Florida Senate - 2014                                    SB 1368
       By Senator Montford
       3-01192A-14                                           20141368__
    1                        A bill to be entitled                      
    2         An act relating to education performance
    3         accountability; creating s. 1008.311, F.S.; providing
    4         legislative findings and intent; establishing the
    5         Transition Education Accountability Task Force within
    6         the Executive Office of the Governor; providing
    7         membership, duties, and meeting times for the task
    8         force; providing for per diem and reimbursement for
    9         travel expenses; requiring the Commissioner of
   10         Education to provide certain services to the task
   11         force; requiring the task force to report regularly to
   12         the State Board of Education; requiring the task force
   13         to submit an annual report to the Governor, the
   14         Legislature, and the State Board of Education by a
   15         specified date; requiring the task force to comply
   16         with certain statutory requirements; providing for the
   17         expiration of the task force; amending s. 1003.41,
   18         F.S.; requiring the implementation of the Next
   19         Generation Sunshine State Standards adopted by rule of
   20         the State Board of Education in a specified year be
   21         extended through a specified school year; amending s.
   22         1008.22, F.S.; prohibiting the use of a student’s
   23         performance on the Florida Comprehensive Assessment
   24         Test (FCAT) as a requirement for graduation,
   25         promotion, retention, or assignment of grades during
   26         the transition period from the FCAT to a new
   27         assessment; requiring the Commissioner of Education to
   28         select a new statewide assessment; requiring the new
   29         assessment to undergo rigorous content review;
   30         providing procedural requirements for establishing the
   31         new assessment; requiring the Department of Education
   32         to provide to school districts assessments for certain
   33         subjects in certain grades; requiring the commissioner
   34         to collaborate with a consortium of school district
   35         representatives to develop the local assessments;
   36         providing a purpose for the consortium; amending s.
   37         1008.31, F.S.; revising the legislative intent
   38         regarding the state’s K-20 education performance
   39         accountability system with regard to the transition to
   40         a new education performance accountability system;
   41         amending s. 1008.34, F.S.; providing that the school
   42         grading system is suspended during specified school
   43         years; requiring a new education performance
   44         accountability system to be implemented in a specified
   45         school year; requiring the school districts to report
   46         on certain performance and growth measures during the
   47         transition period for implementing the new education
   48         performance accountability system; amending s.
   49         1008.345, F.S.; requiring the commissioner to
   50         implement and maintain a system of intensive school
   51         improvement and stringent education accountability
   52         during the transition period for implementing the new
   53         education performance accountability system; requiring
   54         the commissioner to assign a community assessment team
   55         to each school district that is deemed to be low
   56         performing during the transition period for
   57         implementing the new performance accountability system
   58         for certain purposes; amending s. 1008.385, F.S.;
   59         revising the responsibilities of the Commissioner of
   60         Education and the school districts with regard to the
   61         integrated information system for educational
   62         management; amending s. 1012.22, F.S.; revising the
   63         date of hire for school employees with regard to the
   64         salary schedules used as a basis for paying such
   65         employees; revising the date in which a district
   66         school board must adopt a certain performance salary
   67         schedule for instructional personnel and school
   68         administrators; authorizing, rather than requiring,
   69         certain classroom teachers to remain under the
   70         grandfathered salary schedule under certain
   71         circumstances; providing a basis for payment of a
   72         salary for certain classroom teachers during the
   73         transition period for implementing the new performance
   74         accountability system; revising the effective date for
   75         application of the performance salary schedule for
   76         certain instructional personnel or school
   77         administrators; amending s. 1012.34, F.S.; revising
   78         the evaluation criteria used to prepare performance
   79         evaluations for certain instructional personnel and
   80         school administrators; revising provisions regarding
   81         the measurement of student learning growth; amending
   82         s. 1012.3401, F.S.; reducing the percentage of a
   83         classroom teacher’s performance evaluation and a
   84         school administrator’s performance evaluation which is
   85         based on student learning growth or achievement;
   86         providing an effective date.
   88  Be It Enacted by the Legislature of the State of Florida:
   90         Section 1. Section 1008.311, Florida Statutes, is created
   91  to read:
   92         1008.311 Transition education accountability system.—
   94         (a) The Legislature finds that several elements must be in
   95  place in order to attain a valid and reliable system to measure
   96  student achievement and the performance of schools. New state
   97  standards must be adopted. Instructional materials directly
   98  related to the new state standards must also be adopted,
   99  procured, and made available to students and teachers. Teachers
  100  must receive and master the content and instructional delivery
  101  of the new state standards. Technological tools necessary to
  102  deliver instruction and the newly adopted assessments must be
  103  acquired and made available for use. Assessment instruments must
  104  be created or acquired and must be field-tested to ensure that
  105  the instruments meet the new state standards and the adopted
  106  district curricula.
  107         (b) It is the intent of the Legislature to:
  108         1. Create a new performance accountability system, matched
  109  to the new state performance standards, which is valid and
  110  reliable and accurately measures student achievement and the
  111  performance of teachers and schools. The Legislature finds that
  112  this new system is necessary to ensure transparency in public
  113  education so that parents have accurate information concerning
  114  the achievement and academic growth of their students. Such
  115  transparency enables the Legislature to make sound public policy
  116  decisions and the most effective investments of resources
  117  provided by taxpayers. The Legislature further finds that a
  118  valid, reliable performance accountability system to measure the
  119  achievement of students served by this state’s system of public
  120  education is necessary to help develop the state’s economy and
  121  to convince businesses to locate and expand in this state.
