Florida Senate - 2011                                     SB 736
       
       
       
       By Senator Wise
       
       
       
       
       5-01149A-11                                            2011736__
    1                        A bill to be entitled                      
    2         An act relating to education personnel; providing a
    3         short title; amending s. 1012.34, F.S.; revising
    4         provisions related to the evaluation of instructional
    5         personnel and school administrators; requiring that
    6         the Department of Education approve school district
    7         evaluation systems; requiring the Department of
    8         Education to collect evaluation information from
    9         school districts and to report such information to the
   10         Governor and Legislature; providing requirements for
   11         the evaluation systems; requiring that the State Board
   12         of Education adopt a formula for school districts to
   13         use in measuring growth in learning by students;
   14         conforming provisions to changes made by the act;
   15         amending s. 1008.22, F.S.; revising provisions
   16         requiring school districts to develop and implement
   17         end-of-course assessments; amending s. 1012.22, F.S.;
   18         revising the powers and duties of the district school
   19         board with respect to school district compensation and
   20         salary schedules; requiring that certain performance
   21         criteria be included in the adopted schedules;
   22         revising the differentiated pay provisions; creating
   23         s. 1012.335, F.S.; providing definitions; revising the
   24         contract requirements for instructional personnel
   25         hired on or after a certain date; requiring that the
   26         State Board of Education adopt rules defining the term
   27         “just cause”; providing guidelines for such term;
   28         amending s. 1002.33, F.S.; requiring charter schools
   29         to adopt a salary schedule for instructional personnel
   30         and school administrators which meets certain
   31         requirements; requiring charter schools to comply with
   32         requirements relating to personnel evaluation
   33         procedures and criteria and certain contracts;
   34         amending s. 1003.621, F.S.; providing additional
   35         requirements for personnel in academically high
   36         performing school districts; amending s. 1012.07,
   37         F.S.; revising the methodology for determining
   38         critical teacher shortage areas; amending s.
   39         1012.2315, F.S.; providing additional reporting
   40         requirements concerning instructional personnel and
   41         school administrator assignments; amending s. 1012.27,
   42         F.S.; revising the criteria for transfer requests by
   43         teachers; conforming provisions to changes made by the
   44         act; amending s. 1012.28, F.S.; authorizing a
   45         principal to refuse to accept the placement or
   46         transfer of instructional personnel under certain
   47         circumstances; amending s. 1012.33, F.S.; revising
   48         provisions relating to contracts with certain
   49         education personnel; requiring that a district school
   50         board’s decision to retain personnel be primarily
   51         based on the employee’s performance; repealing s.
   52         1012.52, F.S., relating to legislative intent for
   53         teacher quality; amending s. 1012.795, F.S.;
   54         conforming provisions to changes made by the act;
   55         authorizing school districts to seek an exemption from
   56         the State Board of Education from the requirement of
   57         certain laws; authorizing the State Board of Education
   58         to adopt rules; providing for the repeal of certain
   59         special acts or general laws of local application
   60         related to instructional personnel in public schools
   61         or school districts; providing an exception; providing
   62         for severability; providing for application of a
   63         specified provision of the act; providing effective
   64         dates.
   65  
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. This act may be cited as the “Race to the Top
   69  for Student Success Act.”
   70         Section 2. Effective upon this act becoming a law, section
   71  1012.34, Florida Statutes, is amended to read:
   72         1012.34 Personnel evaluation Assessment procedures and
   73  criteria.—
   74         (1) EVALUATION APPROVAL AND REPORTING.—
   75         (a) For the purpose of increasing student achievement by
   76  improving the quality of instructional, administrative, and
   77  supervisory services in the public schools of the state, the
   78  district school superintendent shall establish procedures for
   79  evaluating assessing the performance of duties and
   80  responsibilities of all instructional, administrative, and
   81  supervisory personnel employed by the school district. Each
   82  school district shall annually report to the Department of
   83  Education the evaluation results of its evaluation system for
   84  instructional personnel and school administrators.
   85         (b) The Department of Education must approve each
   86  district’s evaluation systems for its instructional personnel
   87  and school administrators instructional personnel assessment
   88  system. The Department of Education shall monitor each
   89  district’s implementation of its instructional personnel and
   90  school administrator evaluation system for compliance with this
   91  section.
   92         (c)By December 1 of each year, the Commissioner of
   93  Education shall report to the Governor, the President of the
   94  Senate, and the Speaker of the House of Representatives the
   95  approval and implementation status of each district’s evaluation
   96  system, including the aggregate performance results and findings
   97  from the monitoring process for: classroom teachers, but
   98  excluding substitute teachers; instructional personnel, as
   99  defined in s. 1012.01(2)(b)-(d); and school administrators.
  100         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
  101  must The following conditions must be considered in the design
  102  of the district’s instructional personnel assessment system:
  103         (a) The system must Be designed to support effective
  104  instruction and student achievement, and the results must be
  105  used to inform district and school level improvement plans.
  106         (b) The system must Provide appropriate instruments,
  107  procedures, and criteria for continuous quality improvement of
  108  the professional skills, and the results must be used to inform
  109  the professional development of instructional personnel and
  110  school administrators.
  111         (c) The system must Include a mechanism to examine
  112  performance data from multiple sources, which includes giving
  113  give parents an opportunity to provide input into employee
  114  performance evaluations assessments when appropriate.
  115         (d) Identify In addition to addressing generic teaching
  116  competencies, districts must determine those teaching fields for
  117  which special evaluation procedures and criteria will be
  118  developed.
  119         (e) Differentiate among at least four levels of
  120  performance, which include the following:
  121         1. Highly effective.
  122         2. Effective.
  123         3. Needs improvement or, for instructional personnel in the
  124  first 3 years of employment or in the first year of a new
  125  teaching assignment, developing.
