Florida Senate - 2013                       CS for CS for SB 980
       
       
       
       By the Committees on Appropriations; and Education; and Senator
       Flores
       
       
       
       576-04897-13                                           2013980c2
    1                        A bill to be entitled                      
    2         An act relating to education; providing requirements
    3         for measuring student performance in instructional
    4         personnel and school administrator performance
    5         evaluations; providing requirements for the
    6         performance evaluation of personnel for purposes of
    7         the performance salary schedule; amending s. 1008.22,
    8         F.S.; requiring each school district to establish and
    9         approve testing schedules for district-mandated
   10         assessments and publish the schedules on its website;
   11         requiring reporting of the schedules to the Department
   12         of Education; amending s. 1012.2315, F.S.; prohibiting
   13         a student from being assigned in a classroom in the
   14         following school year to a teacher who received a
   15         performance evaluation rating of “needs improvement”
   16         or “unsatisfactory” in the preceding school year under
   17         certain circumstances; authorizing a parent to choose
   18         to have a student who is enrolling in an
   19         extracurricular course that is taught by a teacher who
   20         received a performance evaluation of “needs
   21         improvement” or “unsatisfactory” in the preceding
   22         school year under certain circumstances; providing an
   23         effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Notwithstanding any provision to the contrary in
   28  ss. 1012.22 and 1012.34, Florida Statutes, regarding the
   29  performance salary schedule and personnel evaluation procedures
   30  and criteria:
   31         (1) At least 50 percent of a classroom teacher’s or school
   32  administrator’s performance evaluation, or 40 percent if less
   33  than 3 years of student performance data are available, shall be
   34  based upon learning growth or achievement of the teacher’s
   35  students or, for a school administrator, the students attending
   36  that school; the remaining portion shall be based upon factors
   37  identified in district-determined, state-approved evaluation
   38  system plans. Student achievement measures for courses
   39  associated with statewide assessments may be used only if a
   40  statewide growth formula has not been approved for that
   41  assessment or, for courses associated with school district
   42  assessments, if achievement is demonstrated to be a more
   43  appropriate measure of teacher performance.
   44         (2) The student performance data used in the performance
   45  evaluation of nonclassroom instructional personnel shall be
   46  based on student outcome data that reflects the actual
   47  contribution of such personnel to the performance of the
   48  students assigned to the individual in the individual’s areas of
   49  responsibility.
   50         (3) For purposes of the performance salary schedule in s.
   51  1012.22, Florida Statutes, the student assessment data in the
   52  performance evaluation must be from statewide assessments or
   53  district-determined assessments as required in s. 1008.22(8),
   54  Florida Statutes, in the subject areas taught.
   55         Section 2. Paragraph (d) is added to subsection (8) of
   56  section 1008.22, Florida Statutes, to read:
   57         1008.22 Student assessment program for public schools.—
   58         (8) LOCAL ASSESSMENTS.—
   59         (d) Each school district shall establish schedules for the
   60  administration of any district-mandated assessment and approve
   61  the schedules as an agenda item at a district school board
   62  meeting. The school district shall publish the testing schedules
   63  on its website, clearly specifying the district-mandated
   64  assessments, and report the schedules to the Department of
   65  Education by October 1 of each year.
   66         Section 3. Subsection (6) is added to section 1012.2315,
   67  Florida Statutes, to read:
   68         1012.2315 Assignment of teachers.—
   69         (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
   70  EVALUATIONS.—
   71         (a) If a high school or middle school student is currently
   72  taught by a classroom teacher who, during the current school
   73  year, receives a performance evaluation rating of “needs
   74  improvement” or “unsatisfactory” under s. 1012.34, the student
   75  may not be assigned in the next school year to a classroom
   76  teacher in the same subject area who received a performance
   77  evaluation rating of “needs improvement” or “unsatisfactory” in
   78  the preceding school year.
   79         (b) If an elementary school student is currently taught by
   80  a classroom teacher who, during the current school year,
   81  receives a performance evaluation rating of “needs improvement”
   82  or “unsatisfactory” under s. 1012.34, the student may not be
   83  assigned in the next school year to a classroom teacher who
   84  received a performance evaluation rating of “needs improvement”
   85  or “unsatisfactory” in the preceding school year.
   86         (c) For a student enrolling in an extracurricular course as
   87  defined in s. 1003.01, a parent may choose to have the student
   88  taught by a teacher who received a performance evaluation of
   89  “needs improvement” or “unsatisfactory” in the preceding school
   90  year if the student and the student’s parent receive an
   91  explanation of the impact of teacher effectiveness on student
   92  learning and the principal receives written consent from the
   93  parent.
   94         Section 4. This act shall take effect July 1, 2013.