Florida Senate - 2013 SB 1232 By Senator Richter 23-00949A-13 20131232__ 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 to certain 5 school districts the option of statutory waivers from 6 certain statutes in ch. 1000-1013, F.S., and 7 corresponding administrative rules; authorizing the 8 State Board of Education to enter into a performance 9 contract with a school district to provide a statutory 10 waiver; authorizing a school district, upon a 11 supermajority vote by the district school board, to 12 apply for a waiver from certain statutes; requiring 13 that a school district that receives one or more 14 waivers comply with certain statutes; specifying 15 exceptions to the statutory waivers; requiring that an 16 application for each waiver request be submitted to 17 the commissioner and the State Board of Education; 18 providing requirements for the application; providing 19 that a waiver may be requested at any point during the 20 fiscal year; requiring that the commissioner and the 21 State Board of Education make a decision within a 22 specified period of time; providing that the governing 23 board of a school district is the duly elected 24 district school board; requiring that each school 25 district submit an annual report to the Governor and 26 the Legislature by a specified date; providing 27 requirements for the report; providing an effective 28 date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 1003.615, Florida Statutes, is created 33 to read: 34 1003.615 Public Education Innovation and Efficiency Act.— 35 (1) SHORT TITLE.—This section may be cited as the “Public 36 Education Innovation and Efficiency Act.” 37 (2) LEGISLATIVE INTENT; PURPOSE.—The Legislature intends to 38 provide school districts with the statutory and regulatory 39 flexibility to reform public education in the state by exempting 40 certain school districts from specified statutes in chapters 41 1000-1013, subject to certain exceptions. The purpose of this 42 section is to maintain and significantly improve student 43 achievement through a variety of means, including, but not 44 limited to: 45 (a) Developing public-private partnerships with local 46 communities to expand opportunities for increased student 47 performance. 48 (b) Expanding public school parental choice programs within 49 the school district to meet local community employment and 50 educational needs. 51 (c) Expanding public school virtual education programs. 52 (d) Allowing greater flexibility in the use of tax revenue, 53 which will allow that revenue to be redirected to classroom 54 expenditures while ensuring compliance with the applicable 55 constitutional and statutory requirements. 56 (3) STATUTORY WAIVERS.— 57 (a) The State Board of Education may enter into a 58 performance contract with a school district for the purpose of 59 providing a statutory waiver, upon the school district’s 60 request, with the intent of continuing significant improvements 61 in student achievement through a variety of means. A school 62 district, upon a supermajority vote by the district school 63 board, may apply for a waiver from any statute in chapters 1000 64 1013, except those specified in paragraph (b), which govern 65 school and school district operations and policies, as well as 66 corresponding administrative rules. 67 (b) A school district that is granted one or more statutory 68 waivers must comply with chapter 119 and s. 286.011 relating to 69 public records and meetings. A school district may not request a 70 waiver from laws that govern the election, appointment, duties, 71 or responsibilities of the district school superintendent or 72 board members, or laws that pertain to: 73 1. Student health, safety, and welfare. 74 2. Services for students who have disabilities. 75 3. Civil rights, including s. 1000.05, relating to 76 discrimination. 77 4. The student assessment program and the school grading 78 system, including chapter 1008. 79 5. Financial disclosure by elected officials. 80 6. Conflicts of interest by elected officials. 81 7. Instructional materials, except s. 1006.37, relating to 82 the requisition of state-adopted materials from the depository 83 under contract with the publisher, and s. 1006.40(3)(a), 84 relating to the use of 50 percent of the instructional materials 85 allocation. 86 8. Financial matters, including those laws in chapter 1010, 87 except s. 1010.20(3). 88 9. Educational facilities, including those laws in chapter 89 1013, except s. 1013.20, relating only to covered walkways for 90 portables, and s. 1013.21, relating to the use of relocatable 91 facilities that exceed 20 years of age. 92 10. Planning and budgeting, including those laws in chapter 93 1011, except s. 1011.62(9)(d), relating to the requirement for a 94 comprehensive reading plan. A school district that is exempt 95 from submitting the plan is deemed approved to receive the 96 research-based reading instruction allocation. 97 11. Section 1012.22(1)(c), relating to compensation and 98 salary schedules. 99 12. Section 1012.33(5), relating to workforce reductions. 100 13. Section 1012.335, relating to contracts with 101 instructional personnel hired on or after July 1, 2011. 102 14. Section 1012.34, relating to the substantive 103 requirements for performance evaluations for instructional, 104 administrative, and supervisory personnel. 105 15. Section 1003.03, relating to the maximum class size, 106 except that the calculation for compliance pursuant to s. 107 1003.03 is the average at the school level for a school choice 108 program in which a parent or guardian chooses to place his or 109 her child, rather than the child being placed pursuant to a 110 school district assignment. 111 (c) A school district shall submit an application for each 112 waiver request to the commissioner and the State Board of 113 Education, which must include the purpose for making the 114 request, the goal or goals to be achieved by the waiver, and 115 supporting evidence or other documentation outlining the impact 116 if the waiver is approved or disapproved. Each waiver request 117 must contain a statement indicating how the waiver would enhance 118 instructional programs or provide for greater efficiency or 119 efficacy in school district operations. A waiver may be 120 requested at any point during a fiscal year and may be granted, 121 for no more than 3 years, if the commissioner and the State 122 Board of Education agree that the waiver will assist the school 123 district in maintaining or improving its academic or fiscal 124 performance status. The commissioner and the State Board of 125 Education shall grant or deny a waiver request within 90 days 126 after receiving the request. 127 (4) GOVERNING BOARD.—The governing board of a school 128 district is the duly elected district school board. 129 (5) ANNUAL REPORT.—By January 15, 2014, and each year 130 thereafter, each school district that is granted at least one 131 waiver shall submit an annual report to the Governor, the 132 President of the Senate, the Speaker of the House of 133 Representatives, and the State Board of Education. The report 134 must contain the strategies that the school district used to 135 implement the provisions of this section and the results of 136 student performance evaluations and district operational 137 efficiency programs. 138 Section 2. This act shall take effect July 1, 2013.