Florida Senate - 2016 CS for SB 434 By the Committee on Education Pre-K - 12; and Senators Garcia and Gaetz 581-01399-16 2016434c1 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 participate in the University of Virginia School 12 Turnaround Program; providing for the term of 13 participation in the pilot program; providing for 14 renewal or revocation of authorization to participate 15 in the pilot program; providing for funding, 16 reporting, and rulemaking; amending s. 1011.69, F.S.; 17 requiring participating district school boards to 18 allocate a specified percentage of certain funds to 19 participating schools; amending s. 1012.28, F.S.; 20 providing additional authority and responsibilities of 21 the principal of a participating school; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 1011.6202, Florida Statutes, is created 27 to read: 28 1011.6202 Principal Autonomy Pilot Program Initiative.—The 29 Principal Autonomy Pilot Program Initiative is created within 30 the Department of Education. The purpose of the pilot program is 31 to provide the highly effective principal of a participating 32 school with increased autonomy and authority to operate his or 33 her school in a way that produces significant improvements in 34 student achievement and school management while complying with 35 constitutional requirements. The State Board of Education may, 36 upon approval of a principal autonomy proposal, enter into a 37 performance contract with up to three district school boards for 38 participation in the pilot program. 39 (1) PARTICIPATING SCHOOL DISTRICTS.—A Florida school 40 district may submit to the state board for approval a principal 41 autonomy proposal that exchanges statutory and rule exemptions 42 for an agreement to meet performance goals established in the 43 proposal. If approved by the state board, the school district 44 shall be eligible to participate in the pilot program for 3 45 years. At the end of the 3 years, the performance of all 46 participating schools in the school district shall be evaluated. 47 (2) PRINCIPAL AUTONOMY PROPOSAL.— 48 (a) To participate in the pilot program, a school district 49 must: 50 1. Identify three middle or high schools that received at 51 least two school grades of “D” or “F” pursuant to s. 1008.34 52 during the previous 3 school years. 53 2. Identify three principals who have earned a highly 54 effective rating on the prior year’s performance evaluation 55 pursuant to s. 1012.34, one of whom shall be assigned to each of 56 the participating schools. 57 3. Describe the current financial and administrative 58 management of each participating school; identify the areas in 59 which each school principal will have increased fiscal and 60 administrative autonomy, including the authority and 61 responsibilities provided in s. 1012.28(8); and identify the 62 areas in which each participating school will continue to follow 63 district school board fiscal and administrative policies. 64 4. Explain the methods used to identify the educational 65 strengths and needs of the participating school’s students and 66 identify how student achievement can be improved. 67 5. Establish performance goals for student achievement, as 68 defined in s. 1008.34(1), and explain how the increased autonomy 69 of principals will help participating schools improve student 70 achievement and school management. 71 6. Provide each participating school’s mission and a 72 description of its student population. 73 (b) The state board shall establish criteria, which must 74 include the criteria listed in paragraph (a), for the approval 75 of a principal autonomy proposal. 76 (c) A school district must submit its principal autonomy 77 proposal to the state board for approval by December 1 in order 78 to begin participation in the subsequent school year. By 79 February 28 of the school year in which the proposal is 80 submitted, the state board shall notify the district school 81 board in writing whether the proposal is approved. 82 (3) EXEMPTION FROM LAWS.— 83 (a) With the exception of those laws listed in paragraph 84 (b), a participating school is exempt from the provisions of 85 chapters 1000-1013 and rules of the state board that implement 86 those exempt provisions. 87 (b) A participating school shall comply with the provisions 88 of chapters 1000-1013, and rules of the state board that 89 implement those provisions, pertaining to the following: 90 1. Those laws relating to the election and compensation of 91 district school board members, the election or appointment and 92 compensation of district school superintendents, public meetings 93 and public records requirements, financial disclosure, and 94 conflicts of interest. 95 2. Those laws relating to the student assessment program 96 and school grading system, including chapter 1008. 97 3. Those laws relating to the provision of services to 98 students with disabilities. 