  122         2. Implement a new performance accountability system during
  123  a 3-year transition period in order to ensure that the new
  124  standards are thoroughly incorporated in all grades and subject
  125  areas; that instructional materials are available and aligned to
  126  the new standards; that technology is available for instruction
  127  in, and assessment on, the new standards; that teachers and
  128  administrators receive sufficient professional development in
  129  the new standards; and that the new assessment is aligned to the
  130  new standards. Student performance on the new assessment shall
  131  be reported and used to make decisions on graduation, promotion,
  132  and retention. However, performance on the new assessment may
  133  not be the sole determiner for graduation, promotion, or
  134  retention. A new performance accountability system shall be in
  135  place for the 2017-2018 school year.
  136         3. Suspend the school grading system during the 3-year
  137  transition period. However, student performance on the new
  138  assessment and other statewide assessments shall be reported to
  139  the public in a format that indicates a school’s performance.
  140  Low-performing schools must continue to receive additional focus
  141  and resources.
  142         4. Modify the teacher evaluation system to reflect the
  143  implementation of the new performance accountability system. The
  144  percentage of the evaluation based on student performance shall
  145  be modified in acknowledgment of the transition period. Pay-for
  146  performance requirements shall be extended, but school districts
  147  may continue or implement pay-for-performance systems that have
  148  been adopted.
  149         5. Establish a Transition Education Accountability Task
  150  Force to advise the Governor, the President of the Senate, the
  151  Speaker of the House of Representatives, and the State Board of
  152  Education during the 3-year transition period. The task force
  153  shall consist of leaders in education, parents, and members of
  154  the business community.
  156  Transition Education Accountability Task Force is established to
  157  monitor the education performance accountability system while in
  158  transition and provide recommendations for the new performance
  159  accountability system to be implemented in the 2017-2018 school
  160  year. The task force shall be administratively housed in the
  161  Executive Office of the Governor.
  162         (a) The task force consists of the following 15 members:
  163         1. Five members, appointed by the Governor, to include:
  164         a. A former district school superintendent of a school
  165  district in this state, who shall serve as chair.
  166         b. A high school principal who is employed at a public
  167  school in this state.
  168         c. A teacher who is employed by a school district in this
  169  state and who is a member of the Florida Education Association.
  170         d. A parent of a student in a public school in this state.
  171         e. A member of the business community who has at least one
  172  child who is currently enrolled in or who has graduated from a
  173  public school in this state.
  174         2. Five members, appointed by the President of the Senate,
  175  to include:
  176         a. A current superintendent of a large school district in
  177  this state.
  178         b. A district school board member from a small or medium
  179  school district in this state.
  180         c. A middle school principal employed by a school district
  181  in this state.
  182         d. A teacher who is employed by a school district in this
  183  state.
  184         e. A member of the business community who has at least one
  185  child who is currently enrolled in or who has graduated from a
  186  public school in this state.
  187         3. Five members, appointed by the Speaker of the House of
  188  Representatives, to include:
  189         a. A current superintendent of a small or medium school
  190  district in this state.
  191         b. A current district school board member from a large
  192  school district in this state.
  193         c. An elementary school principal employed by a school
  194  district in this state.
  195         d. A member of the Florida PTA.
  196         e. A member of the business community who has at least one
  197  child who is currently enrolled in or who has graduated from a
  198  public school in this state.
  199         (b) The duties and responsibilities of the task force are
  200  to:
  201         1. Review and make recommendations to the Commissioner of
  202  Education on all proposals relating to the performance
  203  accountability system.
  204         2. Recommend accountability measures for consideration by
  205  the State Board of Education during the 3-year transition period
  206  for implementing the new performance accountability system.
  207         3. Develop recommendations for the performance
  208  accountability system to be implemented in the 2017-2018 school
  209  year.
  210         4. Provide a forum for the public to discuss concerns and
  211  to make recommendations relating to school accountability.
  212         (c) The task force members shall have an organizational
  213  meeting no later than August 1, 2014, and shall meet quarterly
  214  thereafter or at the call of the chair. Task force members may
  215  not be paid but are entitled to receive per diem and
  216  reimbursement for travel expenses and as provided in s. 112.061.
  217  The Commissioner of Education shall provide professional and
  218  administrative services to the task force. The task force shall
  219  regularly report to the State Board of Education regarding the
  220  progress of the new performance accountability system. The task
  221  force shall submit a report to the Governor, the President of
  222  the Senate, the Speaker of the House of Representatives, and the
  223  State Board of Education no later than January 15 of each year.
  224         (d) The task force shall comply with the requirements for
  225  commissions in s. 20.052.
  226         (e) The task force shall expire after submission of a final
  227  report on December 1, 2018.
  228         Section 2. Subsection (1) of section 1003.41, Florida
  229  Statutes, is amended to read:
  230         1003.41 Next Generation Sunshine State Standards.—
  231         (1) Next Generation Sunshine State Standards establish the
  232  core content of the curricula to be taught in the state and
  233  specify the core content knowledge and skills that K-12 public
  234  school students are expected to acquire. Standards must be
  235  rigorous and relevant and provide for the logical, sequential
  236  progression of core curricular content that incrementally
  237  increases a student’s core content knowledge and skills over
  238  time. Curricular content for all subjects must integrate
  239  critical-thinking, problem-solving, and workforce-literacy
  240  skills; communication, reading, and writing skills; mathematics
  241  skills; collaboration skills; contextual and applied-learning
  242  skills; technology-literacy skills; information and media
  243  literacy skills; and civic-engagement skills. The standards must
  244  include distinct grade-level expectations for the core content
  245  knowledge and skills that a student is expected to have acquired
  246  by each individual grade level from kindergarten through grade
  247  8. The standards for grades 9 through 12 may be organized by
  248  grade clusters of more than one grade level except as otherwise
  249  provided for visual and performing arts, physical education,
  250  health, and foreign language standards. The implementation of
  251  the standards as adopted by rule of the State Board of Education
  252  in 2010 shall be extended through the 2016-2017 school year.
