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