  126         4. Unsatisfactory.
  127  
  128  The Commissioner of Education shall consult with experts and
  129  classroom teachers in developing the criteria for the
  130  performance levels. Each district school board may establish a
  131  peer assistance process. The plan may provide a mechanism for
  132  assistance of persons who are placed on performance probation as
  133  well as offer assistance to other employees who request it.
  134         (f) The district school board shall Provide for training
  135  programs that are based upon guidelines provided by the
  136  department of Education to ensure that all individuals who have
  137  with evaluation responsibilities understand the proper use of
  138  the evaluation assessment criteria and procedures.
  139         (g) Include a process for monitoring the effective and
  140  consistent use of evaluation criteria by supervisors and
  141  administrators.
  142         (h)Include a process for evaluating the effectiveness of
  143  the system itself in improving the level of instruction and
  144  learning in the district’s schools.
  145  
  146  In addition, each district school board may establish a peer
  147  assistance process. This process may be a part of the regular
  148  evaluation system or used to assist employees placed on
  149  performance probation, beginning teachers, or those who request
  150  assistance.
  151         (3) EVALUATION CRITERIA.—The evaluation assessment
  152  procedure for instructional personnel and school administrators
  153  must be primarily based on the performance of students assigned
  154  to their classrooms or schools, as provided in this section
  155  appropriate. Pursuant to this section, a school district’s
  156  performance evaluation assessment is not limited to basing
  157  unsatisfactory performance of instructional personnel and school
  158  administrators solely upon student performance, but may include
  159  other criteria approved to evaluate assess instructional
  160  personnel and school administrators’ performance, or any
  161  combination of student performance and other approved criteria.
  162  The procedures must comply with, but are not limited to, the
  163  following requirements:
  164         (a) An evaluation assessment must be conducted for each
  165  employee at least once a year, except that a first-year teacher
  166  must be evaluated at least twice in the first year of teaching.
  167  The evaluation assessment must be based upon sound educational
  168  principles and contemporary research in effective educational
  169  practices. The assessment must primarily use data and indicators
  170  of improvement in student performance assessed annually as
  171  specified in s. 1008.22 and may consider results of peer reviews
  172  in evaluating the employee’s performance. Student performance
  173  must be measured by state assessments required under s. 1008.22
  174  and by local assessments for subjects and grade levels not
  175  measured by the state assessment program. The evaluation
  176  assessment criteria must include, but need are not be limited
  177  to, indicators of that relate to the following:
  178         1. Performance of students. The evaluation must base at
  179  least 50 percent of the results on data and indicators of
  180  student learning growth assessed annually by state assessments
  181  or, for subjects and grade levels not measured by the state
  182  assessments, by district assessments as provided in s.
  183  1008.22(8). The school district must use the state-adopted
  184  measure of student growth for all courses associated with state
  185  assessments and must select comparable measures of student
  186  growth for other grades and subjects as provided in subsection
  187  (8).
  188         a. For classroom teachers, excluding substitute teachers,
  189  the student growth portion of the evaluation must include growth
  190  data, as defined in subsection (8), for students assigned to the
  191  teacher over the course of at least 3 years. If less than 3
  192  years of data are available, the school district must include
  193  the years for which data are available and may reduce the
  194  percentage of the evaluation based on student growth to not less
  195  than 40 percent.
  196         b. For instructional personnel who are not classroom
  197  teachers, the student growth portion of the evaluation must
  198  include growth data on state assessments, as defined in
  199  subsection (8), for students assigned to the instructional
  200  personnel over the course of at least 3 years, or may include a
  201  combination of growth data and other measurable student outcomes
  202  that are specific to the personnel assignment, provided that the
  203  student growth data account for not less than 30 percent of the
  204  evaluation. If less than 3 years of student growth data are
  205  available, the district must include the years for which data
  206  are available and may reduce the percentage of the evaluation
  207  based on student growth to not less than 20 percent.
  208         c. For school administrators, the student growth portion of
  209  the evaluation must include growth data, as defined in
  210  subsection (8), for students assigned to the school over the
  211  course of at least 3 years. If less than 3 years of data are
  212  available, the district must include the years for which data
  213  are available, and may reduce the percentage of the evaluation
  214  based on student growth to not less than 40 percent.
  215         2. Instructional practice. For classroom teachers, criteria
  216  must include indicators based on each of the Florida Educator
  217  Accomplished Practices adopted by the State Board of Education.
  218  For instructional personnel who are not classroom teachers,
  219  performance criteria must be based on indicators of the Florida
  220  Educator Accomplished Practices and may include specific job
  221  performance expectations related to student support.
  222         3.Instructional leadership. For school administrators,
  223  criteria must include indicators based on each of the leadership
  224  standards adopted by the State Board of Education under s.
  225  1012.986, including the following: performance measures related
  226  to the effectiveness of the instructional personnel in the
  227  school; the administrator’s appropriate use of evaluation
  228  criteria and procedures; recruitment and retention of effective
  229  and highly effective classroom teachers; improvement in the
  230  percentage of classroom teachers evaluated at the effective or
  231  highly effective level; management of human, financial, and
  232  material resources so as to maximize the share of resources used
  233  for direct instruction, as opposed to overhead or other
  234  purposes; and other leadership practices that result in improved
  235  student outcomes. The system must include a means to give
  236  parents and instructional personnel an opportunity to provide
  237  input into the administrator’s performance evaluation, when
  238  appropriate.
  239         4. Professional responsibilities. This criteria must
  240  include other professional responsibilities and employment
  241  requirements, as established by the State Board of Education and
  242  through policies of the district school board.
  243         2. Ability to maintain appropriate discipline.
  244         3. Knowledge of subject matter. The district school board
  245  shall make special provisions for evaluating teachers who are
  246  assigned to teach out-of-field.
