Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 950
       
       
       
       
       
       
                                Ì3184648Î318464                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/11/2014           .                                
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    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 15 and 16
    4  insert:
    5         Section 1. Subsections (2) and (4) of section 1012.2315,
    6  Florida Statutes, are amended to read:
    7         1012.2315 Assignment of teachers.—
    8         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
    9         (a)A school district districts may not assign a higher
   10  percentage than the school district average of temporarily
   11  certified teachers, teachers in need of improvement, or out-of
   12  field teachers to schools graded “D” or “F” pursuant to s.
   13  1008.34.
   14         (b) Beginning July 1, 2014, a school district may assign
   15  newly hired instructional personnel to a school that has earned
   16  a grade of “F” in the previous year or any combination of three
   17  consecutive grades of “D” or “F” in the previous 3 years
   18  pursuant to s. 1008.34 if the newly hired instructional
   19  personnel:
   20         1. Have received an effective rating or highly effective
   21  rating in the immediate prior year’s performance evaluation
   22  pursuant s. 1012.34;
   23         2. Have successfully completed a professional education
   24  training program provided by Teach for America, hold a
   25  professional certificate issued pursuant to s. 1012.56, and hold
   26  a probationary contract pursuant to s. 1012.335(2)(a); or
   27         3. Are recommended by the district school superintendent to
   28  teach in such school, hold a professional certificate issued
   29  pursuant to s. 1012.56, and hold a probationary contract
   30  pursuant to s. 1012.335(2)(a).
   31  
   32  Each school district shall annually certify to the Commissioner
   33  of Education that the requirements in this subsection have this
   34  requirement has been met. If the commissioner determines that a
   35  school district is not in compliance with this subsection, the
   36  State Board of Education shall be notified and shall take action
   37  pursuant to s. 1008.32 in the next regularly scheduled meeting
   38  to require compliance.
   39         (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
   40  chapter 447 relating to district school board collective
   41  bargaining, collective bargaining provisions may not preclude a
   42  school district from providing incentives to high-quality
   43  teachers and assigning such teachers to low-performing schools.
   44  However, collective bargaining provisions relating to
   45  instructional personnel may include the assignment of newly
   46  hired personnel to a school that has earned a grade of “F” in
   47  the previous year or any combination of three consecutive grades
   48  of “D” or “F” in the previous 3 years pursuant to s. 1008.34 if
   49  the newly hired instructional personnel:
   50         (a) Have received an effective rating or highly effective
   51  rating in the immediate prior year’s performance evaluation
   52  under s. 1012.34;
   53         (b) Have successfully completed a professional education
   54  training program provided by Teach for America, hold a
   55  professional certificate issued pursuant to s. 1012.56, and hold
   56  a probationary contract pursuant to s. 1012.335(2)(a); or
   57         (c) Are recommended by the district school superintendent
   58  to teach in such school, hold a professional certificate issued
   59  pursuant to s. 1012.56, and hold a probationary contract
   60  pursuant to s. 1012.335(2)(a).
   61         Section 2. Subsection (1) of section 1012.27, Florida
   62  Statutes, is amended to read:
   63         1012.27 Public school personnel; powers and duties of
   64  district school superintendent.—The district school
   65  superintendent is responsible for directing the work of the
   66  personnel, subject to the requirements of this chapter, and in
   67  addition the district school superintendent shall perform the
   68  following:
   69         (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
   70         (a) Recommend to the district school board duties and
   71  responsibilities which need to be performed and positions which
   72  need to be filled to make possible the development of an
   73  adequate school program in the district.
   74         (b) Recommend minimum qualifications of personnel for these
   75  various positions, and nominate in writing persons to fill such
   76  positions.
   77  
   78  The district school superintendent’s recommendations for filling
   79  instructional positions at the school level must consider
   80  nominations received from school principals of the respective
   81  schools. The district school superintendent may assign an
   82  individual newly hired as instructional personnel to a school
   83  that has earned a grade of “F” in the previous year or any
   84  combination of three consecutive grades of “D” or “F” in the
   85  previous 3 years pursuant to s. 1008.34 if the individual holds
   86  a probationary contract pursuant to s. 1012.335(2)(a), holds a
   87  professional certificate issued pursuant to s. 1012.56, and has
   88  successful teaching experience and if, in the judgment of the
   89  school principal, students would benefit from the placement of
   90  that individual. Before transferring a teacher who holds a
   91  professional teaching certificate from one school to another,
   92  the district school superintendent shall consult with the
   93  principal of the receiving school and allow the principal to
   94  review the teacher’s records, including student performance
   95  demonstrated under s. 1012.34, and interview the teacher. If, in
   96  the judgment of the principal, students would not benefit from
   97  the placement, an alternative placement may be sought. A
   98  principal may refuse the placement in accordance with s.
   99  1012.28(6).
  100         Section 3. Paragraph (a) of subsection (2) of section
  101  1012.335, Florida Statutes, is amended to read:
  102         1012.335 Contracts with instructional personnel hired on or
  103  after July 1, 2011.—
  104         (2) EMPLOYMENT.—
  105         (a)1. Beginning July 1, 2011, each individual newly hired
  106  as instructional personnel by the district school board shall be
  107  awarded a probationary contract. Upon successful completion of
  108  the probationary contract, the district school board may award
  109  an annual contract pursuant to paragraph (c).
  110         2. Beginning July 1, 2014, a school district may assign
  111  newly hired instructional personnel to a school that has earned
  112  a grade of “F” in the previous year or any combination of three
  113  consecutive grades of “D” or “F” in the previous 3 years
  114  pursuant to s. 1008.34 if the newly hired instructional
  115  personnel:
  116         a. Have received an effective rating or highly effective
  117  rating in the immediate prior year’s performance evaluation
  118  under s. 1012.34;
  119         b. Have successfully completed a professional education
  120  training program provided by Teach for America, hold a
  121  professional certificate issued pursuant to s. 1012.56, and hold
  122  a probationary contract pursuant to s. 1012.335(2)(a); or
  123         c. Are recommended by the district school superintendent to
  124  teach in such school, hold a professional certificate issued
  125  pursuant to s. 1012.56, and hold a probationary contract
  126  pursuant to s. 1012.335(2)(a).
  127         Section 4. The amendments made by this act to ss.
  128  1012.2315, 1012.27, and 1012.335, Florida Statutes, apply to
  129  contracts newly entered into, extended, or readopted on or after
  130  July 1, 2014. Upon renegotiating an existing collective
  131  bargaining agreement, the subsequent collective bargaining
  132  agreement must include a provision that conforms to the
  133  requirements of this act.
  134  
  135  ================= T I T L E  A M E N D M E N T ================
  136  And the title is amended as follows:
  137         Delete line 2
  138  and insert:
  139         An act relating to education; amending s. 1012.2315,
  140         F.S.; authorizing a school district to assign to a
  141         school that has earned failing grades over a certain
  142         period of time certain newly hired instructional
  143         personnel; authorizing collective bargaining
  144         provisions regarding the assigning of certain newly
  145         hired instructional personnel to a school that has
  146         earned failing grades; amending s. 1012.27, F.S.;
  147         authorizing a district school superintendent to assign
  148         certain newly hired instructional personnel to a
  149         school that has earned failing grades based on the
  150         judgment of a school principal; amending s. 1012.335,
  151         F.S.; authorizing a school district to assign certain
  152         newly hired instructional personnel to a school that
  153         has earned failing grades over a certain period of
  154         time; providing for applicability; amending s.