.03, relating to the maximum class size,
   86  except that the calculation for compliance pursuant to s.
   87  1003.03 shall be the average at the school level.
   88         4. Section 1012.22(1)(c), relating to compensation and
   89  salary schedules.
   90         5. Section 1012.33(5), relating to workforce reductions.
   91         6. Section 1012.335, relating to contracts with
   92  instructional personnel hired on or after July 1, 2011.
   93         7. Section 1012.34, relating to the substantive
   94  requirements for performance evaluations for instructional
   95  personnel and school administrators.
   96         8. Section 1012.2315(5) and (7), relating to notifications
   97  and assignment of teachers.
   98         Section 5. Section 1003.07, Florida Statutes, is created to
   99  read:
  100         1003.07 Parent empowerment.—
  101         (1) This section may be cited as the “Parent Empowerment
  102  Act.”
  103         (2) Each school district must provide written notification
  104  to the parents of eligible students, as defined in paragraph
  105  (3)(b), and the school advisory council when a public school has
  106  been unable to improve performance and must implement a school
  107  turnaround option as required under s. 1008.33. The written
  108  notification shall inform parents that they may, by petition,
  109  request implementation of a school turnaround option by the
  110  school in the following school year. The notification shall be
  111  provided to parents within 30 calendar days after the school
  112  district receives notice from the Department of Education that
  113  the school must implement a school turnaround option. The
  114  notification by the school district shall include:
  115         (a) A description of each school turnaround option
  116  available for selection under s. 1008.33;
  117         (b) A description of the process for implementing school
  118  turnaround options, including the date by which the school
  119  district must submit its implementation plan to the State Board
  120  of Education;
  121         (c) The date and location for submission of the petition;
  122         (d) The date and location of the publicly noticed district
  123  school board meeting required under paragraph (4)(a) at which
  124  the school board will consider any school turnaround option,
  125  including a parent petition; and
  126         (e) School district contact information for questions.
  127         (3)(a) Prior to the school district’s selection and
  128  implementation of a school turnaround option for the following
  129  school year, parents may submit a petition selecting an
  130  available school turnaround option, as described pursuant to
  131  paragraph (2)(a), for consideration by the district school
  132  board.
  133         (b) Up to one parental vote per eligible student may be
  134  counted with respect to parent signatures on the petition. An
  135  eligible student is a student enrolled in the school in which
  136  the school turnaround option will be implemented or, according
  137  to the district school board’s enrollment policies, a student
  138  who is scheduled the following school year for assignment to
  139  that school.
  140         1. A parental vote is the signature of one parent unless
  141  the other parent objects in writing to the petition vote, in
  142  which case the parental vote counts for one-half per eligible
  143  student. The objection must be made before the date the petition
  144  is to be submitted pursuant to subsection (2).
  145         2. Notwithstanding subparagraph 1., a parental vote is the
  146  signature of the parent who has been assigned sole parental
  147  responsibility or ultimate responsibility for education
  148  decisions pursuant to s. 61.13.
  149         (c) A parent must date each petition on the day it is
  150  signed and identify each eligible student on the petition. The
  151  parent’s signature shall constitute a certification that the
  152  parent has a present intention to enroll each eligible student
  153  in the school if the school turnaround option identified on the
  154  petition is selected. A parent may sign the petition prior to
  155  the initial notification provided to the parents of eligible
  156  students pursuant to subsection (2).
  157         (d) The school district shall verify at least a majority of
  158  the signatures on the petition using existing student enrollment
  159  documentation or other records containing parent signatures.
  160  However, a notarized signature of a person who is a parent of an
  161  eligible student shall be treated as valid. Signatures not
  162  verified within the established verification period shall be
  163  treated as valid.
  164         (e) A signature gatherer may not be paid per signature and,
  165  if asked, must disclose the organization he or she represents.
  166         (4)(a) The school turnaround option selected by parents
  167  must be considered for implementation by the district school
  168  board at a publicly noticed school board meeting if the petition
  169  is signed and dated by a majority of the parents of eligible
  170  students. A majority is more than one-half of the parents who
  171  are eligible to sign the petition pursuant to paragraph (3)(b).
