Florida Senate - 2015 SB 1544
By Senator Bullard
1 A bill to be entitled
2 An act relating to school personnel evaluations;
3 amending s. 1012.34, F.S.; requiring a school
4 district’s instructional personnel and school
5 administrator performance evaluations to include
6 certain criteria; revising the percentage of an
7 evaluation which is based on the performance of
8 students; revising the method and data used and the
9 approval process for a school district to measure
10 student learning growth in performance evaluations;
11 revising the rulemaking authority of the State Board
12 of Education; amending s. 1012.3401, F.S.; revising
13 the percentage of a classroom teacher’s or school
14 administrator’s performance evaluation which is based
15 on the performance of students; authorizing additional
16 factors to consider when measuring student learning;
17 amending ss. 1004.04, 1004.85, 1012.22, 1012.341, and
18 1012.56, F.S.; conforming a cross-reference and
19 provisions to changes made by the act; providing an
20 effective date.
22 Be It Enacted by the Legislature of the State of Florida:
24 Section 1. Paragraph (b) of subsection (1) and subsections
25 (3), (6), (7), and (8) of section 1012.34, Florida Statutes, are
26 amended to read:
27 1012.34 Personnel evaluation procedures and criteria.—
28 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
29 (b) The department must approve each school district’s
30 instructional personnel and school administrator evaluation
31 systems. The department shall monitor each district’s
32 implementation of its instructional personnel and school
33 administrator evaluation systems for compliance with
34 requirements of this section and s. 1012.3401.
35 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
36 personnel and school administrator performance evaluations must
37 be based upon the performance of students assigned to their
38 classrooms or schools, as provided in this section. Pursuant to
39 this section, a school district’s performance evaluation is not
40 limited to basing unsatisfactory performance of instructional
41 personnel and school administrators solely upon student
42 performance. The performance evaluation must also , but may
43 include other criteria approved to evaluate instructional
44 personnel and school administrators’ performance, or any
45 combination of student performance and other approved criteria.
46 Evaluation procedures and criteria must comply with, but are not
47 limited to, the following:
48 (a) A performance evaluation must be conducted for each
49 employee at least once a year, except that a classroom teacher,
50 as defined in s. 1012.01(2)(a), excluding substitute teachers,
51 who is newly hired by the district school board must be observed
52 and evaluated at least twice in the first year of teaching in
53 the school district. The performance evaluation must be based
54 upon sound educational principles and contemporary research in
55 effective educational practices. The evaluation criteria must
57 1. Performance of students.—Thirty At least 50 percent of a
58 performance evaluation must be based upon data and indicators of
59 student learning growth assessed annually by statewide
60 assessments or, for subjects and grade levels not measured by
61 statewide assessments, by school district assessments as
62 provided in s. 1008.22(6). Each school district must use the
63 formula adopted pursuant to paragraph (7)(a) for measuring
64 student learning growth in all courses associated with statewide
65 assessments and must select an equally appropriate formula for
66 measuring student learning growth for all other grades and
67 subjects, except as otherwise provided in subsection (7).
68 a. For classroom teachers, as defined in s. 1012.01(2)(a),
69 excluding substitute teachers, the student learning growth
70 portion of the evaluation must include growth data for students
71 assigned to the teacher over the course of at least 3 years. If
72 less than 3 years of data are available, the years for which
73 data are available must be used and the percentage of the
74 evaluation based upon student learning growth may be reduced to
75 not less than 40 percent.
76 b. For instructional personnel who are not classroom
77 teachers, the student learning growth portion of the evaluation
78 must include growth data on statewide assessments for students
79 assigned to the instructional personnel over the course of at
80 least 3 years, or may include a combination of student learning
81 growth data and other measurable student outcomes that are
82 specific to the assigned position, provided that the student
83 learning growth data accounts for not less than 30 percent of
84 the evaluation. If less than 3 years of student growth data are
85 available, the years for which data are available must be used
86 and the percentage of the evaluation based upon student learning
87 growth may be reduced to not less than 20 percent.
