Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for HB 7043
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LEGISLATIVE ACTION
Senate . House
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Senator Bullard moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 382 and 383
4 insert:
5 Section 5. Section 1011.6202, Florida Statutes, is created
6 to read:
7 1011.6202 Autonomy Pilot Program Initiative.—The Autonomy
8 Pilot Program Initiative is created within the Department of
9 Education. The purpose of the pilot program initiative is to
10 provide the highly effective principal or a highly effective
11 group of select teachers of a participating school with
12 increased autonomy and authority to operate their school in a
13 way that produces significant improvements in student
14 achievement and school management while complying with
15 constitutional requirements. The State Board of Education may,
16 upon approval of an autonomy proposal, enter into a performance
17 contract with up to seven district school boards for
18 participation in the pilot program.
19 (1) PARTICIPATING SCHOOL DISTRICTS.—The district school
20 boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
21 Beach, Pinellas, and Seminole Counties may submit to the state
22 board for approval an autonomy proposal that exchanges statutory
23 and rule exemptions for an agreement to meet performance goals
24 established in the proposal. If approved by the state board,
25 each of these school districts shall be eligible to participate
26 in the pilot program for 3 years. At the end of the 3 years, the
27 performance of all participating schools in the school district
28 shall be evaluated.
29 (2) AUTONOMY PROPOSAL.—
30 (a) To participate in a principal or teacher autonomy pilot
31 program, a school district must:
32 1. Identify three schools that received at least two school
33 grades of “D” or “F” pursuant to s. 1008.34 during the previous
34 3 school years.
35 2. If a principal autonomy proposal is chosen, identify
36 three principals who have earned a highly effective rating on
37 the prior year’s performance evaluation pursuant to s. 1012.34,
38 one of whom shall be assigned to each of the participating
39 schools.
40 3. If a teacher autonomy proposal is chosen, identify three
41 teacher groups in which each of the teachers has earned highly
42 effective performance evaluation ratings for at least 4
43 consecutive years pursuant to s. 1012.34. A group shall be
44 assigned to each of the participating schools.
45 4. Describe the current financial and administrative
46 management of each participating school; identify the areas in
47 which each school principal or group of select teachers will
48 have increased fiscal and administrative autonomy, including the
49 authority and responsibilities provided in s. 1012.28(8); and
50 identify the areas in which each participating school will
51 continue to follow district school board fiscal and
52 administrative policies.
53 5. Explain the methods used to identify the educational
54 strengths and needs of the participating school’s students and
55 identify how student achievement can be improved.
56 6. Establish performance goals for student achievement, as
57 defined in s. 1008.34(1), and explain how the increased autonomy
58 of principals or teachers will help participating schools
59 improve student achievement and school management.
60 7. Provide each participating school’s mission and a
61 description of its student population.
62 (b) The state board shall establish criteria, which must
63 include the criteria listed in paragraph (a), for the approval
64 of an autonomy proposal.
65 (c) A district school board must submit its principal or
66 teacher autonomy proposal to the state board for approval by
67 December 1 in order to begin participation in the subsequent
68 school year. By February 28 of the school year in which the
69 proposal is submitted, the state board shall notify the district
70 school board in writing whether the proposal is approved.
71 (3) EXEMPTION FROM LAWS.—
72 (a) With the exception of those laws listed in paragraph
73 (b), a participating school is exempt from the provisions of
74 chapters 1000-1013 and rules of the state board that implement
75 those exempt provisions.
76 (b) A participating school shall comply with the provisions
77 of chapters 1000-1013, and rules of the state board that
78 implement those provisions, pertaining to the following:
79 1. Those laws relating to the election and compensation of
80 district school board members, the election or appointment and
81 compensation of district school superintendents, public meetings
82 and public records requirements, financial disclosure, and
83 conflicts of interest.
84 2. Those laws relating to the student assessment program
85 and school grading system, including chapter 1008.
86 3. Those laws relating to the provision of services to
87 students with disabilities.
88 4. Those laws relating to civil rights, including s.
89 1000.05, relating to discrimination.
90 5. Those laws relating to student health, safety, and
91 welfare.
92 6. Section 1001.42(4)(f), relating to the uniform opening
93 date for public schools.
94 7. Section 1003.03, governing maximum class size, except
95 that the calculation for compliance pursuant to s. 1003.03 is
96 the average at the school level for a participating school.
97 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
98 compensation and salary schedules.
99 9. Section 1012.33(5), relating to workforce reductions for
100 annual contracts for instructional personnel. This subparagraph
101 does not apply to at-will employees.
102 10. Section 1012.335, relating to annual contracts for
103 instructional personnel hired on or after July 1, 2011. This
104 subparagraph does not apply to at-will employees.
105 11. Section 1012.34, relating to personnel evaluation
106 procedures and criteria.
107 12. Those laws pertaining to educational facilities,
108 including chapter 1013, except that s. 1013.20, relating to
109 covered walkways for relocatables, and s. 1013.21, relating to
110 the use of relocatable facilities exceeding 20 years of age, are
111 eligible for exemption.
