Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 434
Ì251804ÇÎ251804
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
11/18/2015 .
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The Committee on Education Pre-K - 12 (Bullard) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1011.6202, Florida Statutes, is created
6 to read:
7 1011.6202 Principal or Teacher Autonomy Pilot Program
8 Initiative.—The Principal or Teacher Autonomy Pilot Program
9 Initiative is created within the Department of Education. The
10 purpose of the pilot program is to provide the highly effective
11 principal or teacher of a participating school with increased
12 autonomy and authority to operate his or her school in a way
13 that produces significant improvements in student achievement
14 and school management while complying with constitutional
15 requirements. The State Board of Education may, upon approval of
16 a principal or teacher autonomy proposal, enter into a
17 performance contract with up to three district school boards for
18 participation in the pilot program.
19 (1) PARTICIPATING SCHOOL DISTRICTS.—A Florida school
20 district may submit to the state board for approval either a
21 principal or teacher autonomy proposal that exchanges statutory
22 and rule exemptions for an agreement to meet performance goals
23 established in the proposal. If approved by the state board, the
24 school district shall be eligible to participate in the chosen
25 pilot program for 3 years. At the end of the 3 years, the
26 performance of all participating schools in the school district
27 shall be evaluated.
28 (2) PRINCIPAL OR TEACHER AUTONOMY PROPOSAL.—
29 (a) To participate in the pilot program, a school district
30 must:
31 1. Identify three middle or high schools that received at
32 least two school grades of “D” or “F” pursuant to s. 1008.34
33 during the previous 3 school years.
34 2. If a principal autonomy proposal is chosen, identify
35 three principals who have earned a highly effective rating on
36 the prior year’s performance evaluation pursuant to s. 1012.34,
37 each of whom shall be assigned to a different participating
38 school in the program.
39 3. If a teacher autonomy proposal is chosen, identify three
40 teachers who have earned a highly effective performance
41 evaluation rating for at least 4 consecutive years pursuant to
42 s. 1012.34.
43 4. Describe the current financial and administrative
44 management of each participating school; identify the areas in
45 which each school principal will have increased fiscal and
46 administrative autonomy, including the authority and
47 responsibilities provided in s. 1012.28(8); and identify the
48 areas in which each participating school will continue to follow
49 district school board fiscal and administrative policies.
50 5. Explain the methods used to identify the educational
51 strengths and needs of the participating school’s students and
52 identify how student achievement can be improved.
53 6. Establish performance goals for student achievement, as
54 defined in s. 1008.34(1), and explain how the increased autonomy
55 of principals or teachers will help participating schools
56 improve student achievement and school management.
57 7. Provide each participating school’s mission and a
58 description of its student population.
59 (b) The state board shall establish criteria, which must
60 include the criteria listed in paragraph (a), for the approval
61 of a principal or teacher autonomy proposal.
62 (c) A school district must submit its principal or teacher
63 autonomy proposal to the state board for approval by December 1
64 in order to begin participation in the subsequent school year.
65 By February 28 of the school year in which the proposal is
66 submitted, the state board shall notify the district school
67 board in writing whether the proposal is approved.
68 (3) EXEMPTION FROM LAWS.—
69 (a) With the exception of those laws listed in paragraph
70 (b), a participating school district is exempt from the
71 provisions of chapters 1000-1013 and rules of the state board
72 which implement those exempt provisions.
73 (b) A participating school district shall comply with the
74 provisions of chapters 1000-1013, and rules of the state board
75 which implement those provisions, pertaining to the following:
76 1. Those laws relating to the election and compensation of
77 district school board members, the election or appointment and
78 compensation of district school superintendents, public meetings
79 and public records requirements, financial disclosure, and
80 conflicts of interest.
81 2. Those laws relating to the student assessment program
82 and school grading system, including chapter 1008.
83 3. Those laws relating to the provision of services to
84 students with disabilities.
85 4. Those laws relating to civil rights, including s.
86 1000.05, relating to discrimination.
87 5. Those laws relating to student health, safety, and
88 welfare.
89 6. Section 1001.42(4)(f), relating to the uniform opening
90 date for public schools.
91 7. Section 1003.03, governing maximum class size, except
92 that the calculation for compliance pursuant to s. 1003.03 is
93 the average at the school level for a participating school.
94 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
95 compensation and salary schedules.
96 9. Section 1012.33(5), relating to workforce reductions for
97 annual contracts for instructional personnel. This subparagraph
98 does not apply to at-will employees.
99 10. Section 1012.335, relating to annual contracts for
100 instructional personnel hired on or after July 1, 2011. This
101 subparagraph does not apply to at-will employees.
102 11. Section 1012.34, relating to personnel evaluation
103 procedures and criteria.
104 12. Those laws pertaining to educational facilities,
105 including chapter 1013, except that s. 1013.20, relating to
106 covered walkways for relocatables, and s. 1013.21, relating to
107 the use of relocatable facilities exceeding 20 years of age, are
108 eligible for exemption.
109 13. Those laws pertaining to participating school
110 districts, including this section and ss. 1011.69(2) and
111 1012.28(8).
