Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 434
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/15/2016           .                                

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