99 4. Those laws relating to civil rights, including s. 100 1000.05, relating to discrimination. 101 5. Those laws relating to student health, safety, and 102 welfare. 103 6. Section 1001.42(4)(f), relating to the uniform opening 104 date for public schools. 105 7. Section 1003.03, governing maximum class size, except 106 that the calculation for compliance pursuant to s. 1003.03 is 107 the average at the school level for a participating school. 108 8. Sections 1012.22(1)(c) and 1012.27(2), relating to 109 compensation and salary schedules. 110 9. Section 1012.33(5), relating to workforce reductions for 111 annual contracts for instructional personnel. This subparagraph 112 does not apply to at-will employees. 113 10. Section 1012.335, relating to annual contracts for 114 instructional personnel hired on or after July 1, 2011. This 115 subparagraph does not apply to at-will employees. 116 11. Section 1012.34, relating to personnel evaluation 117 procedures and criteria. 118 12. Those laws pertaining to educational facilities, 119 including chapter 1013, except that s. 1013.20, relating to 120 covered walkways for relocatables, and s. 1013.21, relating to 121 the use of relocatable facilities exceeding 20 years of age, are 122 eligible for exemption. 123 13. Those laws pertaining to participating school 124 districts, including this section and ss. 1011.69(2) and 125 1012.28(8). 126 (4) PROFESSIONAL DEVELOPMENT.—Each participating school 127 district shall require that the principal of each participating 128 school, a three-member leadership team from each participating 129 school, and district personnel working with each participating 130 school complete the University of Virginia School Turnaround 131 Program. The required personnel must enroll in the University of 132 Virginia School Turnaround Program upon acceptance into the 133 pilot program. Each participating school district shall receive 134 $100,000 from the department for participation in the University 135 of Virginia School Turnaround Program. 136 (5) TERM OF PARTICIPATION.—The state board shall authorize 137 a school district to participate in the pilot program for a 138 period of 3 years commencing with approval of the principal 139 autonomy proposal. Authorization to participate in the pilot 140 program may be renewed upon action of the state board. The state 141 board may revoke authorization to participate in the pilot 142 program if the school district fails to meet the requirements of 143 this section during the 3-year period. 144 (6) REPORTING.—Each participating school district shall 145 submit an annual report to the state board. The state board 146 shall annually report on the implementation of the Principal 147 Autonomy Pilot Program Initiative. Upon completion of the pilot 148 program’s first 3-year term, the Commissioner of Education shall 149 submit to the President of the Senate and the Speaker of the 150 House of Representatives by December 1 a full evaluation of the 151 effectiveness of the pilot program. 152 (7) FUNDING.—The Legislature shall provide an appropriation 153 to the department for the costs of the pilot program, including 154 administrative costs and enrollment costs for the University of 155 Virginia School Turnaround Program, and an additional 156 scholarship of $10,000 to each participating principal to be 157 used at his or her school. 158 (8) RULEMAKING.—The State Board of Education shall adopt 159 rules to administer this section. 160 Section 2. Subsection (2) of section 1011.69, Florida 161 Statutes, is amended to read: 162 1011.69 Equity in School-Level Funding Act.— 163 (2) Beginning in the 2003-2004 fiscal year, district school 164 boards shall allocate to schools within the district an average 165 of 90 percent of the funds generated by all schools and 166 guarantee that each school receives at least 80 percent, except 167 schools participating in the Principal Autonomy Pilot Program 168 Initiative under s. 1011.6202 are guaranteed to receive at least 169 90 percent, of the funds generated by that school based upon the 170 Florida Education Finance Program as provided in s. 1011.62 and 171 the General Appropriations Act, including gross state and local 172 funds, discretionary lottery funds, and funds from the school 173 district’s current operating discretionary millage levy. Total 174 funding for each school shall be recalculated during the year to 175 reflect the revised calculations under the Florida Education 176 Finance Program by the state and the actual weighted full-time 177 equivalent students reported by the school during the full-time 178 equivalent student survey periods designated by the Commissioner 179 of Education. If the district school board is providing programs 180 or services to students funded by federal funds, any eligible 181 students enrolled in the schools in the district shall be 182 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.