HB 7019

1	A bill to be entitled
2	An act relating to education personnel; providing a short
3	title; amending s. 1012.34, F.S.; revising provisions
4	relating to the evaluation of instructional personnel and
5	school administrators; requiring the Department of
6	Education to approve each school district's instructional
7	personnel and school administrator evaluation systems;
8	requiring reporting by the Commissioner of Education
9	relating to the evaluation systems; providing requirements
10	and revising procedures and criteria for the evaluation
11	systems; requiring the commissioner to approve or select
12	and the State Board of Education to adopt formulas for
13	school districts to use in measuring student learning
14	growth; requiring the state board to adopt rules relating
15	to standards and measures for implementation of the
16	evaluation systems; amending s. 1008.22, F.S.; requiring
17	school districts to administer assessments for each course
18	offered in the district; requiring the commissioner to
19	identify methods to assist school districts; amending s.
20	1012.22, F.S.; revising provisions relating to
21	instructional personnel and school administrator
22	compensation and salary schedules; providing requirements
23	for a performance salary schedule, a grandfathered salary
24	schedule, adjustments, and supplements; revising criteria
25	for the promotion of instructional personnel; creating s.
26	1012.335, F.S.; providing criteria for employment
27	contracts for instructional personnel hired on or after
28	July 1, 2011; providing definitions; providing grounds for
29	suspension or dismissal; requiring rules to define the
30	term "just cause"; providing that certain individuals who
31	are hired as instructional personnel are ineligible for
32	contracts issued under s. 1012.33, F.S.; amending s.
33	1002.33, F.S.; requiring charter schools to comply with
34	provisions relating to compensation and salary schedules,
35	workforce reductions, contracts with instructional
36	personnel hired on or after July 1, 2011, and certain
37	requirements for performance evaluations; amending s.
38	1003.621, F.S.; requiring academically high-performing
39	school districts to comply with additional requirements
40	for personnel; amending s. 1006.09, F.S.; conforming
41	provisions to changes made by the act; amending s.
42	1012.07, F.S.; revising the methodology for determining
43	critical teacher shortage areas; amending s. 1012.2315,
44	F.S.; providing reporting requirements relating to
45	instructional personnel and school administrator
46	performance; amending s. 1012.27, F.S.; revising the
47	criteria for transferring a teacher; conforming provisions
48	to changes made by the act; amending s. 1012.28, F.S.;
49	authorizing a principal to refuse to accept the placement
50	or transfer of instructional personnel under certain
51	circumstances; amending s. 1012.33, F.S.; revising
52	provisions relating to contracts with certain education
53	personnel; revising just cause grounds for dismissal;
54	revising provisions relating to contract renewal; deleting
55	provisions to conform to changes made by the act;
56	requiring that a district school board's decision to
57	retain personnel be primarily based on the employee's
58	performance; repealing s. 1012.52, F.S., relating to
59	legislative intent and findings to improve student
60	achievement and teacher quality; amending s. 1012.795,
61	F.S.; conforming provisions to changes made by the act;
62	authorizing exemption from requirements for performance
63	evaluation systems and compensation and salary schedules
64	for certain school districts; providing requirements for
65	State Board of Education approval and renewal of
66	exemptions; providing for review and repeal; providing
67	that specified provisions of law do not apply to
68	rulemaking required to administer the act; providing for
69	the repeal of certain special acts or general laws of
70	local application relating to contracts for instructional
71	personnel or school administrators; providing for
72	application of specified provisions of the act; providing
73	for severability; providing effective dates.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  This act may be cited as the "Student Success
78	Act."
79	Section 2.  Effective upon this act becoming a law, section
80	1012.34, Florida Statutes, is amended to read:
81	1012.34  Personnel evaluation Assessment procedures and
82	criteria.-
83	(1)  EVALUATION SYSTEM APPROVAL AND REPORTING.-
84	(a)  For the purpose of increasing student learning growth
85	by improving the quality of instructional, administrative, and
86	supervisory services in the public schools of the state, the
87	district school superintendent shall establish procedures for
88	evaluating assessing the performance of duties and
89	responsibilities of all instructional, administrative, and
90	supervisory personnel employed by the school district. The
91	district school superintendent shall annually report the
92	evaluation results of instructional personnel and school
93	administrators to the Department of Education in addition to the
94	information required under subsection (5).
95	(b)  The department of Education must approve each school
96	district's instructional personnel and school administrator
97	evaluation systems assessment system. The department shall
98	monitor each district's implementation of its instructional
99	personnel and school administrator evaluation systems for
100	compliance with the requirements of this section.
101	(c)  By December 1, 2012, the Commissioner of Education
102	shall report to the Governor, the President of the Senate, and
103	the Speaker of the House of Representatives the approval and
104	implementation status of each school district's instructional
105	personnel and school administrator evaluation systems. The
106	report shall include performance evaluation results for the
107	prior school year for instructional personnel and school
108	administrators using the four levels of performance specified in
109	paragraph (2)(e). The performance evaluation results for
110	instructional personnel shall be disaggregated by classroom
111	teachers, as defined in s. 1012.01(2)(a), excluding substitute
112	teachers, and all other instructional personnel, as defined in
113	s. 1012.01(2)(b)-(d). The commissioner shall continue to report,
114	by December 1 each year thereafter, each school district's
115	performance evaluation results and the status of any evaluation
116	system revisions requested by a school district pursuant to
117	subsection (6).
118	(2)  EVALUATION SYSTEM REQUIREMENTS.-The evaluation systems
119	for instructional personnel and school administrators must
120	following conditions must be considered in the design of the
121	district's instructional personnel assessment system:
122	(a)  The system must Be designed to support effective
123	instruction and student learning growth, and performance
124	evaluation results must be used when developing district and
125	school level improvement plans.
126	(b)  The system must Provide appropriate instruments,
127	procedures, and criteria for continuous quality improvement of
128	the professional skills of instructional personnel and school
129	administrators, and performance evaluation results must be used
130	when identifying professional development opportunities.
131	(c)  The system must Include a mechanism to examine
132	performance data from multiple sources, including opportunities
133	for give parents an opportunity to provide input into employee
134	performance evaluations assessments when appropriate.
135	(d)  Identify In addition to addressing generic teaching
136	competencies, districts must determine those teaching fields for
137	which special evaluation procedures and criteria are necessary
138	will be developed.
139	(e)  Differentiate among four levels of performance as
140	follows:
141	1.  Highly effective.
142	2.  Effective.
143	3.  Needs improvement or, for instructional personnel in
144	the first 3 years of employment who need improvement,
145	developing.
146	4.  Unsatisfactory. Each district school board may
147	establish a peer assistance process. The plan may provide a
148	mechanism for assistance of persons who are placed on
149	performance probation as well as offer assistance to other
150	employees who request it.
151	(f)  The district school board shall Provide for training
152	programs that are based upon guidelines provided by the
153	department of Education to ensure that all individuals with
154	evaluation responsibilities understand the proper use of the
155	evaluation assessment criteria and procedures.
156	(g)  Include a process for monitoring and evaluating the
157	effective and consistent use of the evaluation criteria by
158	employees with evaluation responsibilities.
159	(h)  Include a process for monitoring and evaluating the
160	effectiveness of the system itself in improving instruction and
161	student learning.
162
163	In addition, each district school board may establish a peer
164	assistance process. This process may be a part of the regular
165	evaluation system or used to assist employees placed on
166	performance probation, newly hired classroom teachers, or
167	employees who request assistance.