  172  If petitions for more than one school turnaround option are
  173  signed by a majority of the parents, the petition having the
  174  most such signatures shall be deemed the official turnaround
  175  option selected by parents.
  176         (b) The district school board may adopt the school
  177  turnaround option selected by parents or a different school
  178  turnaround option selected by the school board. If the district
  179  school board does not adopt the school turnaround option
  180  selected by parents, it must include that option with the
  181  implementation plan submitted to the State Board of Education
  182  under s. 1008.33. If the state board determines that the school
  183  turnaround option selected by parents is more likely to improve
  184  the academic performance of students at the school, it shall
  185  return the district school board’s implementation plan to the
  186  school board. The district school board shall submit to the
  187  state board an implementation plan for the school turnaround
  188  option selected by parents.
  189         (5) The State Board of Education shall adopt rules to
  190  establish a model petition format, the petition submission
  191  process, standards for verifying signatures, and timelines for
  192  district school board validation and consideration of a petition
  193  at a publicly noticed meeting. The rules must provide a sample
  194  petition form for each school turnaround option available for
  195  selection under s. 1008.33 with easy-to-understand instructions.
  196  Each petition form shall clearly identify only one school
  197  turnaround option on the front page of the petition and each
  198  page thereafter. The petition forms must be provided or made
  199  easily accessible to parents at the time of notification by the
  200  school district pursuant to subsection (2). The rules shall
  201  provide for the following:
  202         (a) A minimum of 30 days after initial notification,
  203  pursuant to subsection (2), must be provided for the parents of
  204  eligible students to gather petition signatures.
  205         (b) A maximum of 30 days after the date the petition is
  206  submitted must be provided for the school district to verify the
  207  signatures.
  208         (c) A minimum of 30 days must be provided between the
  209  submission of a petition and the district school board meeting
  210  to consider the petition.
  211         (d) A submitted petition may list only one school
  212  turnaround option identified in s. 1008.33 that is not currently
  213  being implemented at the school.
  214         (e) A parent may sign a petition for each school turnaround
  215  option.
  216         (f) A school district may not reject a parent signature on
  217  a petition based on a lack of conformity to signatures in school
  218  records if the parent’s identity and signature can be easily
  219  validated with a photographic identification, a notarized
  220  signature verifying the identity of the signer, or by the
  221  personal knowledge of a school employee.
  222         (g) A school district may not reject a parent signature on
  223  a petition on the basis that the parent signed the petition
  224  prior to the initial notification pursuant to subsection (2).
  225         Section 6. Subsection (5) of section 1008.33, Florida
  226  Statutes, is amended to read:
  227         1008.33 Authority to enforce public school improvement.—
  228         (5)(a) In the school year after a school is initially
  229  identified as a school in the lowest-performing category, the
  230  school district must submit a plan, which is subject to approval
  231  by the State Board of Education, for implementing one of the
  232  following school turnaround options at the beginning of the next
  233  school year. The plan must be implemented unless the school
  234  moves from the lowest-performing category:
  235         1. Convert the school to a district-managed turnaround
  236  school by means that include implementing a turnaround plan
  237  approved by the Commissioner of Education which shall become the
  238  school’s improvement plan;
  239         2. Reassign students to another school and monitor the
  240  progress of each reassigned student;
  241         3. Close the school and reopen the school as one or more
  242  charter schools, each with a governing board that has a
  243  demonstrated record of effectiveness; or
  244         4. Contract with an outside entity that has a demonstrated
  245  record of effectiveness to operate the school.
  246         (b) If a school does not move from the lowest-performing
  247  category during the initial year of implementing one of the
  248  school turnaround options in paragraph (a), the school district
  249  must submit a plan, which is subject to approval by the State
  250  Board of Education, for implementing a different school
  251  turnaround option in paragraph (a) at the beginning of the next
  252  school year, unless the State Board of Education determines that
  253  the school is likely to move from the lowest-performing category
  254  if additional time is provided to implement intervention and
  255  support strategies. The State Board of Education shall determine
  256  whether a school district may continue to implement a school
  257  turnaround an option beyond 1 year while a school remains in the
  258  lowest-performing category.