112 13. Those laws pertaining to participating school
113 districts, including this section and ss. 1011.69(2) and
114 1012.28(8).
115 (4) PROFESSIONAL DEVELOPMENT.—Each participating school
116 district shall require that the principal or select group of
117 teachers of each participating school, a three-member leadership
118 team from each participating school, and district personnel
119 working with each participating school complete a nationally
120 recognized school turnaround program which focuses on improving
121 leadership, instructional infrastructure, talent management, and
122 differentiated support and accountability. The required
123 personnel must enroll in the school turnaround program upon
124 acceptance into the pilot program.
125 (5) TERM OF PARTICIPATION.—The state board shall authorize
126 a school district to participate in the pilot program for a
127 period of 3 years commencing with approval of the autonomy
128 proposal. Authorization to participate in the pilot program may
129 be renewed upon action of the state board. The state board may
130 revoke authorization to participate in the pilot program if the
131 school district fails to meet the requirements of this section
132 during the 3-year period.
133 (6) REPORTING.—Each participating school district shall
134 submit an annual report to the state board. The state board
135 shall annually report on the implementation of the Autonomy
136 Pilot Program Initiative. Upon completion of the pilot program’s
137 first 3-year term, the Commissioner of Education shall submit to
138 the President of the Senate and the Speaker of the House of
139 Representatives by December 1 a full evaluation of the
140 effectiveness of the pilot program.
141 (7) FUNDING.—The Legislature may appropriate funding to the
142 department in the General Appropriations Act for the costs of
143 the pilot program initiative, including administrative costs and
144 enrollment costs for the school turnaround program and an
145 additional scholarship to each participating principal or select
146 group of teachers to be used at their schools.
147 (8) RULEMAKING.—The State Board of Education shall adopt
148 rules to administer this section.
149 Section 6. Subsection (2) of section 1011.69, Florida
150 Statutes, is amended to read:
151 1011.69 Equity in School-Level Funding Act.—
152 (2) Beginning in the 2003-2004 fiscal year, district school
153 boards shall allocate to schools within the district an average
154 of 90 percent of the funds generated by all schools and
155 guarantee that each school receives at least 80 percent, except
156 schools participating in an autonomy pilot program under s.
157 1011.6202 are guaranteed to receive at least 90 percent, of the
158 funds generated by that school based upon the Florida Education
159 Finance Program as provided in s. 1011.62 and the General
160 Appropriations Act, including gross state and local funds,
161 discretionary lottery funds, and funds from the school
162 district’s current operating discretionary millage levy. Total
163 funding for each school shall be recalculated during the year to
164 reflect the revised calculations under the Florida Education
165 Finance Program by the state and the actual weighted full-time
166 equivalent students reported by the school during the full-time
167 equivalent student survey periods designated by the Commissioner
168 of Education. If the district school board is providing programs
169 or services to students funded by federal funds, any eligible
170 students enrolled in the schools in the district shall be
171 provided federal funds.
172 Section 7. Subsection (8) is added to section 1012.28,
173 Florida Statutes, to read:
174 1012.28 Public school personnel; duties of school
175 principals.—
176 (8) The principal of a school or a select group of teachers
177 participating in an autonomy pilot program under s. 1011.6202
178 have the following additional authority and responsibilities:
179 (a) In addition to the authority provided in subsection
180 (6), the authority to select qualified instructional personnel
181 for placement or to refuse to accept the placement or transfer
182 of instructional personnel by the district school
183 superintendent. Placement of instructional personnel at a
184 participating school in a participating school district does not
185 affect the employee’s status as a school district employee.
186 (b) The authority to deploy financial resources to school
187 programs at the principal’s or the select group of teachers’
188 discretion to help improve student achievement, as defined in s.
189 1008.34(1), and meet performance goals identified in the
190 autonomy proposal submitted pursuant to s. 1011.6202.
191 (c) To annually provide to the district school
192 superintendent and the district school board a budget for the
193 operation of the participating school that identifies how funds
194 provided pursuant to s. 1011.69(2) are allocated. The school
195 district shall include the budget in the annual report provided
196 to the State Board of Education pursuant to s. 1011.6202(6).
197
198 ================= T I T L E A M E N D M E N T ================
199 And the title is amended as follows:
200 Between lines 41 and 42
201 insert:
202 creating s. 1011.6202, F.S.; creating the Autonomy
203 Pilot Program Initiative; providing a purpose for the
204 initiative; providing a procedure for a school
205 district to participate in the initiative; providing
206 requirements for participating school districts and
207 schools; exempting participating schools from certain
208 laws and rules; requiring principals or select groups
209 of teachers at participating schools and other
210 specified personnel to complete a nationally
211 recognized school turnaround program; providing for
212 the term of participation in a pilot program;
213 providing for renewal or revocation of authorization
214 to participate in a pilot program; providing for
215 reporting, funding, and eligibility requirements for
216 certain funding and rulemaking; amending s. 1011.69,
217 F.S.; requiring participating district school boards
218 to allocate a specified percentage of certain funds to
219 participating schools; amending s. 1012.28, F.S.;
220 providing additional authority and responsibilities of
221 the principal or select group of teachers of a
222 participating school;