88 c. For school administrators, the student learning growth
89 portion of the evaluation must include growth data for students
90 assigned to the school over the course of at least 3 years. If
91 less than 3 years of data are available, the years for which
92 data are available must be used and the percentage of the
93 evaluation based upon student learning growth may be reduced to
94 not less than 40 percent.
95 2. Instructional practice.—Evaluation criteria used when
96 annually observing classroom teachers, as defined in s.
97 1012.01(2)(a), excluding substitute teachers, must include
98 indicators based upon each of the Florida Educator Accomplished
99 Practices adopted by the State Board of Education. For
100 instructional personnel who are not classroom teachers,
101 evaluation criteria must be based upon indicators of the Florida
102 Educator Accomplished Practices and may include specific job
103 expectations related to student support.
104 3. Instructional leadership.—For school administrators,
105 evaluation criteria must include indicators based upon each of
106 the leadership standards adopted by the State Board of Education
107 under s. 1012.986, including performance measures related to the
108 effectiveness of classroom teachers in the school, the
109 administrator’s appropriate use of evaluation criteria and
110 procedures, recruitment and retention of effective and highly
111 effective classroom teachers, improvement in the percentage of
112 instructional personnel evaluated at the highly effective or
113 effective level, and other leadership practices that result in
114 student learning growth. The system may include a means to give
115 parents and instructional personnel an opportunity to provide
116 input into the administrator’s performance evaluation.
117 4. Professional and job responsibilities.—For instructional
118 personnel and school administrators, other professional and job
119 responsibilities must be included as adopted by the State Board
120 of Education. The district school board may identify additional
121 professional and job responsibilities.
122 (b) All personnel must be fully informed of the criteria
123 and procedures associated with the evaluation process before the
124 evaluation takes place.
125 (c) The individual responsible for supervising the employee
126 must evaluate the employee’s performance. The evaluation system
127 may provide for the evaluator to consider input from other
128 personnel trained under paragraph (2)(f). The evaluator must
129 submit a written report of the evaluation to the district school
130 superintendent for the purpose of reviewing the employee’s
131 contract. The evaluator must submit the written report to the
132 employee no later than 10 days after the evaluation takes place.
133 The evaluator must discuss the written evaluation report with
134 the employee. The employee shall have the right to initiate a
135 written response to the evaluation, and the response shall
136 become a permanent attachment to his or her personnel file.
137 (d) The evaluator may amend an evaluation based upon
138 assessment data from the current school year if the data becomes
139 available within 90 days after the close of the school year. The
140 evaluator must then comply with the procedures set forth in
141 paragraph (c).
142 (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
143 EVALUATION SYSTEMS.—The district school board shall establish a
144 procedure for annually reviewing instructional personnel and
145 school administrator evaluation systems to determine compliance
146 with this section and s. 1012.3401. All substantial revisions to
147 an approved evaluation system must be reviewed and approved by
148 the district school board before being used to evaluate
149 instructional personnel or school administrators. Upon request
150 by a school district, the department shall provide assistance in
151 developing, improving, or reviewing an evaluation system.
152 (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
153 (a) The Commissioner of Education shall approve a formula
154 to measure individual student learning growth on the statewide,
155 standardized assessments in English Language Arts and
156 mathematics administered under s. 1008.22. The formula must take
157 into consideration each student’s prior academic performance.
158 The formula must not set different expectations for student
159 learning growth based upon a student’s gender, race, ethnicity,
160 or socioeconomic status. In the development of the formula, the
161 commissioner shall consider other factors such as a student’s
162 attendance record, disability status, or status as an English
163 language learner. The commissioner shall select additional
164 formulas as appropriate for the remainder of the statewide
165 assessments included under s. 1008.22 and continue to select
166 formulas as new assessments are implemented in the state system.
167 After the commissioner approves the formula to measure
168 individual student learning growth, the State Board of Education
169 shall adopt these formulas in rule.
