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

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 81 and 82
    4  insert:
    5         Section 2. Section 1011.6202, Florida Statutes, is created
    6  to read:
    7         1011.6202Principal 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.
   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.
  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.