  247         4. Ability to plan and deliver instruction and the use of
  248  technology in the classroom.
  249         5. Ability to evaluate instructional needs.
  250         6. Ability to establish and maintain a positive
  251  collaborative relationship with students’ families to increase
  252  student achievement.
  253         7. Other professional competencies, responsibilities, and
  254  requirements as established by rules of the State Board of
  255  Education and policies of the district school board.
  256         (b) All personnel must be fully informed of the criteria
  257  and procedures associated with the evaluation assessment process
  258  before the evaluation assessment takes place.
  259         (c) The individual responsible for supervising the employee
  260  must evaluate assess the employee’s performance. The school
  261  district’s evaluation system may provide for the supervisor to
  262  consider input from other trained evaluators. The evaluator must
  263  submit a written report of the evaluation assessment to the
  264  district school superintendent for the purpose of reviewing the
  265  employee’s contract. The evaluator must submit the written
  266  report to the employee no later than 10 days after the
  267  evaluation assessment takes place. The evaluator must discuss
  268  the written report of the evaluation assessment with the
  269  employee. The employee shall have the right to initiate a
  270  written response to the evaluation assessment, and the response
  271  shall become a permanent attachment to his or her personnel
  272  file.
  273         (d) A school district may amend an individual’s evaluation
  274  based upon assessment data from the current year if the data
  275  become available within 60 days after the close of the school
  276  year.
  277         (4) NOTIFICATION OF UNSATISFACTORY PERFORMANCE.—If an
  278  employee is not performing his or her duties in a satisfactory
  279  manner, the evaluator shall notify the employee in writing of
  280  such determination. The notice must describe such unsatisfactory
  281  performance and include notice of the following procedural
  282  requirements:
  283         (a)1. Upon delivery of a notice of unsatisfactory
  284  performance, the evaluator must confer with the employee, make
  285  recommendations with respect to specific areas of unsatisfactory
  286  performance, and provide assistance in helping to correct
  287  deficiencies within a prescribed period of time.
  288         (b)1.2.a. If the employee holds a professional service
  289  contract as provided in s. 1012.33, the employee shall be placed
  290  on performance probation and governed by the provisions of this
  291  section for 90 calendar days following the receipt of the notice
  292  of unsatisfactory performance to demonstrate corrective action.
  293  School holidays and school vacation periods are not counted when
  294  calculating the 90-calendar-day period. During the 90 calendar
  295  days, the employee who holds a professional service contract
  296  must be evaluated periodically and apprised of progress achieved
  297  and must be provided assistance and inservice training
  298  opportunities to help correct the noted performance
  299  deficiencies. At any time during the 90 calendar days, the
  300  employee who holds a professional service contract may request a
  301  transfer to another appropriate position with a different
  302  supervising administrator, as provided in s. 1012.33; however,
  303  if a transfer is granted, it does not extend the period for
  304  correcting performance deficiencies.
  305         2.b. Within 14 days after the close of the 90 calendar
  306  days, the evaluator must evaluate assess whether the performance
  307  deficiencies have been corrected and forward a recommendation to
  308  the district school superintendent. Within 14 days after
  309  receiving the evaluator’s recommendation, the district school
  310  superintendent must notify the employee who holds a professional
  311  service contract in writing whether the performance deficiencies
  312  have been satisfactorily corrected and whether the district
  313  school superintendent will recommend that the district school
  314  board continue or terminate his or her employment contract. If
  315  the employee wishes to contest the district school
  316  superintendent’s recommendation, the employee must, within 15
  317  days after receipt of the district school superintendent’s
  318  recommendation, submit a written request for a hearing. The
  319  hearing shall be conducted at the district school board’s
  320  election in accordance with one of the following procedures:
  321         a.(I) A direct hearing conducted by the district school
  322  board within 60 days after receipt of the written appeal. The
  323  hearing shall be conducted in accordance with the provisions of
  324  ss. 120.569 and 120.57. A majority vote of the membership of the
  325  district school board shall be required to sustain the district
  326  school superintendent’s recommendation. The determination of the
  327  district school board shall be final as to the sufficiency or
  328  insufficiency of the grounds for termination of employment; or
  329         b.(II) A hearing conducted by an administrative law judge
  330  assigned by the Division of Administrative Hearings of the
  331  Department of Management Services. The hearing shall be
  332  conducted within 60 days after receipt of the written appeal in
  333  accordance with chapter 120. The recommendation of the
  334  administrative law judge shall be made to the district school
  335  board. A majority vote of the membership of the district school
  336  board shall be required to sustain or change the administrative
  337  law judge’s recommendation. The determination of the district
  338  school board shall be final as to the sufficiency or
  339  insufficiency of the grounds for termination of employment.
  340         (5)(4)ADDITIONAL NOTIFICATIONS.—The district school
  341  superintendent shall notify the department of any instructional
  342  personnel who receive two consecutive unsatisfactory evaluations
  343  and who have been given written notice by the district that
  344  their employment is being terminated or is not being renewed or
  345  that the district school board intends to terminate, or not
  346  renew, their employment. The department shall conduct an
  347  investigation to determine whether action shall be taken against
  348  the certificateholder pursuant to s. 1012.795(1)(c).
  349         (5) The district school superintendent shall develop a
  350  mechanism for evaluating the effective use of assessment
  351  criteria and evaluation procedures by administrators who are
  352  assigned responsibility for evaluating the performance of
  353  instructional personnel. The use of the assessment and
  354  evaluation procedures shall be considered as part of the annual
  355  assessment of the administrator’s performance. The system must
  356  include a mechanism to give parents and teachers an opportunity
  357  to provide input into the administrator’s performance
  358  assessment, when appropriate.
  359         (6) LIMITATIONS.—Nothing in This section does not shall be
  360  construed to grant a probationary employee a right to continued
  361  employment beyond the term of his or her contract.