168	(3)  EVALUATION PROCEDURES AND CRITERIA.-The assessment
169	procedure for Instructional personnel and school administrator
170	performance evaluations administrators must be primarily based
171	upon on the performance of students assigned to their classrooms
172	or schools, as provided in this section appropriate. Pursuant to
173	this section, a school district's performance evaluation
174	assessment is not limited to basing unsatisfactory performance
175	of instructional personnel and school administrators solely upon
176	student performance, but may include other criteria approved to
177	evaluate assess instructional personnel and school
178	administrators' performance, or any combination of student
179	performance and other approved criteria. Evaluation The
180	procedures and criteria must comply with, but are not limited
181	to, the following requirements:
182	(a)  A performance evaluation An assessment must be
183	conducted for each employee at least once a year, except that a
184	classroom teacher, as defined in s. 1012.01(2)(a), excluding
185	substitute teachers, who is newly hired by the district school
186	board must be observed and evaluated at least twice in the first
187	year of teaching in the school district. The performance
188	evaluation assessment must be based upon sound educational
189	principles and contemporary research in effective educational
190	practices. The assessment must primarily use data and indicators
191	of improvement in student performance assessed annually as
192	specified in s. 1008.22 and may consider results of peer reviews
193	in evaluating the employee's performance. Student performance
194	must be measured by state assessments required under s. 1008.22
195	and by local assessments for subjects and grade levels not
196	measured by the state assessment program. The evaluation
197	assessment criteria must include, but are not limited to,
198	indicators that relate to the following:
199	1.  Performance of students. At least 50 percent of a
200	performance evaluation must be based upon data and indicators of
201	student learning growth assessed annually by statewide
202	assessments or, for subjects and grade levels not measured by
203	statewide assessments, by school district assessments as
204	provided in s. 1008.22(8). Each school district must use the
205	formula adopted pursuant to paragraph (7)(a) for measuring
206	student learning growth in all courses associated with statewide
207	assessments and must select an equally appropriate formula for
208	measuring student learning growth for all other grades and
209	subjects, except as otherwise provided in subsection (7).
210	a.  For classroom teachers, as defined in s. 1012.01(2)(a),
211	excluding substitute teachers, the student learning growth
212	portion of the evaluation must include growth data for students
213	assigned to the teacher over the course of at least 3 years. If
214	less than 3 years of data are available, the years for which
215	data are available must be used and the percentage of the
216	evaluation based upon student learning growth may be reduced to
217	not less than 40 percent.
218	b.  For instructional personnel who are not classroom
219	teachers, the student learning growth portion of the evaluation
220	must include growth data on statewide assessments for students
221	assigned to the instructional personnel over the course of at
222	least 3 years, or may include a combination of student learning
223	growth data and other measureable student outcomes that are
224	specific to the assigned position, provided that the student
225	learning growth data accounts for not less than 30 percent of
226	the evaluation. If less than 3 years of student growth data are
227	available, the years for which data are available must be used
228	and the percentage of the evaluation based upon student learning
229	growth may be reduced to not less than 20 percent.
230	c.  For school administrators, the student learning growth
231	portion of the evaluation must include growth data for students
232	assigned to the school over the course of at least 3 years. If
233	less than 3 years of data are available, the years for which
234	data are available must be used and the percentage of the
235	evaluation based upon student learning growth may be reduced to
236	not less than 40 percent.
237	2.  Instructional practice. Evaluation criteria used when
238	annually observing classroom teachers, as defined in s.
239	1012.01(2)(a), excluding substitute teachers, must include
240	indicators based upon each of the Florida Educator Accomplished
241	Practices adopted by the State Board of Education. For
242	instructional personnel who are not classroom teachers,
243	evaluation criteria must be based upon indicators of the Florida
244	Educator Accomplished Practices and may include specific job
245	expectations related to student support.
246	3.  Instructional leadership. For school administrators,
247	evaluation criteria must include indicators based upon each of
248	the leadership standards adopted by the State Board of Education
249	pursuant to s. 1012.986, including performance measures related
250	to the effectiveness of classroom teachers in the school, the
251	administrator's appropriate use of evaluation criteria and
252	procedures, recruitment and retention of effective and highly
253	effective classroom teachers, improvement in the percentage of
254	instructional personnel evaluated at the highly effective or
255	effective level, and other leadership practices that result in
256	student learning growth. The system may include a means to give
257	parents and instructional personnel an opportunity to provide
258	input into the administrator's performance evaluation.
259	4.  Professional and job responsibilities. For
260	instructional personnel and school administrators, other
261	professional and job responsibilities must be included as
262	adopted by the State Board of Education. The district school
263	board may identify additional professional and job
264	responsibilities.
265	2.  Ability to maintain appropriate discipline.
266	3.  Knowledge of subject matter. The district school board
267	shall make special provisions for evaluating teachers who are
268	assigned to teach out-of-field.
269	4.  Ability to plan and deliver instruction and the use of
270	technology in the classroom.
271	5.  Ability to evaluate instructional needs.
272	6.  Ability to establish and maintain a positive
273	collaborative relationship with students' families to increase
274	student achievement.
275	7.  Other professional competencies, responsibilities, and
276	requirements as established by rules of the State Board of
277	Education and policies of the district school board.
278	(b)  All personnel must be fully informed of the criteria
279	and procedures associated with the evaluation assessment process
280	before the evaluation assessment takes place.
281	(c)  The individual responsible for supervising the
282	employee must evaluate assess the employee's performance. The
283	evaluation system may provide for the evaluator to consider
284	input from other personnel trained under paragraph (2)(f). The
285	evaluator must submit a written report of the evaluation
286	assessment to the district school superintendent for the purpose
287	of reviewing the employee's contract. The evaluator must submit
288	the written report to the employee no later than 10 days after
289	the evaluation assessment takes place. The evaluator must
290	discuss the written evaluation report of assessment with the
291	employee. The employee shall have the right to initiate a
292	written response to the evaluation assessment, and the response
293	shall become a permanent attachment to his or her personnel
294	file.
295	(d)  The evaluator may amend an evaluation based upon
296	assessment data from the current school year if the data becomes
297	available within 90 days after the close of the school year. The
298	evaluator must then comply with the procedures set forth in
299	paragraph (c).
300	(4)  NOTIFICATION OF UNSATISFACTORY PERFORMANCE.-If an
301	employee who holds a professional service contract as provided
302	in s. 1012.33 is not performing his or her duties in a
303	satisfactory manner, the evaluator shall notify the employee in
304	writing of such determination. The notice must describe such
305	unsatisfactory performance and include notice of the following
306	procedural requirements:
307	(a)1.  Upon delivery of a notice of unsatisfactory
308	performance, the evaluator must confer with the employee who
309	holds a professional service contract, make recommendations with
310	respect to specific areas of unsatisfactory performance, and
311	provide assistance in helping to correct deficiencies within a
312	prescribed period of time.
313	(b)1.2.a.  If The employee who holds a professional service
314	contract as provided in s. 1012.33, the employee shall be placed
315	on performance probation and governed by the provisions of this
316	section for 90 calendar days following the receipt of the notice
317	of unsatisfactory performance to demonstrate corrective action.