170 (b) E ach school district shall measure student learning
171 growth using the formulas approved by the commissioner under
172 paragraph (a) for courses associated with the statewide,
173 standardized assessments administered under s. 1008.22 no later
174 than the school year immediately following the year the formula
175 is approved by the commissioner. For grades and subjects not
176 assessed by statewide, standardized assessments but otherwise
177 assessed as required under s. 1008.22(6), Each school district
178 shall measure performance of students using a methodology
179 determined by the district including multiple data points that
180 must include state assessment data when available and when
181 considered appropriate by the school district. The department
182 shall provide models for measuring performance of students which
183 school districts may adopt.
184 (a) (c) For a course that is not measured by a statewide,
185 standardized assessment, a school district may request, through
186 the evaluation system approval process, to use a student’s
187 achievement level rather than student learning growth if
188 achievement is demonstrated to be a more appropriate measure of
189 classroom teacher performance. A school district may also
190 request to use a combination of student learning growth and
191 achievement, if appropriate.
192 (d) For a course that is not measured by a statewide,
193 standardized assessment, a school district may request, through
194 the evaluation system approval process, that the performance
195 evaluation for the classroom teacher assigned to that course
196 include the learning growth of his or her students on one or
197 more statewide, standardized assessments. The request must
198 clearly explain the rationale supporting the request.
199 (b) (e) For purposes of this section and only for the 2014
200 2015 school year, A school district may use measurable learning
201 targets on local assessments administered under s. 1008.22(6) to
202 evaluate the performance of the students portion of a classroom
203 teacher’s evaluation for courses that are not assessed by
204 statewide, standardized assessments. Learning targets must be
205 approved by the school principal. A district school
206 superintendent may assign to instructional personnel in an
207 instructional team the student learning growth of the
208 instructional team’s students on statewide assessments. This
209 paragraph expires July 1, 2015.
210 (8) RULEMAKING.—The State Board of Education shall adopt
211 rules pursuant to ss. 120.536(1) and 120.54 which establish
212 uniform procedures for the submission, review, and approval of
213 district evaluation systems and reporting requirements for the
214 annual evaluation of instructional personnel and school
215 administrators; specific, discrete standards for each
216 performance level required under subsection (2) to ensure clear
217 and sufficient differentiation in the performance levels and to
218 provide consistency in meaning across school districts ; the
219 measurement of student learning growth and associated
220 implementation procedures required under subsection (7); and a
221 process for monitoring school district implementation of
222 evaluation systems in accordance with this section.
223 Specifically, the rules shall establish student performance
224 levels that if not met will result in the employee receiving an
225 unsatisfactory performance evaluation rating. In like manner,
226 the rules shall establish a student performance level that must
227 be met in order for an employee to receive a highly effective
228 rating and a student learning growth standard that must be met
229 in order for an employee to receive an effective rating.
230 Section 2. Subsections (1) and (3) of section 1012.3401,
231 Florida Statutes, are amended to read:
232 1012.3401 Requirements for measuring student performance in
233 instructional personnel and school administrator performance
234 evaluations; performance evaluation of personnel for purposes of
235 performance salary schedule.—Notwithstanding any provision to
236 the contrary in ss. 1012.22 and 1012.34 regarding the
237 performance salary schedule and personnel evaluation procedures
238 and criteria:
239 (1) Thirty At least 50 percent of a classroom teacher’s or
240 school administrator’s performance evaluation , or 40 percent if
241 less than 3 years of student performance data are available,
242 shall be based upon learning growth or achievement of the
243 teacher’s students or, for a school administrator, the students
244 attending that school; the remaining portion shall be based upon
245 factors identified in district-determined, state-approved
246 evaluation system plans. Student achievement measures for
247 courses associated with statewide assessments may be used in
248 addition to other measurements of student learning most
249 appropriate to the subject taught and the specific duties of the
250 individual classroom teacher. At least two data sources must be
251 used to determine student performance for evaluation purposes
252 only if a statewide growth formula has not been approved for
253 that assessment or, for courses associated with school district
254 assessments, if achievement is demonstrated to be a more
255 appropriate measure of teacher performance.