  362         (7) ANNUAL REVIEW AND REVISIONS TO THE SCHOOL DISTRICT
  363  EVALUATION SYSTEM.—The district school board shall establish a
  364  procedure for annually reviewing instructional personnel and
  365  school administrator evaluation assessment systems to determine
  366  compliance with this section. All substantial revisions to an
  367  approved system must be reviewed and approved by the district
  368  school board before being used to evaluate assess instructional
  369  personnel and school administrators. Upon request by a school
  370  district, the department shall provide assistance in developing,
  371  improving, or reviewing an evaluation assessment system.
  372         (8) MEASUREMENT OF STUDENT GROWTH IN LEARNING.—
  373         (a) By June 1, 2011, the Commissioner of Education shall
  374  adopt a formula to measure individual student growth on the
  375  Florida Comprehensive Assessment Test administered under s.
  376  1008.22(3)(c)1. The formula must take into account each
  377  student’s prior performance, grade level, and subject. In the
  378  development of the formula, the Commissioner of Education shall
  379  consider other factors, including, but not limited to, student
  380  attendance, student disciplinary records, student disabilities,
  381  and student English language proficiency. The formula may not
  382  set different expectations for student growth based on gender,
  383  race, ethnicity, or socioeconomic status. The State Board of
  384  Education shall adopt the formula into rule by October 1, 2012.
  385         (b) Beginning with the 2011-2012 school year, each district
  386  shall measure the growth in learning of each student using the
  387  commissioner-adopted student growth measure for courses
  388  associated with the FCAT. Beginning with the 2014-2015 school
  389  year, each school district shall measure the growth in learning
  390  for each student using a comparable measure of student growth
  391  for other grades and subjects for which the school district has
  392  selected appropriate student assessments under s. 1008.22(8).
  393  The Department of Education shall provide model student growth
  394  measures that school districts may adopt for this purpose.
  395         (c) A school district may request through the evaluation
  396  system approval process to use a student achievement measure
  397  rather than a growth measure for courses for which achievement
  398  is a more appropriate measure of instructional personnel
  399  performance. A school district may request to use a combination
  400  of growth and achievement.
  401         (d) A school district may request through the evaluation
  402  system approval process to include student growth demonstrated
  403  on state assessments as a percentage of the evaluation of
  404  classroom teachers who are assigned to courses not associated
  405  with state assessments, if the growth remains based upon the
  406  students assigned to the teacher and the percentage of growth
  407  for the teacher’s assigned content area, as measured by the
  408  district-selected assessment, is the greater percentage.
  409         (e) For classroom teachers of courses for which the
  410  district has not implemented appropriate assessments under s.
  411  1008.22(8) or for which the school district has not adopted a
  412  comparable measure of student growth under paragraphs (b)-(d),
  413  student growth must be measured by the growth in learning of the
  414  classroom teacher’s students on state assessments, or, for
  415  courses in which enrolled students do not take the state
  416  assessment, measurable learning targets must be established
  417  based upon the goals of the school improvement plan and approved
  418  by the school principal. A district school superintendent may
  419  assign instructional team student learning growth to
  420  instructional personnel in lieu of overall student learning
  421  growth of the school in reading and mathematics based upon the
  422  state assessment program under s. 1008.22. This paragraph
  423  expires July 1, 2015.
  424         (9)(8)RULEMAKING.—The State Board of Education shall adopt
  425  rules pursuant to ss. 120.536(1) and 120.54 which, that
  426  establish uniform procedures guidelines for the submission,
  427  review, and approval of district procedures for the annual
  428  evaluation assessment of instructional personnel and school
  429  administrators; the standards for each performance level
  430  required under subsection (2); the measurement of student growth
  431  in learning and associated implementation procedures required
  432  under subsection (8); and a process for monitoring district
  433  implementation of evaluation systems in accordance with this
  434  section and that include criteria for evaluating professional
  435  performance.
  436         Section 3. Subsection (8) of section 1008.22, Florida
  437  Statutes, is amended to read:
  438         1008.22 Student assessment program for public schools.—
  439         (8) LOCAL ASSESSMENTS.—
  440         (a) Measurement of the learning gains of students in all
  441  subjects and grade levels other than subjects and grade levels
  442  required for the state student achievement testing program is
  443  the responsibility of the school districts.
  444         (b) Beginning with the 2014-2015 school year, each school
  445  district shall administer for each course offered in the
  446  district a student assessment that measures mastery of the
  447  content, as described in the state-adopted course description,
  448  at the necessary level of rigor for the course. Such assessments
  449  may include:
  450         1. Statewide assessments under this section.
  451         2. Other standardized assessments, including nationally
  452  recognized standardized assessments.
  453         3. Industry certification examinations.
  454         4. District-developed or selected end-of-course
  455  assessments.
  456  
  457  This paragraph shall be implemented as the Commissioner of
  458  Education identifies methods to assist and support districts in
  459  the development and acquisition of assessments, as described in
  460  paragraph (c).
  461         (c) The Commissioner of Education shall identify methods to
  462  assist and support districts in the development and acquisition
  463  of assessments required under this subsection. Methods may
  464  include the development of item banks, facilitation of the
  465  sharing of developed tests among districts, and technical
  466  assistance in best professional practices of test development
  467  based on state-adopted curriculum standards, administration, and
  468  security.
  469         Section 4. Paragraphs (c) and (e) of subsection (1) of
  470  section 1012.22, Florida Statutes, are amended to read:
  471         1012.22 Public school personnel; powers and duties of the
  472  district school board.—The district school board shall:
  473         (1) Designate positions to be filled, prescribe
  474  qualifications for those positions, and provide for the
  475  appointment, compensation, promotion, suspension, and dismissal
  476  of employees as follows, subject to the requirements of this
  477  chapter:
  478         (c) Compensation and salary schedules.—
  479         1. Definitions.—As used in this paragraph, the term:
  480         a. “Salary schedule” means the schedule or schedules used
  481  to provide the base pay for district school board personnel.