318	School holidays and school vacation periods are not counted when
319	calculating the 90-calendar-day period. During the 90 calendar
320	days, the employee who holds a professional service contract
321	must be evaluated periodically and apprised of progress achieved
322	and must be provided assistance and inservice training
323	opportunities to help correct the noted performance
324	deficiencies. At any time during the 90 calendar days, the
325	employee who holds a professional service contract may request a
326	transfer to another appropriate position with a different
327	supervising administrator; however, if a transfer is granted
328	pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend
329	the period for correcting performance deficiencies.
330	2.b.  Within 14 days after the close of the 90 calendar
331	days, the evaluator must evaluate assess whether the performance
332	deficiencies have been corrected and forward a recommendation to
333	the district school superintendent. Within 14 days after
334	receiving the evaluator's recommendation, the district school
335	superintendent must notify the employee who holds a professional
336	service contract in writing whether the performance deficiencies
337	have been satisfactorily corrected and whether the district
338	school superintendent will recommend that the district school
339	board continue or terminate his or her employment contract. If
340	the employee wishes to contest the district school
341	superintendent's recommendation, the employee must, within 15
342	days after receipt of the district school superintendent's
343	recommendation, submit a written request for a hearing. The
344	hearing shall be conducted at the district school board's
345	election in accordance with one of the following procedures:
346	a.(I)  A direct hearing conducted by the district school
347	board within 60 days after receipt of the written appeal. The
348	hearing shall be conducted in accordance with the provisions of
349	ss. 120.569 and 120.57. A majority vote of the membership of the
350	district school board shall be required to sustain the district
351	school superintendent's recommendation. The determination of the
352	district school board shall be final as to the sufficiency or
353	insufficiency of the grounds for termination of employment; or
354	b.(II)  A hearing conducted by an administrative law judge
355	assigned by the Division of Administrative Hearings of the
356	Department of Management Services. The hearing shall be
357	conducted within 60 days after receipt of the written appeal in
358	accordance with chapter 120. The recommendation of the
359	administrative law judge shall be made to the district school
360	board. A majority vote of the membership of the district school
361	board shall be required to sustain or change the administrative
362	law judge's recommendation. The determination of the district
363	school board shall be final as to the sufficiency or
364	insufficiency of the grounds for termination of employment.
365	(5)(4)  ADDITIONAL NOTIFICATIONS.-The district school
366	superintendent shall annually notify the department of any
367	instructional personnel or school administrators who receive two
368	consecutive unsatisfactory evaluations. The district school
369	superintendent shall also notify the department of any
370	instructional personnel or school administrators and who are
371	have been given written notice by the district of intent to
372	terminate or not renew that their employment is being terminated
373	or is not being renewed or that the district school board
374	intends to terminate, or not renew, their employment. The
375	department shall conduct an investigation to determine whether
376	action shall be taken against the certificateholder pursuant to
377	s. 1012.795(1)(c).
378	(5)  The district school superintendent shall develop a
379	mechanism for evaluating the effective use of assessment
380	criteria and evaluation procedures by administrators who are
381	assigned responsibility for evaluating the performance of
382	instructional personnel. The use of the assessment and
383	evaluation procedures shall be considered as part of the annual
384	assessment of the administrator's performance. The system must
385	include a mechanism to give parents and teachers an opportunity
386	to provide input into the administrator's performance
387	assessment, when appropriate.
388	(6)  Nothing in this section shall be construed to grant a
389	probationary employee a right to continued employment beyond the
390	term of his or her contract.
391	(6)(7)  ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL
392	DISTRICT EVALUATION SYSTEMS.-The district school board shall
393	establish a procedure for annually reviewing instructional
394	personnel and school administrator evaluation assessment systems
395	to determine compliance with this section. All substantial
396	revisions to an approved system must be reviewed and approved by
397	the district school board before being used to evaluate assess
398	instructional personnel or school administrators. Upon request
399	by a school district, the department shall provide assistance in
400	developing, improving, or reviewing an evaluation assessment
401	system.
402	(7)  MEASUREMENT OF STUDENT LEARNING GROWTH.-
403	(a)  By June 1, 2011, the Commissioner of Education shall
404	approve a formula to measure individual student learning growth
405	on the Florida Comprehensive Assessment Test (FCAT) administered
406	pursuant to s. 1008.22(3)(c)1. The formula must take into
407	consideration each student's prior academic performance. The
408	formula must not set different expectations for student learning
409	growth based upon a student's gender, race, ethnicity, or
410	socioeconomic status. In the development of the formula, the
411	commissioner shall consider other factors such as a student's
412	attendance record, disability status, or status as an English
413	language learner. The commissioner shall select additional
414	formulas as appropriate for the remainder of the statewide
415	assessments included under s. 1008.22 and continue to select
416	formulas as new assessments are implemented in the state system.
417	After the commissioner approves the formula to measure
418	individual student learning growth on the FCAT and as additional
419	formulas are selected by the commissioner for new assessments
420	implemented in the state system, the State Board of Education
421	shall adopt these formulas by rule.
422	(b)  Beginning in the 2011-2012 school year, each school
423	district shall measure student learning growth using the formula
424	approved by the commissioner under paragraph (a) for courses
425	associated with the FCAT. Each school district shall implement
426	the additional student learning growth measures selected by the
427	commissioner under paragraph (a) for the remainder of the
428	statewide assessments included under s. 1008.22 as they become
429	available. Beginning in the 2014-2015 school year, for grades
430	and subjects not assessed by statewide assessments but otherwise
431	assessed as required under s. 1008.22(8), each school district
432	shall measure student learning growth using an equally
433	appropriate formula. The department shall provide models for
434	measuring student learning growth which school districts may
435	adopt.
436	(c)  For a course that is not measured by a statewide
437	assessment, a school district may request, through the
438	evaluation system approval process, to use a student achievement
439	measure rather than a student learning growth measure if
440	achievement is demonstrated to be a more appropriate measure of
441	classroom teacher performance. A school district may also
442	request to use a combination of student learning growth and
443	achievement, if appropriate.
444	(d)  If the student learning growth in a course is not
445	measured by a statewide assessment but is measured by a school
446	district assessment, a school district may request, through the
447	evaluation system approval process, that the performance
448	evaluation for the classroom teacher assigned to that course
449	include the learning growth of his or her students on FCAT
450	Reading or FCAT Mathematics. The request must clearly explain
451	the rationale supporting the request. However, the classroom
452	teacher's performance evaluation must give greater weight to
453	student learning growth on the district assessment.
454	(e)  For classroom teachers of courses for which the
455	district has not implemented appropriate assessments under s.
456	1008.22(8) or for which the school district has not adopted an
457	equally appropriate measure of student learning growth under
458	paragraphs (b)-(d), student learning growth must be measured by
459	the growth in learning of the classroom teacher's students on
460	statewide assessments, or, for courses in which enrolled
461	students do not take the statewide assessments, measurable
462	learning targets must be established based upon the goals of the
463	school improvement plan and approved by the school principal. A
464	district school superintendent may assign to instructional
465	personnel in an instructional team the student learning growth
466	of the instructional team's students on statewide assessments.