256 (3) For purposes of the performance salary schedule in s.
257 1012.22, the student assessment data in the performance
258 evaluation must be from statewide assessments or district
259 determined assessments as required in s. 1008.22(6) in the
260 subject areas taught.
261 Section 3. Paragraph (a) of subsection (4) of section
262 1004.04, Florida Statutes, is amended to read:
263 1004.04 Public accountability and state approval for
264 teacher preparation programs.—
265 (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
266 teacher preparation program shall be based upon evidence that
267 the program continues to implement the requirements for initial
268 approval and upon significant, objective, and quantifiable
269 measures of the program and the performance of the program
271 (a) The criteria for continued approval must include each
272 of the following:
273 1. Documentation from the program that each program
274 candidate met the admission requirements provided in subsection
276 2. Documentation from the program that the program and each
277 program completer have met the requirements provided in
278 subsection (2).
279 3. Evidence of performance in each of the following areas:
280 a. Placement rate of program completers into instructional
281 positions in Florida public schools and private schools, if
283 b. Rate of retention for employed program completers in
284 instructional positions in Florida public schools.
285 c. Performance of students in prekindergarten through grade
286 12 who are assigned to in-field program completers on statewide
287 assessments using the results of the student learning growth
288 methodology formula adopted under s. 1012.34.
289 d. Performance of students in prekindergarten through grade
290 12 who are assigned to in-field program completers aggregated by
291 student subgroup, as defined in the federal Elementary and
292 Secondary Education Act (ESEA), 20 U.S.C. s.
293 6311(b)(2)(C)(v)(II), as a measure of how well the program
294 prepares teachers to work with a diverse population of students
295 in a variety of settings in Florida public schools.
296 e. Results of program completers’ annual evaluations in
297 accordance with the timeline as set forth in s. 1012.34.
298 f. Production of program completers in statewide critical
299 teacher shortage areas as identified in s. 1012.07.
300 Section 4. Paragraph (b) of subsection (4) of section
301 1004.85, Florida Statutes, is amended to read:
302 1004.85 Postsecondary educator preparation institutes.—
303 (4) Continued approval of each program approved pursuant to
304 this section shall be determined by the Commissioner of
305 Education based upon a periodic review of the following areas:
306 (b) Evidence of performance in each of the following areas:
307 1. Placement rate of program completers into instructional
308 positions in Florida public schools and private schools, if
310 2. Rate of retention for employed program completers in
311 instructional positions in Florida public schools.
312 3. Performance of students in prekindergarten through grade
313 12 who are assigned to in-field program completers on statewide
314 assessments using the results of the student learning growth
315 methodology formula adopted under s. 1012.34.
316 4. Performance of students in prekindergarten through grade
317 12 who are assigned to in-field program completers aggregated by
318 student subgroups, as defined in the federal Elementary and
319 Secondary Education Act (ESEA), 20 U.S.C. s.
320 6311(b)(2)(C)(v)(II), as a measure of how well the program
321 prepares teachers to work with a diverse population of students
322 in a variety of settings in Florida public schools.
323 5. Results of program completers’ annual evaluations in
324 accordance with the timeline as set forth in s. 1012.34.
325 6. Production of program completers in statewide critical
326 teacher shortage areas as identified in s. 1012.07.
327 Section 5. Paragraph (c) of subsection (1) of section
328 1012.22, Florida Statutes, is amended to read:
329 1012.22 Public school personnel; powers and duties of the
330 district school board.—The district school board shall:
331 (1) Designate positions to be filled, prescribe
332 qualifications for those positions, and provide for the
333 appointment, compensation, promotion, suspension, and dismissal
334 of employees as follows, subject to the requirements of this
336 (c) Compensation and salary schedules.—
337 1. Definitions.—As used in this paragraph:
338 a. “Adjustment” means an addition to the base salary
339 schedule that is not a bonus and becomes part of the employee’s
340 permanent base salary and shall be considered compensation under
341 s. 121.021(22).