  259         (c) Parents of students who are assigned to a public school
  260  that is required by the State Board of Education to implement a
  261  school turnaround option may petition the school district to
  262  implement one of the school turnaround options in paragraph (a)
  263  selected by the parents pursuant to s. 1003.07. A school
  264  implementing a school turnaround option during the 2011-2012 or
  265  2012-2013 school year is not subject to the requirements of s.
  266  1003.07 until the school is required to implement a different
  267  school turnaround option.
  268         Section 7. Section 1012.2315, Florida Statutes, is amended
  269  to read:
  270         1012.2315 Assignment of teachers.—
  271         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  272  disparities between teachers assigned to teach in a majority of
  273  schools that do not need improvement and schools that do need
  274  improvement pursuant to s. 1008.33. The disparities may be found
  275  in the assignment of temporarily certified teachers, teachers in
  276  need of improvement, and out-of-field teachers and in the
  277  performance of the students. It is the intent of the Legislature
  278  that district school boards have flexibility through the
  279  collective bargaining process to assign teachers more equitably
  280  across the schools in the district.
  281         (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
  282  IMPROVEMENT.—School districts may not assign a higher percentage
  283  than the school district average of temporarily certified
  284  teachers, teachers in need of improvement, or out-of-field
  285  teachers to schools in one of the three lowest-performing
  286  categories under s. 1008.33(3)(b). Each school district shall
  287  annually certify to the Commissioner of Education that this
  288  requirement has been met. If the commissioner determines that a
  289  school district is not in compliance with this subsection, the
  290  State Board of Education shall be notified and shall take action
  291  pursuant to s. 1008.32 in the next regularly scheduled meeting
  292  to require compliance.
  293         (3) SALARY INCENTIVES.—District school boards may are
  294  authorized to provide salary incentives to meet the requirement
  295  of subsection (2). A district school board may not sign a
  296  collective bargaining agreement that precludes the school
  297  district from providing sufficient incentives to meet this
  298  requirement.
  299         (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
  300  chapter 447 relating to district school board collective
  301  bargaining, collective bargaining provisions may not preclude a
  302  school district from providing incentives to high-quality
  303  teachers and assigning such teachers to low-performing schools.
  304         (5) ASSISTANCE TO OUT-OF-FIELD TEACHERS.—
  305         (a) Each district school board shall adopt rules for
  306  implementing an assistance plan for each classroom teacher who
  307  is teaching out-of-field. The assistance plan must provide
  308  teachers who are teaching out-of-field with priority
  309  consideration in professional development activities and require
  310  such teachers to participate in a certification or staff
  311  development program that provides the competencies required for
  312  the assigned duties. A district school board may reimburse a
  313  teacher who is teaching out-of-field for a certification fee.
  314  The assistance plan must also include duties of administrative
  315  personnel and other instructional personnel for assisting a
  316  teacher who is teaching out-of-field in providing instructional
  317  services to students.
  318         (b) The school district shall annually notify the parent of
  319  each student who is assigned to a classroom teacher who is
  320  teaching subject matter that is:
  321         1. Outside the field in which the teacher is certified;
  322         2. Outside the field that was the teacher’s minor field of
  323  study; or
  324         3. Outside the field in which the teacher has demonstrated
  325  sufficient subject area expertise, as determined by district
  326  school board policy in the subject area to be taught.
  327  
  328  The notification must inform the parent that virtual instruction
  329  from a certified in-field teacher with an annual performance
  330  evaluation rating of effective or highly effective under s.
  331  1012.34 is available to his or her child through the virtual
  332  instruction options listed under s. 1002.321(4).
  333         (6)(5) REPORT.—
  334         (a) By July 1, 2012, the Department of Education shall
  335  annually report on its website, in a manner that is accessible
  336  to the public, the performance rating data reported by district
  337  school boards under s. 1012.34. The report must include the
  338  percentage of classroom teachers, instructional personnel, and
  339  school administrators receiving each performance rating
  340  aggregated by school district and by school.
  341         (7) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
  342  EVALUATIONS.—
  343         (a)(b) Notwithstanding the provisions of s.