467	This paragraph expires July 1, 2015.
468	(8)  RULEMAKING.-The State Board of Education shall adopt
469	rules pursuant to ss. 120.536(1) and 120.54 which, that
470	establish uniform procedures guidelines for the submission,
471	review, and approval of district evaluation systems and
472	reporting requirements procedures for the annual evaluation
473	assessment of instructional personnel and school administrators;
474	specific, discrete standards for each performance level required
475	under subsection (2) to ensure clear and sufficient
476	differentiation in the performance levels and to provide
477	consistency in meaning across school districts; the measurement
478	of student learning growth and associated implementation
479	procedures required under subsection (7); and a process for
480	monitoring school district implementation of evaluation systems
481	in accordance with this section that include criteria for
482	evaluating professional performance. Specifically, the rules
483	shall establish a student learning growth standard that, if not
484	met, will result in the employee receiving an unsatisfactory
485	performance evaluation rating. In like manner, the rules shall
486	establish a student learning growth standard that must be met in
487	order for an employee to receive a highly effective rating and a
488	student learning growth standard that must be met in order for
489	an employee to receive an effective rating.
490	Section 3.  Subsection (8) of section 1008.22, Florida
491	Statutes, is amended to read:
492	1008.22  Student assessment program for public schools.-
493	(8)  LOCAL ASSESSMENTS.-
494	(a)  Measurement of the learning gains of students in all
495	subjects and grade levels other than subjects and grade levels
496	required for the state student achievement testing program is
497	the responsibility of the school districts.
498	(b)  Beginning with the 2014-2015 school year, each school
499	district shall administer for each course offered in the
500	district a student assessment that measures mastery of the
501	content, as described in the state-adopted course description,
502	at the necessary level of rigor for the course. Such assessments
503	may include:
504	1.  Statewide assessments.
505	2.  Other standardized assessments, including nationally
506	recognized standardized assessments.
507	3.  Industry certification examinations.
508	4.  District-developed or district-selected end-of-course
509	assessments.
510	(c)  The Commissioner of Education shall identify methods
511	to assist and support districts in the development and
512	acquisition of assessments required under this subsection.
513	Methods may include developing item banks, facilitating the
514	sharing of developed tests among school districts, acquiring
515	assessments from state and national curriculum-area
516	organizations, and providing technical assistance in best
517	professional practices of test development based upon state-
518	adopted curriculum standards, administration, and security.
519	Section 4.  Paragraphs (c) and (e) of subsection (1) of
520	section 1012.22, Florida Statutes, are amended to read:
521	1012.22  Public school personnel; powers and duties of the
522	district school board.-The district school board shall:
523	(1)  Designate positions to be filled, prescribe
524	qualifications for those positions, and provide for the
525	appointment, compensation, promotion, suspension, and dismissal
526	of employees as follows, subject to the requirements of this
527	chapter:
528	(c)  Compensation and salary schedules.-
529	1.  Definitions.-As used in this paragraph:
530	a.  "Adjustment" means an addition to the base salary
531	schedule that is not a bonus and becomes part of the employee's
532	permanent base salary and shall be considered compensation under
533	s. 121.021(22).
534	b.  "Grandfathered salary schedule" means the salary
535	schedule or schedules adopted by a district school board before
536	July 1, 2014, pursuant to subparagraph 4.
537	c.  "Instructional personnel" means instructional personnel
538	as defined in s. 1012.01(2)(a)-(d), excluding substitute
539	teachers.
540	d.  "Performance salary schedule" means the salary schedule
541	or schedules adopted by a district school board pursuant to
542	subparagraph 5.
543	e.  "Salary schedule" means the schedule or schedules used
544	to provide the base salary for district school board personnel.
545	f.  "School administrator" means a school administrator as
546	defined in s. 1012.01(3)(c).
547	g.  "Supplement" means an annual addition to the base
548	salary for the term of the negotiated supplement as long as the
549	employee continues his or her employment for the purpose of the
550	supplement. A supplement does not become part of the employee's
551	continuing base salary but shall be considered compensation
552	under s. 121.021(22).
553	2.  Cost-of-living adjustment.-A district school board may
554	provide a cost-of-living salary adjustment if the adjustment:
555	a.  Does not discriminate among comparable classes of
556	employees based upon the salary schedule under which they are
557	compensated.
558	b.  Does not exceed 50 percent of the annual adjustment
559	provided to instructional personnel rated as effective.
560	3.  Advanced degrees.-Beginning with instructional
561	personnel hired on or after July 1, 2011, a district school
562	board may not use advanced degrees in setting a salary schedule
563	for instructional personnel but may provide a supplement for
564	advanced degrees as follows:
565	a.  For classroom teachers, as defined in s. 1012.01(2)(a),
566	excluding substitute teachers, the advanced degree must be in
567	the specific subject area in which the teacher is certified and
568	teaching.
569	b.  For instructional personnel who are not classroom
570	teachers, the advanced degree must directly relate to the
571	specific job assignment.
572	4.  Grandfathered salary schedule.-
573	a.  The district school board shall adopt a salary schedule
574	or salary schedules to be used as the basis for paying all
575	school employees hired before July 1, 2014. Instructional
576	personnel on annual contract as of July 1, 2014, shall be placed
577	on the performance salary schedule adopted under subparagraph 5.
578	Instructional personnel on continuing contract or professional
579	service contract may opt into the performance salary schedule if
580	the employee relinquishes such contract and agrees to be
581	employed on an annual contract under s. 1012.335. Such an
582	employee shall be placed on the performance salary schedule and
583	may not return to continuing contract or professional service
584	contract status. Any employee who opts into the performance
585	salary schedule may not return to the grandfathered salary
586	schedule.
587	b.  In determining the grandfathered salary schedule for
588	instructional personnel, a district school board must base a
589	portion of each employee's compensation upon performance
590	demonstrated under s. 1012.34 and shall provide differentiated
591	pay for both instructional personnel and school administrators
592	based upon district-determined factors, including, but not
593	limited to, additional responsibilities, school demographics,
594	critical shortage areas, and level of job performance
595	difficulties.
596	5.  Performance salary schedule.-By July 1, 2014, the
597	district school board shall adopt a performance salary schedule
598	that provides annual salary adjustments for instructional
599	personnel and school administrators based upon performance
600	determined under s. 1012.34. Employees hired on or after July 1,
601	2014, or employees who choose to move from the grandfathered
602	salary schedule to the performance salary schedule shall be
603	compensated pursuant to the performance salary schedule once
604	they have received the appropriate performance evaluation for
605	this purpose. However, a classroom teacher whose performance
606	evaluation utilizes student learning growth measures established
607	under s. 1012.34(7)(e) shall remain under the grandfathered
608	salary schedule until his or her teaching assignment changes to
609	a subject with an assessment or the school district establishes
610	equally appropriate measures of student learning growth as
611	defined under s. 1012.34 and rules of the State Board of
612	Education.
613	a.  Base salary.-The base salary shall be established as
614	follows:
615	(I)  The base salary for instructional personnel or school
616	administrators who opt into the performance salary schedule
617	shall be the salary paid in the prior year, including
618	adjustments only.
619	(II)  Beginning July 1, 2014, instructional personnel or
620	school administrators new to the district, returning to the
621	district after a break in service without an authorized leave of
622	absence, or appointed for the first time to a position in the
623	district in the capacity of instructional personnel or school
624	administrator shall be placed on the performance salary
625	schedule.
626	b.  Salary adjustments.-Salary adjustments for highly
627	effective or effective performance shall be established as
628	follows:
629	(I)  The annual salary adjustment under the performance
630	salary schedule for an employee rated as highly effective must
631	be greater than the highest annual salary adjustment available
632	to an employee of the same classification through any other
633	salary schedule adopted by the district.
634	(II)  The annual salary adjustment under the performance
635	salary schedule for an employee rated as effective must be equal
636	to at least 50 percent and no more than 75 percent of the annual
637	adjustment provided for a highly effective employee of the same
638	classification.