342 b. “Grandfathered salary schedule” means the salary
343 schedule or schedules adopted by a district school board before
344 July 1, 2014, pursuant to subparagraph 4.
345 c. “Instructional personnel” means instructional personnel
346 as defined in s. 1012.01(2)(a)-(d), excluding substitute
348 d. “Performance salary schedule” means the salary schedule
349 or schedules adopted by a district school board pursuant to
350 subparagraph 5.
351 e. “Salary schedule” means the schedule or schedules used
352 to provide the base salary for district school board personnel.
353 f. “School administrator” means a school administrator as
354 defined in s. 1012.01(3)(c).
355 g. “Supplement” means an annual addition to the base salary
356 for the term of the negotiated supplement as long as the
357 employee continues his or her employment for the purpose of the
358 supplement. A supplement does not become part of the employee’s
359 continuing base salary but shall be considered compensation
360 under s. 121.021(22).
361 2. Cost-of-living adjustment.—A district school board may
362 provide a cost-of-living salary adjustment if the adjustment:
363 a. Does not discriminate among comparable classes of
364 employees based upon the salary schedule under which they are
366 b. Does not exceed 50 percent of the annual adjustment
367 provided to instructional personnel rated as effective.
368 3. Advanced degrees.—A district school board may not use
369 advanced degrees in setting a salary schedule for instructional
370 personnel or school administrators hired on or after July 1,
371 2011, unless the advanced degree is held in the individual’s
372 area of certification and is only a salary supplement.
373 4. Grandfathered salary schedule.—
374 a. The district school board shall adopt a salary schedule
375 or salary schedules to be used as the basis for paying all
376 school employees hired before July 1, 2014. Instructional
377 personnel on annual contract as of July 1, 2014, shall be placed
378 on the performance salary schedule adopted under subparagraph 5.
379 Instructional personnel on continuing contract or professional
380 service contract may opt into the performance salary schedule if
381 the employee relinquishes such contract and agrees to be
382 employed on an annual contract under s. 1012.335. Such an
383 employee shall be placed on the performance salary schedule and
384 may not return to continuing contract or professional service
385 contract status. Any employee who opts into the performance
386 salary schedule may not return to the grandfathered salary
388 b. In determining the grandfathered salary schedule for
389 instructional personnel, a district school board must base a
390 portion of each employee’s compensation upon performance
391 demonstrated under s. 1012.34 and shall provide differentiated
392 pay for both instructional personnel and school administrators
393 based upon district-determined factors, including, but not
394 limited to, additional responsibilities, school demographics,
395 critical shortage areas, and level of job performance
397 5. Performance salary schedule.—By July 1, 2014, the
398 district school board shall adopt a performance salary schedule
399 that provides annual salary adjustments for instructional
400 personnel and school administrators based upon performance
401 determined under s. 1012.34. Employees hired on or after July 1,
402 2014, or employees who choose to move from the grandfathered
403 salary schedule to the performance salary schedule shall be
404 compensated pursuant to the performance salary schedule once
405 they have received the appropriate performance evaluation for
406 this purpose. However, a classroom teacher whose performance
407 evaluation utilizes student learning growth measures established
408 under s. 1012.34(7)(b) s. 1012.34(7)(e) shall remain under the
409 grandfathered salary schedule until his or her teaching
410 assignment changes to a subject for which there is an assessment
411 or the school district establishes equally appropriate measures
412 of student learning growth as defined under s. 1012.34 and rules
413 of the State Board of Education.
414 a. Base salary.—The base salary shall be established as
416 (I) The base salary for instructional personnel or school
417 administrators who opt into the performance salary schedule
418 shall be the salary paid in the prior year, including
419 adjustments only.