  253         Section 3. Present paragraphs (e) through (h) of subsection
  254  (3) of section 1008.22, Florida Statutes, are redesignated as
  255  paragraphs (f) through (i), respectively, a new paragraph (e) is
  256  added to that subsection, and paragraph (a) of subsection (3)
  257  and paragraphs (a) and (c) of subsection (6) of that section are
  258  amended, to read:
  259         1008.22 Student assessment program for public schools.—
  261  Commissioner of Education shall design and implement a
  262  statewide, standardized assessment program aligned to the core
  263  curricular content established in the Next Generation Sunshine
  264  State Standards. The commissioner also must develop or select
  265  and implement a common battery of assessment tools that will be
  266  used in all juvenile justice education programs in the state.
  267  These tools must accurately measure the core curricular content
  268  established in the Next Generation Sunshine State Standards.
  269  Participation in the assessment program is mandatory for all
  270  school districts and all students attending public schools,
  271  including students seeking an adult high school diploma and
  272  students in Department of Juvenile Justice education programs,
  273  except as otherwise prescribed by the commissioner. If a student
  274  does not participate in the assessment program, the school
  275  district must notify the student’s parent and provide the parent
  276  with information regarding the implications of such
  277  nonparticipation. The statewide, standardized assessment program
  278  shall be designed and implemented as follows:
  279         (a) Florida Comprehensive Assessment Test (FCAT) until
  280  replaced by other common core assessments.—FCAT Reading shall be
  281  administered annually in grades 3 through 10; FCAT Mathematics
  282  shall be administered annually in grades 3 through 8; FCAT
  283  Writing shall be administered annually at least once at the
  284  elementary, middle, and high school levels; and FCAT Science
  285  shall be administered annually at least once at the elementary
  286  and middle grades levels. A student who has not earned a passing
  287  score on grade 10 FCAT Reading must participate in each retake
  288  of the assessment until the student earns a passing score. The
  289  commissioner shall recommend and the State Board of Education
  290  must adopt a score on both the SAT and ACT that is concordant to
  291  a passing score on grade 10 FCAT Reading that, if achieved by a
  292  student, meets the must-pass requirement for grade 10 FCAT
  293  Reading. However, if the FCAT is not replaced by a new
  294  assessment described in paragraph (e), the student’s performance
  295  on the FCAT may not be used as a requirement for graduation,
  296  promotion, or retention during the transition period from the
  297  FCAT to the new assessment. In addition, student performance may
  298  not be used in the assignment of school grades during the 3-year
  299  transition period.
  300         (e) New statewide assessment.—The Commissioner of Education
  301  shall select a new statewide assessment that accurately and
  302  appropriately measures the new standards. The new assessment is
  303  critical to the continued success of this state’s performance
  304  accountability system. Performance on the assessment impacts
  305  graduation, promotion, and retention decisions of students and
  306  ultimately impacts the employment, retention, and pay for
  307  teachers and school administrators. The new assessment must
  308  undergo a rigorous content review measured against this state’s
  309  standards. The reliability and validity of the new assessment
  310  must be determined before its use in measuring student
  311  performance and evaluating teachers and school administrators.
  312  In addition, the new assessment must compare the performance of
  313  students in this state with the performance of students in other
  314  states. The 3-year transition period for administering the new
  315  assessment shall proceed as follows:
  316         1. The 2014-2015 school year shall be the first year for
  317  administrating the new assessment. The assessment must be a
  318  comprehensive field test that replaces the FCAT. After the field
  319  test, a thorough impact data review must be conducted.
  320         2. For the 2015-2016 school year, the new assessment must
  321  be administered and incorporate any modifications made during or
  322  following the prior school year, including adjustments in
  323  technology requirements.
  324         3. After calculating the results of the 2016-2017
  325  administration of the new assessment, the standards and cut
  326  scores for graduation, promotion, and retention shall be
  327  established before the beginning of the 2017-2018 school year.
  328         (6) LOCAL ASSESSMENTS.—
  329         (a) Measurement of student learning gains in all subjects
  330  and grade levels, except those subjects and grade levels
  331  measured under the statewide, standardized assessment program
  332  described in this section, is the responsibility of the school
  333  districts. The Department of Education shall, at a minimum,
  334  provide to school districts assessments for subjects in
  335  prekindergarten through grade 2 and nonstatewide-assessed
  336  subjects in grades 3 through 12.
  337         (c) In implementing the requirements in paragraph (a), the
  338  Commissioner of Education shall identify methods to assist and
  339  support districts that may develop and acquire their own in the
  340  development and acquisition of assessments required under this
  341  subsection. Methods may include developing item banks,
  342  facilitating the sharing of developed tests among school
  343  districts, acquiring assessments from state and national
  344  curriculum-area organizations, and providing technical
  345  assistance in best professional practices of test development
  346  based upon state-adopted curriculum standards, administration,
  347  and security. The commissioner shall collaborate with a
  348  consortium of school district representatives in developing the
  349  assessments required under this subsection. The purpose of the
  350  consortium is to avoid unnecessary duplication of assessments,
  351  to more efficiently use limited resources, and to ensure
  352  alignment with the standards among the districts.