112 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
113 district shall require that the principal or selected teacher of
114 each participating school, a three-member leadership team from
115 each participating school, and district personnel working with
116 each participating school complete the University of Virginia
117 School Turnaround Program. The required personnel must enroll in
118 the University of Virginia School Turnaround Program upon
119 acceptance into the pilot program. Each participating school
120 district shall receive $100,000 from the department for
121 participation in the University of Virginia School Turnaround
122 Program.
123 (5) TERM OF PARTICIPATION.—The state board shall authorize
124 a school district to participate in the pilot program for a
125 period of 3 years commencing with approval of the principal or
126 teacher autonomy proposal. Authorization to participate in the
127 pilot program may be renewed upon action of the state board. The
128 state board may revoke authorization to participate in the pilot
129 program if the school district fails to meet the requirements of
130 this section during the 3-year period.
131 (6) REPORTING.—Each participating school district shall
132 submit an annual report to the state board. The state board
133 shall annually report on the implementation of the Principal or
134 Teacher Autonomy Pilot Program Initiative. Upon completion of
135 the pilot program’s first 3-year term, the Commissioner of
136 Education shall submit to the President of the Senate and the
137 Speaker of the House of Representatives by December 1 a full
138 evaluation of the effectiveness of the pilot program.
139 (7) FUNDING.—The Legislature shall provide an appropriation
140 to the department for the costs of the pilot program, including
141 administrative costs and enrollment costs for the University of
142 Virginia School Turnaround Program, and an additional
143 scholarship of $10,000 to each participating principal or
144 teacher to be used at his or her school.
145 (8) RULEMAKING.—The State Board of Education shall adopt
146 rules to administer this section.
147 Section 2. Subsection (2) of section 1011.69, Florida
148 Statutes, is amended to read:
149 1011.69 Equity in School-Level Funding Act.—
150 (2) Beginning in the 2003-2004 fiscal year, district school
151 boards shall allocate to schools within the district an average
152 of 90 percent of the funds generated by all schools and
153 guarantee that each school receives at least 80 percent, except
154 that schools participating in the Principal or Teacher Autonomy
155 Pilot Program Initiative under s. 1011.6202 are guaranteed to
156 receive at least 90 percent, of the funds generated by that
157 school based upon the Florida Education Finance Program as
158 provided in s. 1011.62 and the General Appropriations Act,
159 including gross state and local funds, discretionary lottery
160 funds, and funds from the school district’s current operating
161 discretionary millage levy. Total funding for each school shall
162 be recalculated during the year to reflect the revised
163 calculations under the Florida Education Finance Program by the
164 state and the actual weighted full-time equivalent students
165 reported by the school during the full-time equivalent student
166 survey periods designated by the Commissioner of Education. If
167 the district school board is providing programs or services to
168 students funded by federal funds, any eligible students enrolled
169 in the schools in the district shall be provided federal funds.
170 Section 3. Subsection (8) is added to section 1012.28,
171 Florida Statutes, to read:
172 1012.28 Public school personnel; duties of school
173 principals.—
174 (8) The principal of a school participating in the
175 Principal or Teacher Autonomy Pilot Program Initiative under s.
176 1011.6202, or the principal in consultation with the selected
177 teacher if a teacher autonomy proposal is chosen, has the
178 following additional authority and responsibilities:
179 (a) In addition to the authority provided in subsection
180 (6), the authority to select qualified instructional personnel
181 for placement or to refuse to accept the placement or transfer
182 of instructional personnel by the district school
183 superintendent. Placement of instructional personnel at a
184 participating school in a participating school district does not
185 affect the employee’s status as a school district employee.
186 (b) The authority to deploy financial resources to school
187 programs at the principal’s discretion to help improve student
188 achievement, as defined in s. 1008.34(1), and meet performance
189 goals identified in the principal or teacher autonomy proposal
190 submitted pursuant to s. 1011.6202.
191 (c) The authority to annually provide to the district
192 school superintendent and the district school board a budget for
193 the operation of the participating school that identifies how
194 funds provided pursuant to s. 1011.69(2) are allocated. The
195 school district shall include the budget in the annual report
196 provided to the State Board of Education pursuant to s.
197 1011.6202(6).
198 Section 4. This act shall take effect July 1, 2016.
199
200 ================= T I T L E A M E N D M E N T ================
201 And the title is amended as follows:
202 Delete everything before the enacting clause
203 and insert:
204 A bill to be entitled
205 An act relating to the Principal or Teacher Autonomy
206 Pilot Program Initiative; creating s. 1011.6202, F.S.;
207 creating the Principal or Teacher Autonomy Pilot
208 Program Initiative; providing a procedure for a school
209 district to participate in the pilot program;
210 providing requirements for participating school
211 districts and schools; exempting participating schools
212 from certain laws and rules; requiring principals or
213 specified teachers of participating schools and
214 specified personnel to participate in the University
215 of Virginia School Turnaround Program; providing for
216 the term of participation in the pilot program;
217 providing for renewal or revocation of authorization
218 to participate in the pilot program; providing for
219 funding, reporting, and rulemaking; amending s.
220 1011.69, F.S.; requiring participating district school
221 boards to allocate a specified percentage of certain
222 funds to participating schools; amending s. 1012.28,
223 F.S.; providing additional authority and
224 responsibilities of the principal, or the principal in
225 consultation with the selected teacher under certain
226 circumstances, of a participating school; providing an
227 effective date.