Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS/CS/HB 1365, 1st Eng.
Ì4106843Î410684
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/09/2016 04:57 PM .
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Senator Garcia moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 81 and 82
4 insert:
5 Section 2. Section 1011.6202, Florida Statutes, is created
6 to read:
7 1011.6202 Principal Autonomy Pilot Program Initiative.—The
8 Principal Autonomy Pilot Program Initiative is created within
9 the Department of Education. The purpose of the pilot program is
10 to provide the highly effective principal of a participating
11 school with increased autonomy and authority to operate his or
12 her school in a way that produces significant improvements in
13 student achievement and school management while complying with
14 constitutional requirements. The State Board of Education may,
15 upon approval of a principal autonomy proposal, enter into a
16 performance contract with up to seven district school boards for
17 participation in the pilot program.
18 (1) PARTICIPATING SCHOOL DISTRICTS.—The district school
19 boards in Broward, Duval, Jefferson, Madison, Palm Beach,
20 Pinellas, and Escambia Counties may submit to the state board
21 for approval a principal autonomy proposal that exchanges
22 statutory and rule exemptions for an agreement to meet
23 performance goals established in the proposal. If approved by
24 the state board, each of these school districts shall be
25 eligible to participate in the pilot program for 3 years. At the
26 end of the 3 years, the performance of all participating schools
27 in the school district shall be evaluated.
28 (2) PRINCIPAL AUTONOMY PROPOSAL.—
29 (a) To participate in the pilot program, a school district
30 must:
31 1. Identify three schools that received at least two school
32 grades of “D” or “F” pursuant to s. 1008.34 during the previous
33 3 school years.
34 2. Identify three principals who have earned a highly
35 effective rating on the prior year’s performance evaluation
36 pursuant to s. 1012.34, one of whom shall be assigned to each of
37 the participating schools.
38 3. Describe the current financial and administrative
39 management of each participating school; identify the areas in
40 which each school principal will have increased fiscal and
41 administrative autonomy, including the authority and
42 responsibilities provided in s. 1012.28(8); and identify the
43 areas in which each participating school will continue to follow
44 district school board fiscal and administrative policies.
45 4. Explain the methods used to identify the educational
46 strengths and needs of the participating school’s students and
47 identify how student achievement can be improved.
48 5. Establish performance goals for student achievement, as
49 defined in s. 1008.34(1), and explain how the increased autonomy
50 of principals will help participating schools improve student
51 achievement and school management.
52 6. Provide each participating school’s mission and a
53 description of its student population.
54 (b) The state board shall establish criteria, which must
55 include the criteria listed in paragraph (a), for the approval
56 of a principal autonomy proposal.
57 (c) A district school board must submit its principal
58 autonomy proposal to the state board for approval by December 1
59 in order to begin participation in the subsequent school year.
60 By February 28 of the school year in which the proposal is
61 submitted, the state board shall notify the district school
62 board in writing whether the proposal is approved.
63 (3) EXEMPTION FROM LAWS.—
64 (a) With the exception of those laws listed in paragraph
65 (b), a participating school is exempt from the provisions of
66 chapters 1000-1013 and rules of the state board that implement
67 those exempt provisions.
68 (b) A participating school shall comply with the provisions
69 of chapters 1000-1013, and rules of the state board that
70 implement those provisions, pertaining to the following:
71 1. Those laws relating to the election and compensation of
72 district school board members, the election or appointment and
73 compensation of district school superintendents, public meetings
74 and public records requirements, financial disclosure, and
75 conflicts of interest.
76 2. Those laws relating to the student assessment program
77 and school grading system, including chapter 1008.
78 3. Those laws relating to the provision of services to
79 students with disabilities.
80 4. Those laws relating to civil rights, including s.
81 1000.05, relating to discrimination.
82 5. Those laws relating to student health, safety, and
83 welfare.
84 6. Section 1001.42(4)(f), relating to the uniform opening
85 date for public schools.
86 7. Section 1003.03, governing maximum class size, except
87 that the calculation for compliance pursuant to s. 1003.03 is
88 the average at the school level for a participating school.
89 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
90 compensation and salary schedules.
91 9. Section 1012.33(5), relating to workforce reductions for
92 annual contracts for instructional personnel. This subparagraph
93 does not apply to at-will employees.
94 10. Section 1012.335, relating to annual contracts for
95 instructional personnel hired on or after July 1, 2011. This
96 subparagraph does not apply to at-will employees.
97 11. Section 1012.34, relating to personnel evaluation
98 procedures and criteria.
99 12. Those laws pertaining to educational facilities,
100 including chapter 1013, except that s. 1013.20, relating to
101 covered walkways for relocatables, and s. 1013.21, relating to
102 the use of relocatable facilities exceeding 20 years of age, are
103 eligible for exemption.
104 13. Those laws pertaining to participating school
105 districts, including this section and ss. 1011.69(2) and
106 1012.28(8).
107 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
108 district shall require that the principal of each participating
109 school, a three-member leadership team from each participating
110 school, and district personnel working with each participating
111 school complete a nationally recognized school turnaround
112 program which focuses on improving leadership, instructional
113 infrastructure, talent management, and differentiated support
114 and accountability. The required personnel must enroll in the
115 nationally recognized school turnaround program upon acceptance
116 into the pilot program. Each participating school district shall
117 receive $100,000 from the department for participation in the
118 nationally recognized school turnaround program.
119 (5) TERM OF PARTICIPATION.—The state board shall authorize
120 a school district to participate in the pilot program for a
121 period of 3 years commencing with approval of the principal
122 autonomy proposal. Authorization to participate in the pilot
123 program may be renewed upon action of the state board. The state
124 board may revoke authorization to participate in the pilot
125 program if the school district fails to meet the requirements of
126 this section during the 3-year period.