639	(III)  The performance salary schedule shall not provide an
640	annual salary adjustment for an employee who receives a rating
641	other than highly effective or effective for the year.
642	c.  Salary supplements.-In addition to the salary
643	adjustments, each district school board shall provide for salary
644	supplements for activities which must include, but are not
645	limited to:
646	(I)  Assignment to a Title I eligible school.
647	(II)  Assignment to a school in the bottom two categories
648	of the school improvement system under s. 1008.33 such that the
649	supplement remains in force for at least 1 year following
650	improved performance in that school.
651	(III)  Certification and teaching in critical teacher
652	shortage areas. Statewide critical teacher shortage areas shall
653	be identified by the State Board of Education pursuant to s.
654	1012.07. However, the district school board may identify other
655	areas of critical shortage within the school district for
656	purposes of this sub-sub-subparagraph and may remove areas
657	identified by the state board that do not apply within the
658	school district.
659	(IV)  Assignment of additional academic responsibilities.
660
661	If budget constraints in any given year limit a district school
662	board's ability to fully fund all adopted salary schedules, the
663	performance salary schedule shall not be reduced, on the basis
664	of either total cost or the value of individual awards, in a
665	manner that is proportionally greater than reductions to any
666	other salary schedules adopted by the district. The district
667	school board shall adopt a salary schedule or salary schedules
668	designed to furnish incentives for improvement in training and
669	for continued efficient service to be used as a basis for paying
670	all school employees and fix and authorize the compensation of
671	school employees on the basis thereof.
672	2.  A district school board, in determining the salary
673	schedule for instructional personnel, must base a portion of
674	each employee's compensation on performance demonstrated under
675	s. 1012.34, must consider the prior teaching experience of a
676	person who has been designated state teacher of the year by any
677	state in the United States, and must consider prior professional
678	experience in the field of education gained in positions in
679	addition to district level instructional and administrative
680	positions.
681	3.  In developing the salary schedule, the district school
682	board shall seek input from parents, teachers, and
683	representatives of the business community.
684	4.  Beginning with the 2007-2008 academic year, each
685	district school board shall adopt a salary schedule with
686	differentiated pay for both instructional personnel and school-
687	based administrators. The salary schedule is subject to
688	negotiation as provided in chapter 447 and must allow
689	differentiated pay based on district-determined factors,
690	including, but not limited to, additional responsibilities,
691	school demographics, critical shortage areas, and level of job
692	performance difficulties.
693	(e)  Transfer and promotion.-The district school board
694	shall act on recommendations of the district school
695	superintendent regarding transfer and promotion of any employee.
696	The district school superintendent's primary consideration in
697	recommending an individual for a promotion must be the
698	individual's demonstrated effectiveness under s. 1012.34.
699	Section 5.  Section 1012.335, Florida Statutes, is created
700	to read:
701	1012.335  Contracts with instructional personnel hired on
702	or after July 1, 2011.-
703	(1)  DEFINITIONS.-As used in this section, the term:
704	(a)  "Annual contract" means an employment contract for a
705	period of no longer than 1 school year which the district school
706	board may choose to award or not award without cause.
707	(b)  "Instructional personnel" means instructional
708	personnel as defined in s. 1012.01(2)(a)-(d), excluding
709	substitute teachers.
710	(c)  "Probationary contract" means an employment contract
711	for a period of 1 school year awarded to instructional personnel
712	upon initial employment in a school district. Probationary
713	contract employees may be dismissed without cause or may resign
714	without breach of contract. A district school board may not
715	award a probationary contract more than once to the same
716	employee unless the employee was rehired after a break in
717	service for which an authorized leave of absence was not
718	granted. A probationary contract shall be awarded regardless of
719	previous employment in another school district or state.
720	(2)  EMPLOYMENT.-
721	(a)  Beginning July 1, 2011, each individual newly hired as
722	instructional personnel by the district school board shall be
723	awarded a probationary contract. Upon successful completion of
724	the probationary contract, the district school board may award
725	an annual contract pursuant to paragraph (c).
726	(b)  Beginning July 1, 2011, an annual contract may be
727	awarded pursuant to paragraph (c) for instructional personnel
728	who have successfully completed a probationary contract with the
729	district school board and have received one or more annual
730	contracts from the district school board.
731	(c)  An annual contract may be awarded only if the
732	employee:
733	1.  Holds an active professional certificate or temporary
734	certificate issued pursuant to s. 1012.56 and rules of the State
735	Board of Education.
736	2.  Has been recommended by the district school
737	superintendent for the annual contract based upon the
738	individual's evaluation under s. 1012.34 and approved by the
739	district school board.
740	3.  Has not received two consecutive annual performance
741	evaluation ratings of unsatisfactory, two annual performance
742	evaluation ratings of unsatisfactory within a 3-year period, or
743	three consecutive annual performance evaluation ratings of needs
744	improvement or a combination of needs improvement and
745	unsatisfactory under s. 1012.34.
746	(3)  VIOLATION OF ANNUAL CONTRACT.-Instructional personnel
747	who accept a written offer from the district school board and
748	who leave their positions without prior release from the
749	district school board are subject to the jurisdiction of the
750	Education Practices Commission.
751	(4)  SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
752	ANNUAL CONTRACT.-Any instructional personnel with an annual
753	contract may be suspended or dismissed at any time during the
754	term of the contract for just cause as provided in subsection
755	(5). The district school board shall notify the employee in
756	writing whenever charges are made and may suspend such person
757	without pay. However, if the charges are not sustained, the
758	employee shall be immediately reinstated and his or her back pay
759	shall be paid. If the employee wishes to contest the charges, he
760	or she must, within 15 days after receipt of the written notice,
761	submit a written request for a hearing to the district school
762	board. A direct hearing shall be conducted by the district
763	school board or a subcommittee thereof within 60 days after
764	receipt of the written appeal. The hearing shall be conducted in
765	accordance with ss. 120.569 and 120.57. A majority vote of the
766	membership of the district school board shall be required to
767	sustain the district school superintendent's recommendation. The
768	district school board's determination is final as to the
769	sufficiency or insufficiency of the grounds for suspension
770	without pay or dismissal. Any such decision adverse to the
771	employee may be appealed by the employee pursuant to s. 120.68.
772	(5)  JUST CAUSE.-The State Board of Education shall adopt
773	rules pursuant to ss. 120.536(1) and 120.54 to define the term
774	"just cause." Just cause includes, but is not limited to:
775	(a)  Immorality.
776	(b)  Misconduct in office.
777	(c)  Incompetency.
778	(d)  Gross insubordination.
779	(e)  Willful neglect of duty.
780	(f)  Being convicted or found guilty of, or entering a plea
781	of guilty to, regardless of adjudication of guilt, any crime
782	involving moral turpitude.
783	(6)  LIMITATION.-An individual newly hired as instructional
784	personnel by a school district in this state under this section
785	is ineligible for any contract issued under s. 1012.33.
786	Section 6.  Paragraph (b) of subsection (16) of section
787	1002.33, Florida Statutes, is amended to read:
788	1002.33  Charter schools.-
789	(16)  EXEMPTION FROM STATUTES.-
790	(b)  Additionally, a charter school shall be in compliance
791	with the following statutes:
792	1.  Section 286.011, relating to public meetings and
793	records, public inspection, and criminal and civil penalties.
