Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS/CS/HB 1365, 1st Eng. Ì4106843Î410684 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2016 04:57 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.