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.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
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.