794	2.  Chapter 119, relating to public records.
795	3.  Section 1003.03, relating to the maximum class size,
796	except that the calculation for compliance pursuant to s.
797	1003.03 shall be the average at the school level.
798	4.  Section 1012.22(1)(c), relating to compensation and
799	salary schedules.
800	5.  Section 1012.33(5), relating to workforce reductions.
801	6.  Section 1012.335, relating to contracts with
802	instructional personnel hired on or after July 1, 2011.
803	7.  Section 1012.34, relating to the substantive
804	requirements for performance evaluations for instructional
805	personnel and school administrators.
806	Section 7.  Paragraph (h) of subsection (2) of section
807	1003.621, Florida Statutes, is amended to read:
808	1003.621  Academically high-performing school districts.-It
809	is the intent of the Legislature to recognize and reward school
810	districts that demonstrate the ability to consistently maintain
811	or improve their high-performing status. The purpose of this
812	section is to provide high-performing school districts with
813	flexibility in meeting the specific requirements in statute and
814	rules of the State Board of Education.
815	(2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
816	high-performing school district shall comply with all of the
817	provisions in chapters 1000-1013, and rules of the State Board
818	of Education which implement these provisions, pertaining to the
819	following:
820	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
821	public school personnel compensation and salary schedules; s.
822	1012.34, relating to personnel evaluation procedures and
823	criteria; and ss. 1012.33 and 1012.335, relating to contracts
824	with instructional personnel, staff, supervisors, and school
825	administrators differentiated pay and performance-pay policies
826	for school administrators and instructional personnel.
827	Professional service contracts are subject to the provisions of
828	ss. 1012.33 and 1012.34.
829	Section 8.  Subsection (4) of section 1006.09, Florida
830	Statutes, is amended to read:
831	1006.09  Duties of school principal relating to student
832	discipline and school safety.-
833	(4)  When a student has been the victim of a violent crime
834	perpetrated by another student who attends the same school, the
835	school principal shall make full and effective use of the
836	provisions of subsection (2) and s. 1006.13(6). A school
837	principal who fails to comply with this subsection shall be
838	ineligible for any portion of the performance pay policy
839	incentive or the differentiated pay under s. 1012.22. However,
840	if any party responsible for notification fails to properly
841	notify the school, the school principal shall be eligible for
842	the performance pay incentive or differentiated pay.
843	Section 9.  Section 1012.07, Florida Statutes, is amended
844	to read:
845	1012.07  Identification of critical teacher shortage
846	areas.-
847	(1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
848	"critical teacher shortage area" means high-need content areas
849	applies to mathematics, science, career education, and high-
850	priority high priority location areas identified by. the State
851	Board of Education may identify career education programs having
852	critical teacher shortages. The State Board of Education shall
853	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
854	annually identify other critical teacher shortage areas and high
855	priority location areas. The state board must shall also
856	consider current and emerging educational requirements and
857	workforce demands teacher characteristics such as ethnic
858	background, race, and sex in determining critical teacher
859	shortage areas. School grade levels may also be designated
860	critical teacher shortage areas. Individual district school
861	boards may identify and submit other critical teacher shortage
862	areas. Such submissions shortages must be aligned to current and
863	emerging educational requirements and workforce demands in order
864	to be certified to and approved by the State Board of Education.
865	High-priority High priority location areas shall be in high-
866	density, low-economic urban schools, and low-density, low-
867	economic rural schools, and schools identified as lowest
868	performing under s. 1008.33(4)(b) shall include schools which
869	meet criteria which include, but are not limited to, the
870	percentage of free lunches, the percentage of students under
871	Chapter I of the Education Consolidation and Improvement Act of
872	1981, and the faculty attrition rate.
873	(2)  This section shall be implemented only to the extent
874	as specifically funded and authorized by law.
875	Section 10.  Subsection (5) of section 1012.2315, Florida
876	Statutes, is amended to read:
877	1012.2315  Assignment of teachers.-
878	(5)  REPORT.-
879	(a)  Beginning July 1, 2012, the Department of Education
880	shall annually report on its website, in a manner that is
881	accessible to the public, the performance rating data reported
882	by district school boards under s. 1012.34. The report must
883	include the percentage of classroom teachers, instructional
884	personnel, and school administrators receiving each performance
885	rating aggregated by school district and by school.
886	(b)  Notwithstanding the provisions of s. 1012.31(3)(a)2.,
887	each school district shall annually report to a parent the fact
888	that his or her child has been assigned to a classroom teacher
889	or school administrator having two consecutive annual
890	performance evaluation ratings of unsatisfactory under s.
891	1012.34, two annual performance evaluation ratings of
892	unsatisfactory within a 3-year period under s. 1012.34, or three
893	consecutive annual performance evaluation ratings of needs
894	improvement or a combination of needs improvement and
895	unsatisfactory under s. 1012.34. Schools graded "D" or "F" shall
896	annually report their teacher-retention rate. Included in this
897	report shall be reasons listed for leaving by each teacher who
898	left the school for any reason.
899	Section 11.  Subsections (1) and (2) of section 1012.27,
900	Florida Statutes, are amended to read:
901	1012.27  Public school personnel; powers and duties of
902	district school superintendent.-The district school
903	superintendent is responsible for directing the work of the
904	personnel, subject to the requirements of this chapter, and in
905	addition the district school superintendent shall perform the
906	following:
907	(1)  POSITIONS, QUALIFICATIONS, AND NOMINATIONS.-
908	(a)  Recommend to the district school board duties and
909	responsibilities which need to be performed and positions which
910	need to be filled to make possible the development of an
911	adequate school program in the district.
912	(b)  Recommend minimum qualifications of personnel for
913	these various positions, and nominate in writing persons to fill
914	such positions.
915
916	The district school superintendent's recommendations for filling
917	instructional positions at the school level must consider
918	nominations received from school principals of the respective
919	schools. Before transferring a teacher who holds a professional
920	teaching certificate from one school to another, the district
921	school superintendent shall consult with the principal of the
922	receiving school and allow the principal to review the teacher's
923	records, including student performance demonstrated under s.
924	1012.34, and interview the teacher. If, in the judgment of the
925	principal, students would not benefit from the placement, an
926	alternative placement may be sought. A principal may refuse the
927	placement in accordance with s. 1012.28(6).
928	(2)  COMPENSATION AND SALARY SCHEDULES.-Prepare and
929	recommend to the district school board for adoption a salary
930	schedule or salary schedules in accordance with s. 1012.22. The
931	district school superintendent must recommend a salary schedule
932	for instructional personnel which bases a portion of each
933	employee's compensation on performance demonstrated under s.
934	1012.34. In developing the recommended salary schedule, the
935	district school superintendent shall include input from parents,
936	teachers, and representatives of the business community.
937	Beginning with the 2007-2008 academic year, the recommended
938	salary schedule for classroom teachers shall be consistent with
939	the district's differentiated-pay policy based upon s. 1012.22.
940	Section 12.  Subsection (3) of section 1012.28, Florida
941	Statutes, is amended, present subsection (6) is renumbered as
942	subsection (7) and amended, and a new subsection (6) is added to
943	that section, to read:
944	1012.28  Public school personnel; duties of school
945	principals.-
946	(3)  Each school principal is responsible for the
947	performance of all personnel employed by the district school
948	board and assigned to the school to which the principal is
949	assigned. The school principal shall faithfully and effectively
950	apply the personnel evaluation assessment system approved by the
951	district school board pursuant to s. 1012.34.