  353         Section 4. Paragraph (c) of subsection (1) of section
  354  1008.31, Florida Statutes, is amended, and paragraph (f) is
  355  added to that subsection, to read:
  356         1008.31 Florida’s K-20 education performance accountability
  357  system; legislative intent; mission, goals, and systemwide
  358  measures; data quality improvements.—
  359         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  360  that:
  361         (c) The K-20 education performance accountability system
  362  comply with the requirements of the “No Child Left Behind Act of
  363  2001,” Pub. L. No. 107-110, and the Individuals with
  364  Disabilities Education Act (IDEA). The Commissioner of Education
  365  shall notify the United States Department of Education regarding
  366  the 3-year transition period to implement the new performance
  367  accountability system under paragraph (f) in order to maintain
  368  compliance with the requirements of the “No Child Left Behind
  369  Act of 2001.”
  370         (f) Notwithstanding any other provision of law, the K-12
  371  education performance accountability system shall be in
  372  transition for 3 years, and a new performance accountability
  373  system shall be fully implemented during the 2017-2018 school
  374  year. After receiving recommendations from the Transition
  375  Education Accountability Task Force, the Commissioner of
  376  Education shall recommend to the State Board of Education annual
  377  accountability measures that must be quantified and reported
  378  during the 3-year transition period to keep the public informed
  379  of the performance of students and schools.
  380         Section 5. Present subsection (8) of section 1008.34,
  381  Florida Statutes, is redesignated as subsection (9), and a new
  382  subsection (8) is added to that section, to read:
  383         1008.34 School grading system; school report cards;
  384  district grade.—
  385         (8) Notwithstanding any other provision of law, the school
  386  grading system shall be suspended during the 2014-2015, 2015
  387  2016, and 2016-2017 school years. A new education performance
  388  accountability system under s. 1008.31(1), including school
  389  grades, shall be implemented in the 2017-2018 school year.
  390  During the 3-year transition period to implement the new
  391  performance accountability system, each school district shall
  392  report on student performance and school performance, including
  393  performance indicators based on proficiency and learning gains;
  394  performance by content area and grade level to be used to target
  395  assistance and interventions at the district level or state
  396  level; and growth measures for all subgroups in accordance with
  397  the federal Elementary and Secondary Education Act (ESEA), 20
  398  U.S.C. ss. 6301 et seq., to be compared to each subgroup’s
  399  median growth measure to determine if progress is being made.
  400         Section 6. Subsection (1) and paragraph (d) of subsection
  401  (6) of section 1008.345, Florida Statutes, are amended to read:
  402         1008.345 Implementation of state system of school
  403  improvement and education accountability.—
  404         (1) The Commissioner of Education shall implement and
  405  maintain is responsible for implementing and maintaining a
  406  system of intensive school improvement and stringent education
  407  accountability and continue to do so during the 3-year
  408  transition period for implementing the new performance
  409  accountability system under s. 1008.31(1). The system of
  410  intensive school improvement and stringent education
  411  accountability must, which shall include policies and programs
  412  to implement the following:
  413         (a) A system of data collection and analysis that will
  414  improve information about the educational success of individual
  415  students and schools, including schools operating for the
  416  purpose of providing educational services to youth in Department
  417  of Juvenile Justice programs. The information and analyses must
  418  be capable of identifying educational programs or activities in
  419  need of improvement, and reports prepared pursuant to this
  420  paragraph shall be distributed to the appropriate district
  421  school boards prior to distribution to the general public. This
  422  provision shall not preclude access to public records as
  423  provided in chapter 119.
  424         (b) A program of school improvement that will analyze
  425  information to identify schools, including schools operating for
  426  the purpose of providing educational services to youth in
  427  Department of Juvenile Justice programs, educational programs,
  428  or educational activities in need of improvement.
  429         (c) A method of delivering services to assist school
  430  districts and schools to improve, including schools operating
  431  for the purpose of providing educational services to youth in
  432  Department of Juvenile Justice programs.
  433         (d) A method of coordinating with the state educational
  434  goals and school improvement plans any other state program that
  435  creates incentives for school improvement.
  436         (6)
  437         (d) The commissioner shall assign a community assessment
  438  team to each school district or governing board with a school
  439  that earned a grade of “F” or three consecutive grades of “D”
  440  pursuant to s. 1008.34 or that is deemed to be low performing
  441  during the 3-year transition period for implementing the new
  442  performance accountability system under s. 1008.31(1) to review
  443  the school performance data and determine causes for the low
  444  performance, including the role of school, area, and district
  445  administrative personnel. The community assessment team shall
  446  review a high school’s graduation rate calculated without GED
  447  tests for the past 3 years, disaggregated by student ethnicity.
  448  The team shall make recommendations to the school board or the
  449  governing board and to the State Board of Education which
  450  address the causes of the school’s low performance and may be
  451  incorporated into the school improvement plan. The assessment
  452  team shall include, but not be limited to, a department
  453  representative, parents, business representatives, educators,
  454  representatives of local governments, and community activists,
  455  and shall represent the demographics of the community from which
  456  they are appointed.
  457         Section 7. Subsection (2) of section 1008.385, Florida
  458  Statutes, is amended to read:
  459         1008.385 Educational planning and information systems.—
  461  Commissioner of Education shall develop and implement an
  462  integrated information system for educational management. The
  463  system must be designed to collect, via electronic transfer, all
  464  student and school performance data required to ascertain the
  465  degree to which schools and school districts are meeting state
  466  performance standards, and must be capable of producing data for
  467  a comprehensive annual report on school and district
  468  performance. In addition, the system shall support, as feasible,
  469  the management decisions to be made in each division of the
  470  department and at the individual school and district levels.