  482         b. “Adjustment” means an addition to the base salary
  483  schedule which is not a bonus, but becomes part of the
  484  employee’s permanent base salary and is considered compensation
  485  under s. 121.021(22).
  486         c. “Supplement” means an annual addition to the base salary
  487  schedule for the term of the negotiated supplement as long as
  488  the employee continues his or her employment for the purpose of
  489  the supplement. A supplement does not become part of the
  490  employee’s continuing base salary but is considered compensation
  491  under s. 121.021(22).
  492         d. “Grandfathered salary schedule” means the schedule or
  493  schedules adopted by a school district before July 1, 2014.
  494         e. “Performance salary schedule” means the schedule or
  495  schedules adopted by a school district pursuant to subparagraph
  496  3.
  497         f.“Instructional personnel” means instructional personnel
  498  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  499  teachers.
  500         g. “School administrator” means school administrators as
  501  defined in s. 1012.01(3)(c).
  502         2.Grandfathered salary schedule.—The district school board
  503  shall adopt a salary schedule or salary schedules to be used as
  504  the basis for paying all school employees hired before July 1,
  505  2014. In determining the grandfathered salary schedule for
  506  instructional personnel, a district school board must base a
  507  portion of each employee’s compensation upon performance
  508  demonstrated under s. 1012.34 and shall provide differentiated
  509  pay for both instructional personnel and school administrators
  510  based upon district-determined factors, including, but not
  511  limited to, additional responsibilities, school demographics,
  512  critical shortage areas, and level of job-performance
  513  difficulties. Instructional personnel hired before July 1, 2014,
  514  shall remain on the grandfathered salary schedule for as long as
  515  the employee remains employed by the school district. However,
  516  such instructional personnel may choose, at any time, to opt
  517  into the performance salary schedule adopted under subparagraph
  518  3. Once an individual has chosen to opt into the performance
  519  salary schedule, he or she may not return to the grandfathered
  520  salary schedule.
  521         3.Performance salary schedule.—By July 1, 2014, the
  522  district school board shall adopt a performance salary schedule
  523  that provides annual salary adjustments for instructional
  524  personnel and school administrators based upon performance
  525  determined under s. 1012.34. Employees hired on or after July 1,
  526  2014, shall be compensated pursuant to the performance salary
  527  schedule once they have received appropriate evaluation for this
  528  purpose, except that an instructional employee whose evaluation
  529  uses solely student growth measures established under s.
  530  1012.34(8)(e) shall remain under the grandfathered salary
  531  schedule until his or her teaching assignment changes or the
  532  district establishes comparable measures of student learning
  533  growth, as defined under that section and rules of the State
  534  Board of Education.
  535         a.Base salary.—The base salary shall be established as
  536  follows:
  537         (I)The base salary for all instructional personnel and
  538  school administrators returning subsequent to the 2014-2015
  539  school year shall be the salary paid in the prior year,
  540  including adjustments only. The total salary and adjustments
  541  shall be prorated based upon the respective contract days for
  542  the school year.
  543         (II)Instructional personnel or school administrators new
  544  to the district, returning to the district after a break in
  545  service without an authorized leave of absence, or appointed for
  546  the first time to a position in the district in the capacity of
  547  instructional personnel or school administrators shall be placed
  548  on the performance salary schedule in accordance with the
  549  collective bargaining contract.
  550         b.Salary adjustments.—Salary adjustments for highly
  551  effective or effective performance shall be established as
  552  follows:
  553         (I)The annual salary adjustment under the performance
  554  salary schedule for an employee rated as highly effective must
  555  be greater than the highest annual salary adjustment available
  556  to an employee of the same classification through any other
  557  salary schedule adopted by the district.
  558         (II)The annual salary adjustment under the performance
  559  salary schedule for an employee rated as effective must be equal
  560  to at least 50 percent and no more than 75 percent of the annual
  561  adjustment provided for a highly effective employee of the same
  562  classification.
  563         (III)The performance salary schedule shall not provide an
  564  annual salary adjustment for employees who receive a rating
  565  other than highly effective or effective for the year.
  566         c.Salary supplements.—In addition to the schedules for
  567  salary adjustments, each school district shall provide a
  568  schedule for salary supplements that include, but are not
  569  limited to, the following:
  570         (I)Assignment to a Title-I-eligible school;
  571         (II)Assignment to a school in the bottom two categories of
  572  the school improvement system under s. 1008.33 such that the
  573  supplement remains in force for at least 1 year following
  574  improved performance in that school;
  575         (III)Certification and teaching in critical teacher
  576  shortage areas. Statewide critical teacher shortage areas shall
  577  be identified by the State Board of Education. However, the
  578  district school board may define additional areas of critical
  579  shortage within the school district and may remove areas
  580  identified by the State Board of Education that do not apply
  581  within the school district; and
  582         (IV)Assignment of additional academic responsibilities.
  583         d.Cost-of-living adjustments.—A district school board may
  584  provide a cost-of-living salary adjustment if:
  585         (I)The adjustment does not discriminate among comparable
  586  classes of employees based upon the salary schedule under which
  587  they are compensated.
  588         (II)Does not exceed 50 percent of the annual adjustment
  589  provided to instructional personnel rated as effective.
  590         e. Advanced degrees.—Beginning with instructional personnel
  591  hired on or after July 1, 2011, a district school board may not
  592  use advanced degrees in setting a salary schedule unless the
  593  advanced degree is held in the instructional personnel’s area of
  594  certification.
