Florida Senate - 2016 CS for CS for SB 434 By the Committees on Appropriations; and Education Pre-K - 12; and Senators Garcia and Gaetz 576-04194-16 2016434c2 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. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 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. 46 (2) PRINCIPAL AUTONOMY PROPOSAL.— 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.