  471  Similar data elements among divisions and levels shall be
  472  compatible. The system shall be based on an overall conceptual
  473  design; the information needed for such decisions, including
  474  fiscal, student, program, personnel, facility, community,
  475  evaluation, and other relevant data; and the relationship
  476  between cost and effectiveness. The system shall be managed and
  477  administered by the commissioner and shall include a district
  478  subsystem component to be administered at the district level,
  479  with input from the reports-and-forms control management
  480  committees. Each district school system that has with a unique
  481  management information system must shall assure that
  482  compatibility exists between its unique system and the district
  483  component of the state system so that all data required as input
  484  to the state system is made available via electronic transfer
  485  and in the appropriate input format.
  486         (a) The specific responsibilities of the commissioner shall
  487  include:
  488         1. Consulting with school district representatives in the
  489  development of the system design model and implementation plans
  490  for the management information system for public school
  491  education management;
  492         2. Providing operational definitions for the proposed
  493  system, including criteria for issuing and revoking master
  494  school identification numbers to support the maintenance of
  495  education records, to enforce and support education
  496  accountability, to support the distribution of funds to school
  497  districts, to support the preparation and analysis of school
  498  district financial reports, and to assist the commissioner in
  499  carrying out the duties specified in ss. 1001.10 and 1001.11;
  500         3. Determining the information and specific data elements
  501  required for the management decisions made at each educational
  502  level, recognizing that the primary unit for information input
  503  is the individual school and recognizing that time and effort of
  504  instructional personnel expended in collection and compilation
  505  of data should be minimized;
  506         4. Developing standardized terminology and procedures to be
  507  followed at all levels of the system;
  508         5. Developing a standard transmittal format to be used for
  509  collection of data from the various levels of the system;
  510         6. Developing appropriate computer programs to assure
  511  integration of the various information components dealing with
  512  students, personnel, facilities, fiscal, program, community, and
  513  evaluation data;
  514         7. Developing the necessary programs to provide statistical
  515  analysis of the integrated data provided in subparagraph 6. in
  516  such a way that required reports may be disseminated,
  517  comparisons may be made, and relationships may be determined in
  518  order to provide the necessary information for making management
  519  decisions at all levels;
  520         8. Developing output report formats which will provide
  521  district school systems with information for making management
  522  decisions at the various educational levels;
  523         9. Developing a phased plan for distributing computer
  524  services equitably among all public schools and school districts
  525  in the state as rapidly as possible. The plan must shall
  526  describe alternatives available to the state in providing such
  527  computing services and shall contain estimates of the cost of
  528  each alternative, together with a recommendation for action. In
  529  developing the plan, the feasibility of shared use of computing
  530  hardware and software by school districts, Florida College
  531  System institutions, and universities shall be examined. Laws or
  532  administrative rules regulating procurement of data processing
  533  equipment, communication services, or data processing services
  534  by state agencies do shall not be construed to apply to local
  535  agencies that which share computing facilities with state
  536  agencies;
  537         10. Assisting the district school systems in establishing
  538  their subsystem components and assuring compatibility with
  539  current district systems;
  540         11. Establishing procedures for continuous evaluation of
  541  system efficiency and effectiveness;
  542         12. Initiating a reports-management and forms-management
  543  system to ascertain that duplication in collection of data does
  544  not exist and that forms and reports for reporting under state
  545  and federal requirements and other forms and reports are
  546  prepared in a logical and uncomplicated format, resulting in a
  547  reduction in the number and complexity of required reports,
  548  particularly at the school level; and
  549         13. Publishing minimum, recommended technology requirements
  550  that include specifications for hardware, software, networking,
  551  security, and broadband capacity to facilitate all school
  552  districts’ compliance with the requirement that assessments be
  553  administered online. Full implementation of online assessments
  554  for Next Generation Sunshine State Standards in English Language
  555  Arts and mathematics adopted under s. 1003.41 for all K-12
  556  public school students shall occur only after the technology
  557  infrastructure, connectivity, and capacity of all public schools
  558  and school districts are load tested and independently verified
  559  as ready for successful deployment and implementation. The
  560  Commissioner of Education shall submit a report on the
  561  implementation of the technology requirements by school
  562  districts, including any implementation and funding issues
  563  reported by each school district, to the Governor, the President
  564  of the Senate, and the Speaker of the House of Representatives
  565  by January 15 of each year; and
  566         14.13. Initiating such other actions as are necessary to
  567  carry out the intent of the Legislature that a management
  568  information system for public school management needs be
  569  implemented. Such other actions shall be based on criteria
  570  including, but not limited to:
  571         a. The purpose of the reporting requirement;
  572         b. The origination of the reporting requirement;
  573         c. The date of origin of the reporting requirement; and
  574         d. The date of repeal of the reporting requirement.
  575         (b) The specific responsibilities of each district school
  576  system shall include:
  577         1. Establishing, at the district level, a reports-control
  578  and forms-control management system committee composed of school
  579  administrators and classroom teachers. The district school board
  580  shall appoint school administrator members and classroom teacher
  581  members or, in school districts where appropriate, the classroom
  582  teacher members shall be appointed by the bargaining agent.
  583  Teachers shall constitute a majority of the committee
  584  membership. The committee shall periodically recommend
  585  procedures to the district school board for eliminating,
  586  reducing, revising, and consolidating paperwork and data
  587  collection requirements and shall submit to the district school
  588  board an annual report of its findings.
  589         2. With assistance from the commissioner, developing
  590  systems compatibility between the state management information
  591  system and unique local systems.
