Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 434
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  11/18/2015           .                                

       The Committee on Education Pre-K - 12 (Bullard) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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.
  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.