  344  1012.31(3)(a)2., each school district shall annually notify
  345  report to the parent of any student who is assigned to a
  346  classroom teacher or school administrator having two consecutive
  347  annual performance evaluation ratings of unsatisfactory under s.
  348  1012.34, two annual performance evaluation ratings of
  349  unsatisfactory within a 3-year period under s. 1012.34, or three
  350  consecutive annual performance evaluation ratings of needs
  351  improvement or a combination of needs improvement and
  352  unsatisfactory under s. 1012.34. The notification must inform
  353  the parent that virtual instruction from a teacher with a
  354  performance evaluation rating of highly effective or effective
  355  under s. 1012.34 is available to his or her child through the
  356  virtual instruction options listed under s. 1002.321(4).
  357         (b) Upon request by the parent of a public school student,
  358  the school district shall provide the parent with the
  359  performance evaluation for each classroom teacher assigned to
  360  his or her child, pursuant to s. 1012.31.
  361         (c) If a student is currently taught by a classroom teacher
  362  who receives, in that school year, a performance evaluation
  363  rating of needs improvement or unsatisfactory under s. 1012.34,
  364  the student may not be assigned the following school year to a
  365  classroom teacher in the same subject area who received a
  366  performance evaluation rating of needs improvement or
  367  unsatisfactory in the preceding school year.
  368         Section 8. Section 1012.42, Florida Statutes, is repealed.
  369         Section 9. This act shall take effect July 1, 2012.
  370  
  371  ================= T I T L E  A M E N D M E N T ================
  372         And the title is amended as follows:
  373         Delete everything before the enacting clause
  374  and insert:
  375                        A bill to be entitled                      
  376         An act relating to parent empowerment in education;
  377         amending s. 1001.10, F.S.; conforming a cross
  378         reference; amending s. 1002.20, F.S.; authorizing
  379         parents of students who are assigned to certain
  380         underperforming public schools to submit a petition to
  381         the school district requesting implementation of a
  382         school turnaround option; requiring a school district,
  383         upon request, to provide a parent with a performance
  384         evaluation for each classroom teacher assigned to his
  385         or her child; requiring notification to the parent of
  386         each student who is assigned to a classroom teacher
  387         who is teaching out-of-field or who has received
  388         unsatisfactory performance evaluations; requiring such
  389         notification to include information about the
  390         availability of virtual instruction; amending s.
  391         1002.32, F.S.; correcting a cross-reference; amending
  392         s. 1002.33, F.S.; requiring charter schools to be in
  393         compliance with statutes relating to notifications and
  394         assignment of teachers; creating s. 1003.07, F.S., the
  395         Parent Empowerment Act; requiring each school district
  396         to notify parents of students attending a lowest
  397         performing school that has been unable to improve
  398         performance and must implement a school turnaround
  399         option; authorizing parents to submit a petition
  400         requesting implementation of an available school
  401         turnaround option; providing requirements for
  402         submission of a petition and its consideration and
  403         adoption by the district school board; requiring the
  404         State Board of Education to adopt rules for the
  405         petition process and specifying requirements therefor;
  406         amending s. 1008.33, F.S.; identifying the options for
  407         improving a school identified in the lowest-performing
  408         category as school turnaround options; authorizing
  409         parents to submit a petition to the school district to
  410         implement a school turnaround option; amending s.
  411         1012.2315, F.S.; requiring that each district school
  412         board adopt rules to implement an assistance plan for
  413         out-of-field classroom teachers and requiring their
  414         participation in certain programs; requiring that the
  415         school district annually notify the parent of each
  416         student assigned to an out-of-field classroom teacher
  417         or a classroom teacher who has received unsatisfactory
  418         performance evaluations; requiring such notification
  419         to include information about the availability of
  420         virtual instruction; requiring that a school district,
  421         upon request, provide a parent with the performance
  422         evaluation of each classroom teacher assigned to his
  423         or her child; prohibiting the consecutive assignment
  424         of students to classroom teachers who receive certain
  425         performance evaluations; repealing s. 1012.42, F.S.,
  426         relating to teachers teaching out-of-field; providing
  427         an effective date.