  592         3. Providing, with the assistance of the department,
  593  inservice training dealing with management information system
  594  purposes and scope, a method of transmitting input data, and the
  595  use of output report information.
  596         4. Establishing a plan for continuous review and evaluation
  597  of local management information system needs and procedures.
  598         5. Advising the commissioner of all district management
  599  information needs.
  600         6. Transmitting required data input elements to the
  601  appropriate processing locations in accordance with guidelines
  602  established by the commissioner.
  603         7. Determining required reports, comparisons, and
  604  relationships to be provided to district school systems by the
  605  system output reports, continuously reviewing these reports for
  606  usefulness and meaningfulness, and submitting recommended
  607  additions, deletions, and change requirements in accordance with
  608  the guidelines established by the commissioner.
  609         8. Being responsible for the accuracy of all data elements
  610  transmitted to the department.
  611         9. Implementing the technology requirements for
  612  administering assessments online. Each district school
  613  superintendent shall submit a report to the Commissioner of
  614  Education which specifies whether the school district is in
  615  compliance with the technology requirements, outstanding
  616  implementation issues, and funding requirements to implement and
  617  maintain the technology requirements.
  618         (c) It is the intent of the Legislature that the expertise
  619  in the state system of public education, as well as contracted
  620  services, be used utilized to hasten the plan for full
  621  implementation of a comprehensive management information system.
  622         Section 8. Paragraph (c) of subsection (1) of section
  623  1012.22, Florida Statutes, is amended to read:
  624         1012.22 Public school personnel; powers and duties of the
  625  district school board.—The district school board shall:
  626         (1) Designate positions to be filled, prescribe
  627  qualifications for those positions, and provide for the
  628  appointment, compensation, promotion, suspension, and dismissal
  629  of employees as follows, subject to the requirements of this
  630  chapter:
  631         (c) Compensation and salary schedules.—
  632         1. Definitions.—As used in this paragraph:
  633         a. “Adjustment” means an addition to the base salary
  634  schedule that is not a bonus and becomes part of the employee’s
  635  permanent base salary and shall be considered compensation under
  636  s. 121.021(22).
  637         b. “Grandfathered salary schedule” means the salary
  638  schedule or schedules adopted by a district school board before
  639  July 1, 2014, pursuant to subparagraph 4.
  640         c. “Instructional personnel” means instructional personnel
  641  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  642  teachers.
  643         d. “Performance salary schedule” means the salary schedule
  644  or schedules adopted by a district school board pursuant to
  645  subparagraph 5.
  646         e. “Salary schedule” means the schedule or schedules used
  647  to provide the base salary for district school board personnel.
  648         f. “School administrator” means a school administrator as
  649  defined in s. 1012.01(3)(c).
  650         g. “Supplement” means an annual addition to the base salary
  651  for the term of the negotiated supplement as long as the
  652  employee continues his or her employment for the purpose of the
  653  supplement. A supplement does not become part of the employee’s
  654  continuing base salary but shall be considered compensation
  655  under s. 121.021(22).
  656         2. Cost-of-living adjustment.—A district school board may
  657  provide a cost-of-living salary adjustment if the adjustment:
  658         a. Does not discriminate among comparable classes of
  659  employees based upon the salary schedule under which they are
  660  compensated.
  661         b. Does not exceed 50 percent of the annual adjustment
  662  provided to instructional personnel rated as effective.
  663         3. Advanced degrees.—A district school board may not use
  664  advanced degrees in setting a salary schedule for instructional
  665  personnel or school administrators hired on or after July 1,
  666  2011, unless the advanced degree is held in the individual’s
  667  area of certification and is only a salary supplement.
  668         4. Grandfathered salary schedule.—
  669         a. The district school board shall adopt a salary schedule
  670  or salary schedules to be used as the basis for paying all
  671  school employees hired before July 1, 2017 2014. Instructional
  672  personnel on annual contract as of July 1, 2017 2014, shall be
  673  placed on the performance salary schedule adopted under
  674  subparagraph 5. Instructional personnel on continuing contract
  675  or professional service contract may opt into the performance
  676  salary schedule if the employee relinquishes such contract and
  677  agrees to be employed on an annual contract under s. 1012.335.
  678  Such an employee shall be placed on the performance salary
  679  schedule and may not return to continuing contract or
  680  professional service contract status. Any employee who opts into
  681  the performance salary schedule may not return to the
  682  grandfathered salary schedule.
  683         b. In determining the grandfathered salary schedule for
  684  instructional personnel, a district school board must base a
  685  portion of each employee’s compensation upon performance
  686  demonstrated under s. 1012.34 and shall provide differentiated
  687  pay for both instructional personnel and school administrators
  688  based upon district-determined factors, including, but not
  689  limited to, additional responsibilities, school demographics,
  690  critical shortage areas, and level of job performance
  691  difficulties.
  692         5. Performance salary schedule.—By July 1, 2017 2014, the
  693  district school board shall adopt a performance salary schedule
  694  that provides annual salary adjustments for instructional
  695  personnel and school administrators based upon performance
  696  determined under s. 1012.34. Employees hired on or after July 1,
  697  2017 2014, or employees who choose to move from the
  698  grandfathered salary schedule to the performance salary schedule
  699  shall be compensated pursuant to the performance salary schedule
  700  once they have received the appropriate performance evaluation
  701  for this purpose. However, a classroom teacher whose performance
  702  evaluation uses utilizes student learning growth measures
  703  established under s. 1012.34(7)(e) may, but is not required to,
  704  shall remain under the grandfathered salary schedule until his
  705  or her teaching assignment changes to a subject for which there
  706  is an assessment or the school district establishes equally
  707  appropriate measures of student learning growth as defined under
  708  s. 1012.34 and rules of the State Board of Education. During the
  709  3-year transition period for implementing the new performance
  710  accountability system under s. 1008.31(1), pay may be based on
  711  the performance on the instructional practice portion of the
  712  assessment and district-determined outcome measures.