952	(6)  A principal may refuse to accept the placement or
953	transfer of instructional personnel by the district school
954	superintendent to his or her school unless the instructional
955	personnel has a performance rating of effective or highly
956	effective under s. 1012.34.
957	(7)(6)  A school principal who fails to comply with this
958	section shall be ineligible for any portion of the performance
959	pay policy incentive and differentiated pay under s. 1012.22.
960	Section 13.  Paragraph (a) of subsection (1) and
961	subsections (3) and (5) of section 1012.33, Florida Statutes,
962	are amended to read:
963	1012.33  Contracts with instructional staff, supervisors,
964	and school principals.-
965	(1)(a)  Each person employed as a member of the
966	instructional staff in any district school system shall be
967	properly certified pursuant to s. 1012.56 or s. 1012.57 or
968	employed pursuant to s. 1012.39 and shall be entitled to and
969	shall receive a written contract as specified in this section.
970	All such contracts, except continuing contracts as specified in
971	subsection (4), shall contain provisions for dismissal during
972	the term of the contract only for just cause. Just cause
973	includes, but is not limited to, the following instances, as
974	defined by rule of the State Board of Education: immorality,
975	misconduct in office, incompetency, two consecutive annual
976	performance evaluation ratings of unsatisfactory under s.
977	1012.34, two annual performance evaluation ratings of
978	unsatisfactory within a 3-year period under s. 1012.34, three
979	consecutive annual performance evaluation ratings of needs
980	improvement or a combination of needs improvement and
981	unsatisfactory under s. 1012.34, gross insubordination, willful
982	neglect of duty, or being convicted or found guilty of, or
983	entering a plea of guilty to, regardless of adjudication of
984	guilt, any crime involving moral turpitude.
985	(3)(a)  Each district school board shall provide a
986	professional service contract as prescribed herein. Each member
987	of the instructional staff who completed the following
988	requirements prior to July 1, 1984, shall be entitled to and
989	shall be issued a continuing contract in the form prescribed by
990	rules of the state board pursuant to s. 231.36, Florida Statutes
991	(1981). Each member of the instructional staff who completes the
992	following requirements on or after July 1, 1984, shall be
993	entitled to and shall be issued a professional service contract
994	in the form prescribed by rules of the state board as provided
995	herein:
996	1.  The member must hold a professional certificate as
997	prescribed by s. 1012.56 and rules of the State Board of
998	Education.
999	2.  The member must have completed 3 years of probationary
1000	service in the district during a period not in excess of 5
1001	successive years, except for leave duly authorized and granted.
1002	3.  The member must have been recommended by the district
1003	school superintendent for such contract and reappointed by the
1004	district school board based on successful performance of duties
1005	and demonstration of professional competence.
1006	4.  For any person newly employed as a member of the
1007	instructional staff after June 30, 1997, the initial annual
1008	contract shall include a 97-day probationary period during which
1009	time the employee's contract may be terminated without cause or
1010	the employee may resign without breach of contract.
1011	(b)  The professional service contract shall be effective
1012	at the beginning of the school fiscal year following the
1013	completion of all requirements therefor.
1014	(c)  The period of service provided herein may be extended
1015	to 4 years when prescribed by the district school board and
1016	agreed to in writing by the employee at the time of
1017	reappointment.
1018	(d)  A district school board may issue a continuing
1019	contract prior to July 1, 1984, and may issue a professional
1020	service contract subsequent to July 1, 1984, to any employee who
1021	has previously held a professional service contract or
1022	continuing contract in the same or another district within this
1023	state. Any employee who holds a continuing contract may, but is
1024	not required to, exchange such continuing contract for a
1025	professional service contract in the same district.
1026	(d)(e)  A professional service contract shall be renewed
1027	each year unless:
1028	1.  The district school superintendent, after receiving the
1029	recommendations required by s. 1012.34, charges the employee
1030	with unsatisfactory performance and notifies the employee of
1031	performance deficiencies as required by s. 1012.34; or
1032	2.  The employee receives two consecutive annual
1033	performance evaluation ratings of unsatisfactory under s.
1034	1012.34, two annual performance evaluation ratings of
1035	unsatisfactory within a 3-year period under s. 1012.34, or three
1036	consecutive annual performance evaluation ratings of needs
1037	improvement or a combination of needs improvement and
1038	unsatisfactory under s. 1012.34. An employee who holds a
1039	professional service contract on July 1, 1997, is subject to the
1040	procedures set forth in paragraph (f) during the term of the
1041	existing professional service contract. The employee is subject
1042	to the procedures set forth in s. 1012.34(3)(d) upon the next
1043	renewal of the professional service contract; however, if the
1044	employee is notified of performance deficiencies before the next
1045	contract renewal date, the procedures of s. 1012.34(3)(d) do not
1046	apply until the procedures set forth in paragraph (f) have been
1047	exhausted and the professional service contract is subsequently
1048	renewed.
1049	(f)  The district school superintendent shall notify an
1050	employee who holds a professional service contract on July 1,
1051	1997, in writing, no later than 6 weeks prior to the end of the
1052	postschool conference period, of performance deficiencies which
1053	may result in termination of employment, if not corrected during
1054	the subsequent year of employment (which shall be granted for an
1055	additional year in accordance with the provisions in subsection
1056	(1)). Except as otherwise hereinafter provided, this action
1057	shall not be subject to the provisions of chapter 120, but the
1058	following procedures shall apply:
1059	1.  On receiving notice of unsatisfactory performance, the
1060	employee, on request, shall be accorded an opportunity to meet
1061	with the district school superintendent, or his or her designee,
1062	for an informal review of the determination of unsatisfactory
1063	performance.
1064	2.  An employee notified of unsatisfactory performance may
1065	request an opportunity to be considered for a transfer to
1066	another appropriate position, with a different supervising
1067	administrator, for the subsequent year of employment. If the
1068	request for the transfer is granted, the district school
1069	superintendent shall annually report to the department the total
1070	number of employees transferred pursuant to this subparagraph,
1071	where they were transferred, and what, if any, remediation was
1072	implemented to remediate the unsatisfactory performance.
1073	3.  During the subsequent year, the employee shall be
1074	provided assistance and inservice training opportunities to help
1075	correct the noted performance deficiencies. The employee shall
1076	also be evaluated periodically so that he or she will be kept
1077	apprised of progress achieved.
1078	4.  Not later than 6 weeks prior to the close of the
1079	postschool conference period of the subsequent year, the
1080	district school superintendent, after receiving and reviewing
1081	the recommendation required by s. 1012.34, shall notify the
1082	employee, in writing, whether the performance deficiencies have
1083	been corrected. If so, a new professional service contract shall
1084	be issued to the employee. If the performance deficiencies have
1085	not been corrected, the district school superintendent may
1086	notify the district school board and the employee, in writing,
1087	that the employee shall not be issued a new professional service
1088	contract; however, if the recommendation of the district school
1089	superintendent is not to issue a new professional service
1090	contract, and if the employee wishes to contest such
1091	recommendation, the employee will have 15 days from receipt of
1092	the district school superintendent's recommendation to demand,
1093	in writing, a hearing. In such hearing, the employee may raise
1094	as an issue, among other things, the sufficiency of the district
1095	school superintendent's charges of unsatisfactory performance.