420 (II) Beginning July 1, 2014, instructional personnel or
421 school administrators new to the district, returning to the
422 district after a break in service without an authorized leave of
423 absence, or appointed for the first time to a position in the
424 district in the capacity of instructional personnel or school
425 administrator shall be placed on the performance salary
427 b. Salary adjustments.—Salary adjustments for highly
428 effective or effective performance shall be established as
430 (I) The annual salary adjustment under the performance
431 salary schedule for an employee rated as highly effective must
432 be greater than the highest annual salary adjustment available
433 to an employee of the same classification through any other
434 salary schedule adopted by the district.
435 (II) The annual salary adjustment under the performance
436 salary schedule for an employee rated as effective must be equal
437 to at least 50 percent and no more than 75 percent of the annual
438 adjustment provided for a highly effective employee of the same
440 (III) The performance salary schedule shall not provide an
441 annual salary adjustment for an employee who receives a rating
442 other than highly effective or effective for the year.
443 c. Salary supplements.—In addition to the salary
444 adjustments, each district school board shall provide for salary
445 supplements for activities that must include, but are not
446 limited to:
447 (I) Assignment to a Title I eligible school.
448 (II) Assignment to a school that earned a grade of “F” or
449 three consecutive grades of “D” pursuant to s. 1008.34 such that
450 the supplement remains in force for at least 1 year following
451 improved performance in that school.
452 (III) Certification and teaching in critical teacher
453 shortage areas. Statewide critical teacher shortage areas shall
454 be identified by the State Board of Education under s. 1012.07.
455 However, the district school board may identify other areas of
456 critical shortage within the school district for purposes of
457 this sub-sub-subparagraph and may remove areas identified by the
458 state board which do not apply within the school district.
459 (IV) Assignment of additional academic responsibilities.
461 If budget constraints in any given year limit a district school
462 board’s ability to fully fund all adopted salary schedules, the
463 performance salary schedule shall not be reduced on the basis of
464 total cost or the value of individual awards in a manner that is
465 proportionally greater than reductions to any other salary
466 schedules adopted by the district.
467 Section 6. Paragraph (b) of subsection (2) of section
468 1012.341, Florida Statutes, is amended to read:
469 1012.341 Exemption from performance evaluation system and
470 compensation and salary schedule requirements.—
471 (2) By October 1, 2014, and by October 1 annually
472 thereafter, the superintendent of Hillsborough County School
473 District shall attest, in writing, to the Commissioner of
474 Education that:
475 (b) The instructional personnel and school administrator
476 evaluation systems adopt the Commissioner of Education’s student
477 learning growth methodology formula for statewide assessments as
478 provided under s. 1012.34(7).
480 This section is repealed August 1, 2017, unless reviewed and
481 reenacted by the Legislature.
482 Section 7. Paragraph (c) of subsection (8) of section
483 1012.56, Florida Statutes, is amended to read:
484 1012.56 Educator certification requirements.—
485 (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
486 COMPETENCY PROGRAM.—
487 (c) The Commissioner of Education shall determine the
488 continued approval of programs implemented under paragraph (a)
489 based upon the department’s periodic review of the following:
490 1. Evidence that the requirements in paragraph (a) are
491 consistently met; and
492 2. Evidence of performance in each of the following areas:
493 a. Rate of retention for employed program completers in
494 instructional positions in Florida public schools.
495 b. Performance of students in prekindergarten through grade
496 12 who are assigned to in-field program completers on statewide
497 assessments using the results of the student learning growth
498 methodology formula adopted under s. 1012.34.
499 c. Performance of students in prekindergarten through grade
500 12 who are assigned to in-field program completers aggregated by
501 student subgroups, as defined in the federal Elementary and
502 Secondary Education Act (ESEA), 20 U.S.C. s.
503 6311(b)(2)(C)(v)(II), as a measure of how well the program
504 prepares teachers to work with a variety of students in Florida
505 public schools.
506 d. Results of program completers’ annual evaluations in
507 accordance with the timeline as set forth in s. 1012.34.
508 e. Production of program completers in statewide critical
509 teacher shortage areas as defined in s. 1012.07.
510 Section 8. This act shall take effect July 1, 2015.