  713         a. Base salary.—The base salary shall be established as
  714  follows:
  715         (I) The base salary for instructional personnel or school
  716  administrators who opt into the performance salary schedule
  717  shall be the salary paid in the prior year, including
  718  adjustments only.
  719         (II) Beginning July 1, 2017 2014, instructional personnel
  720  or school administrators new to the district, returning to the
  721  district after a break in service without an authorized leave of
  722  absence, or appointed for the first time to a position in the
  723  district in the capacity of instructional personnel or school
  724  administrator shall be placed on the performance salary
  725  schedule.
  726         b. Salary adjustments.—Salary adjustments for highly
  727  effective or effective performance shall be established as
  728  follows:
  729         (I) The annual salary adjustment under the performance
  730  salary schedule for an employee rated as highly effective must
  731  be greater than the highest annual salary adjustment available
  732  to an employee of the same classification through any other
  733  salary schedule adopted by the district.
  734         (II) The annual salary adjustment under the performance
  735  salary schedule for an employee rated as effective must be equal
  736  to at least 50 percent and no more than 75 percent of the annual
  737  adjustment provided for a highly effective employee of the same
  738  classification.
  739         (III) The performance salary schedule shall not provide an
  740  annual salary adjustment for an employee who receives a rating
  741  other than highly effective or effective for the year.
  742         c. Salary supplements.—In addition to the salary
  743  adjustments, each district school board shall provide for salary
  744  supplements for activities that must include, but are not
  745  limited to:
  746         (I) Assignment to a Title I eligible school.
  747         (II) Assignment to a school that earned a grade of “F” or
  748  three consecutive grades of “D” pursuant to s. 1008.34 such that
  749  the supplement remains in force for at least 1 year following
  750  improved performance in that school.
  751         (III) Certification and teaching in critical teacher
  752  shortage areas. Statewide critical teacher shortage areas shall
  753  be identified by the State Board of Education under s. 1012.07.
  754  However, the district school board may identify other areas of
  755  critical shortage within the school district for purposes of
  756  this sub-sub-subparagraph and may remove areas identified by the
  757  state board which do not apply within the school district.
  758         (IV) Assignment of additional academic responsibilities.
  760  If budget constraints in any given year limit a district school
  761  board’s ability to fully fund all adopted salary schedules, the
  762  performance salary schedule shall not be reduced on the basis of
  763  total cost or the value of individual awards in a manner that is
  764  proportionally greater than reductions to any other salary
  765  schedules adopted by the district.
  766         Section 9. Paragraph (a) of subsection (3) and paragraphs
  767  (b) through (e) of subsection (7) of section 1012.34, Florida
  768  Statutes, are amended to read:
  769         1012.34 Personnel evaluation procedures and criteria.—
  770         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  771  personnel and school administrator performance evaluations must
  772  be based upon the performance of students assigned to their
  773  classrooms or schools, as provided in this section. Pursuant to
  774  this section, a school district’s performance evaluation is not
  775  limited to basing unsatisfactory performance of instructional
  776  personnel and school administrators solely upon student
  777  performance, but may include other criteria approved to evaluate
  778  instructional personnel and school administrators’ performance,
  779  or any combination of student performance and other approved
  780  criteria. Evaluation procedures and criteria must comply with,
  781  but are not limited to, the following:
  782         (a) A performance evaluation must be conducted for each
  783  employee at least once a year, except that a classroom teacher,
  784  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  785  who is newly hired by the district school board must be observed
  786  and evaluated at least twice in the first year of teaching in
  787  the school district. The performance evaluation must be based
  788  upon sound educational principles and contemporary research in
  789  effective educational practices. The evaluation criteria must
  790  include:
  791         1. Performance of students.—At least 30 50 percent of a
  792  performance evaluation must be based upon data and indicators of
  793  student learning growth assessed annually by statewide
  794  assessments or, for subjects and grade levels not measured by
  795  statewide assessments, by school district assessments as
  796  provided in s. 1008.22(8), and 20 percent must be based on
  797  district-determined outcome measures including, but not limited
  798  to, school improvement goals, professional growth plans, and
  799  student or parent surveys. For those grades and subjects for
  800  which no assessment is developed, a school district may develop
  801  student learning growth measures for such grades and subjects
  802  until the assessments are available. Each school district must
  803  use the formula adopted pursuant to paragraph (7)(a) for
  804  measuring student learning growth in all courses associated with
  805  statewide assessments and must select an equally appropriate
  806  formula for measuring student learning growth for all other
  807  grades and subjects, except as otherwise provided in subsection
  808  (7).
  809         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  810  excluding substitute teachers, the student learning growth
  811  portion of the evaluation must include growth data for students
  812  assigned to the teacher over the course of at least 3 years. If
  813  less than 3 years of data are available, the years for which
  814  data are available must be used and the percentage of the
  815  evaluation based upon student learning growth may be reduced to
  816  not less than 20 40 percent.
  817         b. For instructional personnel who are not classroom
  818  teachers, the student learning growth portion of the evaluation
  819  must include growth data on statewide assessments for students
  820  assigned to the instructional personnel over the course of at
  821  least 3 years, or may include a combination of student learning
  822  growth data and other measurable student outcomes that are
  823  specific to the assigned position, provided that the student
  824  learning growth data accounts for not less than 30 percent of
  825  the evaluation. If less than 3 years of student growth data are
  826  available, the years for which data are available must be used
  827  and the percentage of the evaluation based upon student learning
  828  growth may be reduced to not less than 20 percent.