1096	Such hearing shall be conducted at the district school board's
1097	election in accordance with one of the following procedures:
1098	a.  A direct hearing conducted by the district school board
1099	within 60 days of receipt of the written appeal. The hearing
1100	shall be conducted in accordance with the provisions of ss.
1101	120.569 and 120.57. A majority vote of the membership of the
1102	district school board shall be required to sustain the district
1103	school superintendent's recommendation. The determination of the
1104	district school board shall be final as to the sufficiency or
1105	insufficiency of the grounds for termination of employment; or
1106	b.  A hearing conducted by an administrative law judge
1107	assigned by the Division of Administrative Hearings of the
1108	Department of Management Services. The hearing shall be
1109	conducted within 60 days of receipt of the written appeal in
1110	accordance with chapter 120. The recommendation of the
1111	administrative law judge shall be made to the district school
1112	board. A majority vote of the membership of the district school
1113	board shall be required to sustain or change the administrative
1114	law judge's recommendation. The determination of the district
1115	school board shall be final as to the sufficiency or
1116	insufficiency of the grounds for termination of employment.
1117	(g)  Beginning July 1, 2001, for each employee who enters
1118	into a written contract, pursuant to this section, in a school
1119	district in which the employee was not employed as of June 30,
1120	2001, or was employed as of June 30, 2001, but has since broken
1121	employment with that district for 1 school year or more, for
1122	purposes of pay, a district school board must recognize and
1123	accept each year of full-time public school teaching service
1124	earned in the State of Florida for which the employee received a
1125	satisfactory performance evaluation; however, an employee may
1126	voluntarily waive this provision. Instructional personnel
1127	employed pursuant to s. 121.091(9)(b) and (c) are exempt from
1128	the provisions of this paragraph.
1129	(5)  If workforce reduction is needed, a district school
1130	board must retain employees at a school or in the school
1131	district based upon educational program needs and the
1132	performance evaluations of employees within the affected program
1133	areas. Within the program areas requiring reduction, the
1134	employee with the lowest performance evaluations must be the
1135	first to be released; the employee with the next lowest
1136	performance evaluations must be the second to be released; and
1137	reductions shall continue in like manner until the needed number
1138	of reductions has occurred. A district school board may not
1139	prioritize retention of employees based upon seniority. Should a
1140	district school board have to choose from among its personnel
1141	who are on continuing contracts or professional service
1142	contracts as to which should be retained, such decisions shall
1143	be made pursuant to the terms of a collectively bargained
1144	agreement, when one exists. If no such agreement exists, the
1145	district school board shall prescribe rules to handle reductions
1146	in workforce.
1147	Section 14.  Section 1012.52, Florida Statutes, is
1148	repealed.
1149	Section 15.  Paragraph (h) of subsection (1) of section
1150	1012.795, Florida Statutes, is amended to read:
1151	1012.795  Education Practices Commission; authority to
1152	discipline.-
1153	(1)  The Education Practices Commission may suspend the
1154	educator certificate of any person as defined in s. 1012.01(2)
1155	or (3) for up to 5 years, thereby denying that person the right
1156	to teach or otherwise be employed by a district school board or
1157	public school in any capacity requiring direct contact with
1158	students for that period of time, after which the holder may
1159	return to teaching as provided in subsection (4); may revoke the
1160	educator certificate of any person, thereby denying that person
1161	the right to teach or otherwise be employed by a district school
1162	board or public school in any capacity requiring direct contact
1163	with students for up to 10 years, with reinstatement subject to
1164	the provisions of subsection (4); may revoke permanently the
1165	educator certificate of any person thereby denying that person
1166	the right to teach or otherwise be employed by a district school
1167	board or public school in any capacity requiring direct contact
1168	with students; may suspend the educator certificate, upon an
1169	order of the court or notice by the Department of Revenue
1170	relating to the payment of child support; or may impose any
1171	other penalty provided by law, if the person:
1172	(h)  Has breached a contract, as provided in s. 1012.33(2)
1173	or s. 1012.335.
1174	Section 16.  (1)  Notwithstanding any other provision of
1175	this act, a school district that received an exemption under
1176	Florida's Race to the Top Memorandum of Understanding for Phase
1177	2, as provided in section (D)(2)(ii) of the memorandum, is
1178	allowed to base 40 percent, instead of 50 percent, of
1179	instructional personnel and school administrator performance
1180	evaluations upon student learning growth under s. 1012.34,
1181	Florida Statutes, as amended by this act. The school district is
1182	also exempt from the amendments to s. 1012.22(1)(c), Florida
1183	Statutes, made by this act. The exemptions described in this
1184	subsection are effective for the 2011-2012 school year and are
1185	effective for each school year thereafter if the school district
1186	receives annual approval by the State Board of Education.
1187	(2)  The State Board of Education shall base its approval
1188	upon demonstration by the school district of the following:
1189	(a)  The instructional personnel and school administrator
1190	evaluation systems base at least 40 percent of an employee's
1191	performance evaluation upon student performance and that student
1192	performance is the single greatest component of an employee's
1193	evaluation.
1194	(b)  The instructional personnel and school administrator
1195	evaluation systems adopt the Commissioner of Education's student
1196	learning growth formula for statewide assessments as provided
1197	under s. 1012.34(7), Florida Statutes, as created by this act.
1198	(c)  The school district's instructional personnel and
1199	school administrator compensation system awards salary increases
1200	based upon sustained student performance.
1201	(d)  The school district's contract system awards
1202	instructional personnel and school administrators based upon
1203	student performance and removes ineffective employees.
1204	(e)  Beginning with the 2014-2015 school year and each
1205	school year thereafter, student learning growth based upon
1206	performance on statewide assessments under s. 1008.22, Florida
1207	Statutes, must have significantly improved compared to student
1208	learning growth in the district in 2011-2012 and significantly
1209	improved compared to other school districts.
1210	(3)  The State Board of Education shall annually renew a
1211	school district's exemptions if the school district demonstrates
1212	that it meets the requirements of subsection (2). If the
1213	exemptions are not renewed, the school district must comply with
1214	the requirements and laws described in subsection (1) by the
1215	beginning of the next school year immediately following the loss
1216	of the exemptions.
1217	(4)  The State Board of Education shall adopt rules
1218	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1219	establish the procedures for applying for the exemptions and the
1220	criteria for renewing the exemptions.
1221
1222	This section shall be repealed August 1, 2017, unless reviewed
1223	and reenacted by the Legislature.
1224	Section 17.  Chapter 2010-279, Laws of Florida, does not
1225	apply to any rulemaking required to administer this act.
1226	Section 18.  The provisions of any special act or general
1227	law of local application relating to contracts for instructional
1228	personnel or school administrators in public schools or school
1229	districts in effect on or before the effective date of this act
1230	are repealed.
1231	Section 19.  The amendments made by this act to s. 1012.33,
1232	Florida Statutes, apply to contracts newly entered into,
1233	extended, or readopted on or after July 1, 2011, and to all
1234	contracts entered into on or after July 1, 2014.
1235	Section 20.  If any provision of this act or its
1236	application to any person or circumstance is held invalid, the
1237	invalidity does not affect other provisions or applications of
1238	the act which can be given effect without the invalid provision
1239	or application, and to this end the provisions of this act are
1240	severable.
1241	Section 21.  Except as otherwise expressly provided in this
1242	act and except for this section, which shall take effect upon
1243	this act becoming a law, this act shall take effect July 1,
1244	2011.

CODING: Words stricken are deletions; words underlined are additions.