  595  
  596  If budget constraints in any given year limit a district school
  597  board’s ability to fully fund all adopted salary schedules, the
  598  performance salary schedule shall not be reduced, either on the
  599  basis of total cost or the value of individual awards, in a
  600  manner that is proportionally greater than reductions to any
  601  other salary schedules adopted by the district. The district
  602  school board shall adopt a salary schedule or salary schedules
  603  designed to furnish incentives for improvement in training and
  604  for continued efficient service to be used as a basis for paying
  605  all school employees and fix and authorize the compensation of
  606  school employees on the basis thereof.
  607         2. A district school board, in determining the salary
  608  schedule for instructional personnel, must base a portion of
  609  each employee’s compensation on performance demonstrated under
  610  s. 1012.34, must consider the prior teaching experience of a
  611  person who has been designated state teacher of the year by any
  612  state in the United States, and must consider prior professional
  613  experience in the field of education gained in positions in
  614  addition to district level instructional and administrative
  615  positions.
  616         3. In developing the salary schedule, the district school
  617  board shall seek input from parents, teachers, and
  618  representatives of the business community.
  619         4. Beginning with the 2007-2008 academic year, each
  620  district school board shall adopt a salary schedule with
  621  differentiated pay for both instructional personnel and school
  622  based administrators. The salary schedule is subject to
  623  negotiation as provided in chapter 447 and must allow
  624  differentiated pay based on district-determined factors,
  625  including, but not limited to, additional responsibilities,
  626  school demographics, critical shortage areas, and level of job
  627  performance difficulties.
  628         (e) Transfer and promotion.—The district school board shall
  629  act on recommendations of the district school superintendent
  630  regarding transfer and promotion of any employee. The district
  631  school board’s primary consideration in approving a promotion
  632  must be the individual’s demonstrated effectiveness under s.
  633  1012.34.
  634         Section 5. Section 1012.335, Florida Statutes, is created
  635  to read:
  636         1012.335Contracts with instructional personnel hired on or
  637  after July 1, 2011.—
  638         (1) DEFINITIONS.—For purposes of this section, the term:
  639         (a) “Instructional personnel means those personnel defined
  640  in s. 1012.01(2)(a)-(d), excluding substitute teachers.
  641         (b) “Probationary contract” means an employment contract
  642  for a period of 1 school year awarded to instructional personnel
  643  upon initial employment in a school district. Probationary
  644  contract employees may be dismissed without cause or may resign
  645  without breach of contract.
  646         (c)“Annual contract” means an employment contract for a
  647  period of no longer than 1 school year which the district school
  648  board may choose to award or not award without cause.
  649         (2) EMPLOYMENT.—
  650         (a) Beginning July 1, 2011, each individual newly hired as
  651  instructional personnel by a Florida school district shall be
  652  employed based upon the requirements of this section.
  653         (b) The district school board may issue an annual contract
  654  to instructional personnel who have successfully completed the
  655  probationary contract or may award an additional annual contract
  656  if the individual:
  657         1. Holds a professional certificate or temporary
  658  certificate issued pursuant to s. 1012.56 and rules of the State
  659  Board of Education.
  660         2. Has been recommended by the district school
  661  superintendent for the annual contract based upon the
  662  individual’s evaluation, as determined under s. 1012.34, and
  663  approved by the district school board.
  664         3.Has not received two consecutive unsatisfactory
  665  evaluations under s. 1012.34, two unsatisfactory evaluations
  666  within a 3-year period under s. 1012.34, or three evaluations of
  667  needs improvement within any 5-year period under s. 1012.34.
  668         (3) VIOLATION OF ANNUAL CONTRACT.—Instructional personnel
  669  who accept an offer in writing from the district school board
  670  and who leave their position without prior release from the
  671  district school board are subject to the jurisdiction of the
  672  Education Practices Commission.
  673         (4) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
  674  CONTRACT.—Instructional personnel who have an annual contract
  675  may be suspended or dismissed at any time during the term of the
  676  contract for just cause as provided in subsection (5). The
  677  district school board must notify the instructional personnel in
  678  writing whenever charges are made against the instructional
  679  personnel, and the district school board may suspend him or her
  680  without pay. However, if the charges are not sustained, the
  681  instructional personnel shall be immediately reinstated and his
  682  or her back pay shall be paid. In order to contest the charges,
  683  the instructional personnel must, within 15 days after receipt
  684  of the written notice, submit a written request for a hearing to
  685  the district school board. The district school board or a
  686  subcommittee thereof shall conduct a direct hearing within 60
  687  days after receipt of the written appeal. The hearing shall be
  688  conducted in accordance with ss. 120.569 and 120.57. A majority
  689  vote of the membership of the district school board is required
  690  to sustain the superintendent’s recommendation. The district
  691  school board’s determination is final as to the sufficiency or
  692  insufficiency of the grounds for suspension without pay or
  693  dismissal. Any decision that is adverse to the instructional
  694  personnel may be appealed by the instructional personnel
  695  pursuant to s. 120.68 if the appeal is filed within 30 days
  696  after the decision of the district school board.
  697         (5) JUST CAUSE.—The State Board of Education shall adopt
  698  rules pursuant to ss. 120.536(1) and 120.54 to define the term
  699  “just cause.” Just cause includes, but is not limited to:
  700         (a) Immorality.
  701         (b) Misconduct in office.
  702         (c) Incompetency.
  703         (d) Gross insubordination.
  704         (e) Willful neglect of duty.
  705         (f) Being convicted or found guilty of, or entering a plea
  706  of guilty to, regardless of adjudication of guilt, any crime
  707  involving moral turpitude.
  708         (g) Unsatisfactory performance, as described in s. 1012.34.
