Florida Senate - 2015                                     SB 952
       By Senator Garcia
       38-00857-15                                            2015952__
    1                        A bill to be entitled                      
    2         An act relating to the Charter School District Pilot
    3         Program; creating s. 1011.6202, F.S.; creating the
    4         Charter School District Pilot Program; providing a
    5         procedure for a school district to participate in the
    6         pilot program; providing requirements for
    7         participating school districts and schools; exempting
    8         participating schools from certain laws and rules;
    9         requiring principals of participating schools to
   10         complete a specific professional development program;
   11         providing the authorization period of a charter;
   12         providing for renewal and revocation of a charter;
   13         providing for reporting and rulemaking; amending s.
   14         1011.69, F.S.; requiring district school boards
   15         participating in the pilot program to allocate a
   16         specified percentage of certain funds to participating
   17         schools; amending s. 1012.28, F.S.; providing
   18         additional authority and responsibilities of the
   19         principal of a participating school in a charter
   20         school district; amending s. 1012.986, F.S.;
   21         specifying the contents of a specific professional
   22         development program for certain school principals;
   23         providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 1011.6202, Florida Statutes, is created
   28  to read:
   29         1011.6202 Charter school district pilot program.—The
   30  Charter School District Pilot Program is created within the
   31  Department of Education. The purpose of the pilot program is to
   32  provide the principal of a participating school with increased
   33  autonomy and authority to operate his or her school in a way
   34  that produces significant improvements in student achievement
   35  and school management while complying with constitutional
   36  requirements. The State Board of Education may, upon approval of
   37  a charter proposal, enter into a performance contract with up to
   38  six district school boards to establish such districts as
   39  charter school districts.
   40         (1) CHARTER SCHOOL DISTRICT.—A charter school district is a
   41  school district in the state that has submitted, and the state
   42  board has approved, a charter proposal that exchanges statutory
   43  and rule exemption for an agreement to meet performance goals
   44  established in the charter proposal. A charter school district
   45  shall be chartered for 3 years. At the end of the 3 years, the
   46  performance of all participating schools in the charter school
   47  district shall be evaluated.
   48         (2) CHARTER PROPOSAL.—
   49         (a) The proposal to become a charter school district must:
   50         1. Identify three middle or high schools whose principals
   51  will have fiscal and administrative autonomy.
   52         2. Describe the current financial and administrative
   53  management of each participating school; identify the areas in
   54  which each school principal will have increased fiscal and
   55  administrative autonomy, including the authority and
   56  responsibilities provided in s. 1012.28(8); and identify the
   57  areas in which each participating school will continue to follow
   58  district school board fiscal and administrative policies.
   59         3. Explain the methods used to identify the educational
   60  strengths and needs of the participating school’s students and
   61  identify how student achievement can be improved.
   62         4. Establish performance goals for student achievement, as
   63  defined in s. 1008.34(1), and explain how increased principal
   64  autonomy will help participating schools improve student
   65  achievement and school management.
   66         5. Provide each participating school’s mission and a
   67  description of its student population.
   68         (b) The state board shall establish criteria, which must
   69  include the criteria listed in paragraph (a), for the approval
   70  of a school district charter proposal.
   71         (c) A school district must submit the charter proposal to
   72  the state board for approval by December 1 in order to begin
   73  participation in the subsequent school year. By February 28 of
   74  the school year in which the proposal is submitted, the state
   75  board shall notify the district school board in writing whether
   76  the charter proposal has been approved.
   77         (3) EXEMPTION FROM LAWS.—
   78         (a) With the exception of those laws listed in paragraph
   79  (b), a charter school district is exempt from the provisions in
   80  chapters 1000-1013, including s. 1001.42(4)(f), relating to the
   81  opening date for schools, and rules of the state board that
   82  implement these exempt provisions.
   83         (b) A charter school district shall comply with the
   84  provisions in chapters 1000-1013, and rules of the state board
   85  that implement these provisions, pertaining to the following:
   86         1. Those laws relating to the election of district school
   87  board members, public meetings and public records requirements,
   88  financial disclosure, and conflicts of interest.
   89         2. Those laws relating to the student assessment program
   90  and school grading system, including chapter 1008.
   91         3. Those laws relating to the provision of services to
   92  students with disabilities.
   93         4. Those laws relating to civil rights, including s.
   94  1000.05, relating to discrimination.
   95         5. Those laws relating to student health, safety, and
   96  welfare.
   97         6. Those laws relating to the election and compensation of
   98  district school board members and the election or appointment
   99  and compensation of district school superintendents.
  100         7. Section 1003.03, governing maximum class size, except
  101  that the calculation for compliance pursuant to s. 1003.03 is
  102  the average at the school level.
  103         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
  104  compensation and salary schedules.
  105         9. Section 1012.33(5), relating to workforce reductions for
  106  annual contracts for instructional personnel. This subparagraph
  107  does not apply to at-will employees.
  108         10. Section 1012.335, relating to annual contracts for
  109  instructional personnel hired on or after July 1, 2011. This
  110  subparagraph does not apply to at-will employees.
  111         11. Section 1012.34, relating to personnel evaluation
  112  procedures and criteria.
