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.
   24  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.