  709         Section 6. Paragraph (b) of subsection (16) of section
  710  1002.33, Florida Statutes, is amended to read:
  711         1002.33 Charter schools.—
  712         (16) EXEMPTION FROM STATUTES.—
  713         (b) Additionally, a charter school shall be in compliance
  714  with the following statutes:
  715         1. Section 286.011, relating to public meetings and
  716  records, public inspection, and criminal and civil penalties.
  717         2. Chapter 119, relating to public records.
  718         3. Section 1003.03, relating to the maximum class size,
  719  except that the calculation for compliance pursuant to s.
  720  1003.03 shall be the average at the school level.
  721         4.Section 1012.22(1)(c), relating to compensation and
  722  salary schedules.
  723         5.Section 1012.33(5), relating to workforce reductions.
  724         6.Section 1012.335, relating to contracts with
  725  instructional personnel hired on or after July 1, 2011.
  726         7.Section 1012.34, relating to performance evaluations for
  727  instructional personnel and school administrators.
  728         Section 7. Paragraph (h) of subsection (2) of section
  729  1003.621, Florida Statutes, is amended to read:
  730         1003.621 Academically high-performing school districts.—It
  731  is the intent of the Legislature to recognize and reward school
  732  districts that demonstrate the ability to consistently maintain
  733  or improve their high-performing status. The purpose of this
  734  section is to provide high-performing school districts with
  735  flexibility in meeting the specific requirements in statute and
  736  rules of the State Board of Education.
  737         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  738  high-performing school district shall comply with all of the
  739  provisions in chapters 1000-1013, and rules of the State Board
  740  of Education which implement these provisions, pertaining to the
  741  following:
  742         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  743  differentiated compensation and salary schedules and public
  744  school personnel, respectively; s. 1012.34, relating to
  745  personnel evaluation procedures and criteria; and ss. 1012.33
  746  and 1012.335, relating to contracts with instructional
  747  personnel, staff, supervisors, and school administrators pay and
  748  performance-pay policies for school administrators and
  749  instructional personnel. Professional service contracts are
  750  subject to the provisions of ss. 1012.33 and 1012.34.
  751         Section 8. Section 1012.07, Florida Statutes, is amended to
  752  read:
  753         1012.07 Identification of critical teacher shortage areas.—
  754         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  755  “critical teacher shortage area” means high-need content areas
  756  applies to mathematics, science, career education, and high
  757  priority high priority location areas identified by. the State
  758  Board of Education may identify career education programs having
  759  critical teacher shortages. The State Board of Education shall
  760  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  761  annually identify other critical teacher shortage areas and high
  762  priority location areas. The state board must shall also
  763  consider current and emerging educational requirements and
  764  workforce demands teacher characteristics such as ethnic
  765  background, race, and sex in determining critical teacher
  766  shortage areas. School grade levels may also be designated
  767  critical teacher shortage areas. Individual district school
  768  boards may identify and submit other critical teacher shortage
  769  areas. Such submissions shortages must be aligned to current and
  770  emerging educational requirements and workforce demands in order
  771  to be certified to and approved by the State Board of Education.
  772  High priority location areas shall be in high-density, low
  773  economic urban schools, and low-density, low-economic rural
  774  schools, and schools identified as lowest performing under s.
  775  1008.33(4)(b) shall include schools which meet criteria which
  776  include, but are not limited to, the percentage of free lunches,
  777  the percentage of students under Chapter I of the Education
  778  Consolidation and Improvement Act of 1981, and the faculty
  779  attrition rate.
  780         (2) This section shall be implemented only to the extent as
  781  specifically funded and authorized by law.
  782         Section 9. Subsection (5) of section 1012.2315, Florida
  783  Statutes, is amended to read:
  784         1012.2315 Assignment of teachers.—
  785         (5) REPORTS REPORT.—
  786         (a) The Department of Education shall annually report the
  787  percentage of classroom teachers and school administrators by
  788  district and by school based on performance ratings reported by
  789  each school district under s. 1012.34. The data must be reported
  790  via the department’s website in a manner that is accessible by
  791  the public.
  792         (b) Each school district shall annually report to the
  793  parent of any student who is assigned to a classroom teacher or
  794  school administrator having a performance rating of
  795  “unsatisfactory,” “needs improvement,” or a combination of
  796  “unsatisfactory” or “needs improvement” for 3 consecutive years
  797  or more. Schools graded “D” or “F” shall annually report their
  798  teacher-retention rate. Included in this report shall be reasons
  799  listed for leaving by each teacher who left the school for any
  800  reason.
  801         Section 10. Subsections (1) and (2) of section 1012.27,
  802  Florida Statutes, are amended to read:
  803         1012.27 Public school personnel; powers and duties of
  804  district school superintendent.—The district school
  805  superintendent is responsible for directing the work of the
  806  personnel, subject to the requirements of this chapter, and in
  807  addition the district school superintendent shall perform the
  808  following:
  809         (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
  810         (a) Recommend to the district school board duties and
  811  responsibilities which need to be performed and positions which
  812  need to be filled to make possible the development of an
  813  adequate school program in the district.
  814         (b) Recommend minimum qualifications of personnel for these
  815  various positions, and nominate in writing persons to fill such
  816  positions.
  817  
  818  The district school superintendent’s recommendations for filling
  819  instructional positions at the school level must consider
  820  nominations received from school principals of the respective
  821  schools. Before transferring a teacher who holds a professional
  822  teaching certificate from one school to another, including a
  823  transfer requested under s. 1012.33, the district school
  824  superintendent shall consult with the principal of the receiving
  825  school and allow the principal to review the teacher’s records,
  826  including student performance demonstrated under s. 1012.34, and
  827  interview the teacher. If, in the judgment of the principal,
  828  students would not benefit from the placement, an alternative
  829  placement may be sought. A principal may refuse the placement in
  830  accordance with s. 1012.28(6).