  113         12. Those laws pertaining to educational facilities,
  114  including chapter 1013, except that s. 1013.20, relating to
  115  covered walkways for relocatables, and s. 1013.21, relating to
  116  the use of relocatable facilities exceeding 20 years of age, are
  117  eligible for exemption.
  118         13. Those laws pertaining to charter school districts,
  119  including this section.
  120         (4) PROFESSIONAL DEVELOPMENT.—Each charter school district
  121  shall require the principal of each participating school to
  122  complete the professional development provided through the
  123  William Cecil Golden Professional Development Program for School
  124  Leaders under s. 1012.986. The professional development must be
  125  completed before a school may participate in the Charter School
  126  District Pilot Program.
  127         (5) TERM OF CHARTER.—The state board shall authorize a
  128  charter school district’s charter for a period of 3 years
  129  commencing with award of the charter. The charter may be renewed
  130  upon action of the state board. The state board may revoke a
  131  charter if the charter school district fails to meet the
  132  requirements of this section during the 3-year period.
  133         (6) REPORTING.—Each charter school district shall submit an
  134  annual report to the state board. The state board shall annually
  135  report on the implementation of the Charter School District
  136  Pilot Program. Upon completion of the program’s first 3-year
  137  term, the Commissioner of Education shall submit to the
  138  President of the Senate and the Speaker of the House of
  139  Representatives by December 1 a full evaluation of the
  140  effectiveness of the program.
  141         (7) RULEMAKING.—The State Board of Education shall adopt
  142  rules to administer this section.
  143         Section 2. Subsection (2) of section 1011.69, Florida
  144  Statutes, is amended to read:
  145         1011.69 Equity in School-Level Funding Act.—
  146         (2) Beginning in the 2003-2004 fiscal year, district school
  147  boards shall allocate to schools within the district an average
  148  of 90 percent of the funds generated by all schools and
  149  guarantee that each school receives at least 80 percent, except
  150  schools participating in the Charter School District Pilot
  151  Program under s. 1011.6202 are guaranteed to receive at least 90
  152  percent, of the funds generated by that school based upon the
  153  Florida Education Finance Program as provided in s. 1011.62 and
  154  the General Appropriations Act, including gross state and local
  155  funds, discretionary lottery funds, and funds from the school
  156  district’s current operating discretionary millage levy. Total
  157  funding for each school shall be recalculated during the year to
  158  reflect the revised calculations under the Florida Education
  159  Finance Program by the state and the actual weighted full-time
  160  equivalent students reported by the school during the full-time
  161  equivalent student survey periods designated by the Commissioner
  162  of Education. If the district school board is providing programs
  163  or services to students funded by federal funds, any eligible
  164  students enrolled in the schools in the district shall be
  165  provided federal funds.
  166         Section 3. Subsection (8) is added to section 1012.28,
  167  Florida Statutes, to read:
  168         1012.28 Public school personnel; duties of school
  169  principals.—
  170         (8) The principal of a participating school in a charter
  171  school district approved under s. 1011.6202 has the following
  172  additional authority and responsibilities:
  173         (a) In addition to the authority provided in subsection
  174  (6), the authority to select qualified instructional personnel
  175  for placement or to refuse to accept the placement or transfer
  176  of instructional personnel by the district school
  177  superintendent. Placement of instructional personnel at a
  178  participating school in a charter school district does not
  179  affect the employee’s status as a school district employee.
  180         (b) The authority to deploy financial resources to school
  181  programs at the principal’s discretion to help improve student
  182  achievement, as defined in s. 1008.34(1), and meet performance
  183  goals identified in the charter proposal submitted pursuant to
  184  s. 1011.6202.
  185         (c) To annually provide to the district school
  186  superintendent and the district school board a budget for the
  187  operation of the participating school that identifies how funds
  188  provided pursuant to s. 1011.69(2) are allocated. The school
  189  district shall include the budget in the annual report provided
  190  to the State Board of Education pursuant to s. 1011.6202(6).
  191         Section 4. Paragraph (e) is added to subsection (1) of
  192  section 1012.986, Florida Statutes, to read:
  193         1012.986 William Cecil Golden Professional Development
  194  Program for School Leaders.—
  195         (1) There is established the William Cecil Golden
  196  Professional Development Program for School Leaders to provide
  197  high standards and sustained support for principals as
  198  instructional leaders. The program shall consist of a
  199  collaborative network of state and national professional
  200  leadership organizations to respond to instructional leadership
  201  needs throughout the state. The network shall support the human
  202  resource development needs of principals, principal leadership
  203  teams, and candidates for principal leadership positions using
  204  the framework of leadership standards adopted by the State Board
  205  of Education, the Southern Regional Education Board, and the
  206  National Staff Development Council. The goal of the network
  207  leadership program is to:
  208         (e) For principals of schools participating in the Charter
  209  School District Pilot Program under s. 1011.6202, provide
  210  training on the following:
  211         1. Managing instructional personnel, including developing a
  212  high-performing instructional leadership team.
  213         2. Public school budgeting, financial management, and human
  214  resources policies and procedures.
  215         3. Best practices for the effective exercise of increased
  216  budgetary and staffing flexibility to improve student
  217  achievement and operational efficiency.
  218         Section 5. This act shall take effect July 1, 2015.