127 (6) REPORTING.—Each participating school district shall
128 submit an annual report to the state board. The state board
129 shall annually report on the implementation of the Principal
130 Autonomy Pilot Program Initiative. Upon completion of the pilot
131 program’s first 3-year term, the Commissioner of Education shall
132 submit to the President of the Senate and the Speaker of the
133 House of Representatives by December 1 a full evaluation of the
134 effectiveness of the pilot program.
135 (7) FUNDING.—The Legislature shall provide an appropriation
136 to the department for the costs of the pilot program, including
137 administrative costs and enrollment costs for the nationally
138 recognized school turnaround program, and an additional amount
139 of $10,000 for each participating principal in each
140 participating district as an annual salary supplement, a fund
141 for the principal’s school to be used at the principal’s
142 discretion, or both, as determined by the district. To be
143 eligible for a salary supplement under this subsection, a
144 participating principal must:
145 (a) Be rated “highly effective” as determined by the
146 principal’s performance evaluation under s. 1012.34;
147 (b) Be transferred to a school that earned a grade of “F”
148 or three consecutive grades of “D” pursuant to s. 1008.34 and
149 provided additional authority and responsibilities pursuant to
150 s. 1012.28(8); and
151 (c) Have implemented a turnaround option under s.
152 1008.33(4) at a school as the school’s principal. The turnaround
153 option must have resulted in the school improving by at least
154 one letter grade while he or she was serving as the school’s
155 principal.
156 (8) RULEMAKING.—The State Board of Education shall adopt
157 rules to administer this section.
158 Section 3. Subsection (2) of section 1011.69, Florida
159 Statutes, is amended to read:
160 1011.69 Equity in School-Level Funding Act.—
161 (2) Beginning in the 2003-2004 fiscal year, district school
162 boards shall allocate to schools within the district an average
163 of 90 percent of the funds generated by all schools and
164 guarantee that each school receives at least 80 percent, except
165 schools participating in the Principal Autonomy Pilot Program
166 Initiative under s. 1011.6202 are guaranteed to receive at least
167 90 percent, of the funds generated by that school based upon the
168 Florida Education Finance Program as provided in s. 1011.62 and
169 the General Appropriations Act, including gross state and local
170 funds, discretionary lottery funds, and funds from the school
171 district’s current operating discretionary millage levy. Total
172 funding for each school shall be recalculated during the year to
173 reflect the revised calculations under the Florida Education
174 Finance Program by the state and the actual weighted full-time
175 equivalent students reported by the school during the full-time
176 equivalent student survey periods designated by the Commissioner
177 of Education. If the district school board is providing programs
178 or services to students funded by federal funds, any eligible
179 students enrolled in the schools in the district shall be
180 provided federal funds.
181 Section 4. Subsection (8) is added to section 1012.28,
182 Florida Statutes, to read:
183 1012.28 Public school personnel; duties of school
184 principals.—
185 (8) The principal of a school participating in the
186 Principal Autonomy Pilot Program Initiative under s. 1011.6202
187 has the following additional authority and responsibilities:
188 (a) In addition to the authority provided in subsection
189 (6), the authority to select qualified instructional personnel
190 for placement or to refuse to accept the placement or transfer
191 of instructional personnel by the district school
192 superintendent. Placement of instructional personnel at a
193 participating school in a participating school district does not
194 affect the employee’s status as a school district employee.
195 (b) The authority to deploy financial resources to school
196 programs at the principal’s discretion to help improve student
197 achievement, as defined in s. 1008.34(1), and meet performance
198 goals identified in the principal autonomy proposal submitted
199 pursuant to s. 1011.6202.
200 (c) To annually provide to the district school
201 superintendent and the district school board a budget for the
202 operation of the participating school that identifies how funds
203 provided pursuant to s. 1011.69(2) are allocated. The school
204 district shall include the budget in the annual report provided
205 to the State Board of Education pursuant to s. 1011.6202(6).
206 Section 4. For the 2016-2017 fiscal year, the sums of
207 $700,000 in nonrecurring funds and $210,000 in recurring funds
208 are appropriated from the General Revenue Fund to the Department
209 of Education to implement the provisions of this act.
210
211 ================= T I T L E A M E N D M E N T ================
212 And the title is amended as follows:
213 Delete lines 2 - 10
214 and insert:
215 An act relating to education pilot programs; creating
216 s. 1003.4996, F.S.; creating the Competency-Based
217 Education Pilot Program; providing for participation
218 in the program and application requirements; exempting
219 participating school districts from specified rules;
220 providing for funding of students enrolled in
221 participating schools; providing duties of the
222 Department of Education; providing for rulemaking;
223 creating s. 1011.6202, F.S.; creating the Principal
224 Autonomy Pilot Program Initiative; providing a
225 procedure for certain district school boards to
226 participate in the pilot program; providing
227 requirements for participating school districts and
228 schools; exempting participating schools from certain
229 laws and rules; requiring principals of participating
230 schools and specified personnel to participate in a
231 nationally recognized school turnaround program;
232 providing for the term of participation in the pilot
233 program; providing for renewal or revocation of
234 authorization to participate in the pilot program;
235 providing for reporting, funding, eligibility
236 requirements for certain funding, and rulemaking;
237 amending s. 1011.69, F.S.; requiring participating
238 district school boards to allocate a specified
239 percentage of certain funds to participating schools;
240 amending s. 1012.28, F.S.; providing additional
241 authority and responsibilities of the principal of a
242 participating school; providing appropriations;
243 providing an effective date.