  829         c. For school administrators, the student learning growth
  830  portion of the evaluation must include growth data for students
  831  assigned to the school over the course of at least 3 years. If
  832  less than 3 years of data are available, the years for which
  833  data are available must be used and the percentage of the
  834  evaluation based upon student learning growth may be reduced to
  835  not less than 20 40 percent.
  836         2. Instructional practice.—Evaluation criteria used when
  837  annually observing classroom teachers, as defined in s.
  838  1012.01(2)(a), excluding substitute teachers, must include
  839  indicators based upon each of the Florida Educator Accomplished
  840  Practices adopted by the State Board of Education. For
  841  instructional personnel who are not classroom teachers,
  842  evaluation criteria must be based upon indicators of the Florida
  843  Educator Accomplished Practices and may include specific job
  844  expectations related to student support.
  845         3. Instructional leadership.—For school administrators,
  846  evaluation criteria must include indicators based upon each of
  847  the leadership standards adopted by the State Board of Education
  848  under s. 1012.986, including performance measures related to the
  849  effectiveness of classroom teachers in the school, the
  850  administrator’s appropriate use of evaluation criteria and
  851  procedures, recruitment and retention of effective and highly
  852  effective classroom teachers, improvement in the percentage of
  853  instructional personnel evaluated at the highly effective or
  854  effective level, and other leadership practices that result in
  855  student learning growth. The system may include a means to give
  856  parents and instructional personnel an opportunity to provide
  857  input into the administrator’s performance evaluation.
  858         4. Professional and job responsibilities.—For instructional
  859  personnel and school administrators, other professional and job
  860  responsibilities must be included as adopted by the State Board
  861  of Education. The district school board may identify additional
  862  professional and job responsibilities.
  864         (b) Beginning in the 2017-2018 2011-2012 school year, each
  865  school district shall measure student learning growth using the
  866  formula approved by the commissioner under paragraph (a) for
  867  courses associated with the new statewide assessment that
  868  replaces the FCAT. Each school district shall implement the
  869  additional student learning growth measures selected by the
  870  commissioner under paragraph (a) for the remainder of the
  871  statewide assessments included under s. 1008.22 as they become
  872  available. Beginning in the 2017-2018 2014-2015 school year, for
  873  grades and subjects not assessed by statewide assessments but
  874  otherwise assessed as required under s. 1008.22(8) or for which
  875  district-determined outcome measures are used, each school
  876  district shall measure student learning growth using an equally
  877  appropriate formula. The department shall provide models for
  878  measuring student learning growth which school districts may
  879  adopt.
  880         (c) For a course that is not measured by a statewide
  881  assessment, a school district may request, through the
  882  evaluation system approval process, to use a student achievement
  883  measure rather than a student learning growth measure if
  884  achievement is demonstrated to be a more appropriate measure of
  885  classroom teacher performance. A school district may also
  886  request to use a combination of student learning growth and
  887  achievement, if appropriate.
  888         (d) If the student learning growth in a course is not
  889  measured by a statewide assessment but is measured by a school
  890  district assessment, a school district may include in request,
  891  through the evaluation system approval process, that the
  892  performance evaluation for the classroom teacher assigned to
  893  that course include the learning growth of his or her students
  894  on FCAT Reading, or FCAT Mathematics, or an applicable statewide
  895  assessment. The request must clearly explain the rationale
  896  supporting the request. However, the classroom teacher’s
  897  performance evaluation must give greater weight to student
  898  learning growth on the district assessment.
  899         (e) For classroom teachers of courses for which the
  900  district has not implemented appropriate assessments under s.
  901  1008.22(8) or for which the school district has not adopted an
  902  equally appropriate measure of student learning growth under
  903  paragraphs (b)-(d), student learning growth must be measured by
  904  the growth in learning of the classroom teacher’s students on
  905  statewide assessments, or, for courses in which enrolled
  906  students do not take the statewide assessments, measurable
  907  learning targets must be established based upon the goals of the
  908  school improvement plan and approved by the school principal. A
  909  district school superintendent may assign to instructional
  910  personnel in an instructional team the student learning growth
  911  of the instructional team’s students on statewide assessments.
  912  This paragraph expires July 1, 2015.
  913         Section 10. Subsection (1) of section 1012.3401, Florida
  914  Statutes, is amended to read:
  915         1012.3401 Requirements for measuring student performance in
  916  instructional personnel and school administrator performance
  917  evaluations; performance evaluation of personnel for purposes of
  918  performance salary schedule.—Notwithstanding any provision to
  919  the contrary in ss. 1012.22 and 1012.34 regarding the
  920  performance salary schedule and personnel evaluation procedures
  921  and criteria:
  922         (1) At least 30 50 percent of a classroom teacher’s or
  923  school administrator’s performance evaluation, or 20 40 percent
  924  if less than 3 years of student performance data are available,
  925  shall be based upon learning growth or achievement of the
  926  teacher’s students or, for a school administrator, the students
  927  attending that school; the remaining portion shall be based upon
  928  factors identified in district-determined, state-approved
  929  evaluation system plans. Student achievement measures for
  930  courses associated with statewide assessments may be used only
  931  if a statewide growth formula has not been approved for that
  932  assessment or, for courses associated with school district
  933  assessments, if achievement is demonstrated to be a more
  934  appropriate measure of teacher performance.
  935         Section 11. This act shall take effect July 1, 2014.