  831         (2) COMPENSATION AND SALARY SCHEDULES.—Prepare and
  832  recommend to the district school board for adoption a salary
  833  schedule or salary schedules in accordance with s. 1012.22. The
  834  district school superintendent must recommend a salary schedule
  835  for instructional personnel which bases a portion of each
  836  employee’s compensation on performance demonstrated under s.
  837  1012.34. In developing the recommended salary schedule, the
  838  district school superintendent shall include input from parents,
  839  teachers, and representatives of the business community.
  840  Beginning with the 2007-2008 academic year, the recommended
  841  salary schedule for classroom teachers shall be consistent with
  842  the district’s differentiated-pay policy based upon s. 1012.22.
  843         Section 11. Present subsection (6) of section 1012.28,
  844  Florida Statutes, is renumbered as subsection (7), and a new
  845  subsection (6) is added to that section, to read:
  846         1012.28 Public school personnel; duties of school
  847  principals.—
  848         (6) A principal may refuse to accept the placement or
  849  transfer of instructional personnel by the district school
  850  superintendent to his or her school unless the instructional
  851  personnel has a performance rating of “effective” or “highly
  852  effective” under s. 1012.34.
  853         Section 12. Paragraph (a) of subsection (1), paragraphs (a)
  854  and (f) of subsection (3), and subsection (5) of section
  855  1012.33, Florida Statutes, are amended to read:
  856         1012.33 Contracts with instructional staff, supervisors,
  857  and school principals.—
  858         (1)(a) Each person employed as a member of the
  859  instructional staff in any district school system shall be
  860  properly certified pursuant to s. 1012.56 or s. 1012.57 or
  861  employed pursuant to s. 1012.39 and shall be entitled to and
  862  shall receive a written contract as specified in this section.
  863  All such contracts, except continuing contracts as specified in
  864  subsection (4), shall contain provisions for dismissal during
  865  the term of the contract only for just cause. Just cause
  866  includes, but is not limited to, the following instances, as
  867  defined by rule of the State Board of Education: immorality,
  868  misconduct in office, incompetency, two consecutive annual
  869  performance ratings of “unsatisfactory” under s. 1012.34, gross
  870  insubordination, willful neglect of duty, or being convicted or
  871  found guilty of, or entering a plea of guilty to, regardless of
  872  adjudication of guilt, any crime involving moral turpitude.
  873         (3)(a) Each district school board shall provide a
  874  professional service contract as prescribed herein. Each member
  875  of the instructional staff who completed the following
  876  requirements prior to July 1, 1984, shall be entitled to and
  877  shall be issued a continuing contract in the form prescribed by
  878  rules of the state board pursuant to s. 231.36, Florida Statutes
  879  (1981). Each member of the instructional staff who completes the
  880  following requirements on or after July 1, 1984, shall be
  881  entitled to and shall be issued a professional service contract
  882  in the form prescribed by rules of the state board as provided
  883  herein:
  884         1. The member must hold a professional certificate as
  885  prescribed by s. 1012.56 and rules of the State Board of
  886  Education.
  887         2. The member must have completed 3 years of probationary
  888  service in the district during a period not in excess of 5
  889  successive years, except for leave duly authorized and granted.
  890         3. The member must have been recommended by the district
  891  school superintendent for such contract and reappointed by the
  892  district school board based on effective or highly effective
  893  successful performance demonstrated under s. 1012.34 of duties
  894  and demonstration of professional competence.
  895         4. For any person newly employed as a member of the
  896  instructional staff after June 30, 1997, the initial annual
  897  contract shall include a 97-day probationary period during which
  898  time the employee’s contract may be terminated without cause or
  899  the employee may resign without breach of contract.
  900         (f) The district school superintendent shall notify an
  901  employee who holds a professional service contract on July 1,
  902  1997, in writing, no later than 6 weeks prior to the end of the
  903  evaluation postschool conference period, of performance
  904  deficiencies which may result in termination of employment, if
  905  not corrected during the subsequent evaluation period year of
  906  employment (which shall be granted for an additional year in
  907  accordance with the provisions in subsection (1)). Except as
  908  otherwise hereinafter provided, this action shall not be subject
  909  to the provisions of chapter 120, but the following procedures
  910  shall apply:
  911         1. On receiving notice of unsatisfactory performance, the
  912  employee, on request, shall be accorded an opportunity to meet
  913  with the district school superintendent, or his or her designee,
  914  for an informal review of the determination of unsatisfactory
  915  performance.
  916         2. An employee notified of unsatisfactory performance may
  917  request an opportunity to be considered for a transfer to
  918  another appropriate position, with a different supervising
  919  administrator, for the subsequent year of employment. If the
  920  request for the transfer is granted and is consistent with s.
  921  1012.28(6), the district school superintendent shall annually
  922  report to the department the total number of employees
  923  transferred pursuant to this subparagraph, where they were
  924  transferred, and the annual performance level of the employee as
  925  determined under s. 1012.34 what, if any, remediation was
  926  implemented to remediate the unsatisfactory performance.
  927         3. During the subsequent evaluation period year, the
  928  employee shall be provided assistance and inservice training
  929  opportunities to help correct the noted performance
  930  deficiencies. The employee shall also be evaluated periodically
  931  so that he or she will be kept apprised of progress achieved.
  932         4. Not later than 6 weeks prior to the close of the
  933  postschool conference period of the subsequent year, the
  934  district school superintendent, after receiving and reviewing
  935  the recommendation required by s. 1012.34, shall notify the
  936  employee, in writing, whether the performance deficiencies have
  937  been corrected. If so, a new professional service contract shall
  938  be issued to the employee. If the performance deficiencies have
  939  not been corrected, the district school superintendent may
  940  notify the district school board and the employee, in writing,
  941  that the employee shall not be issued a new professional service
  942  contract; however, if the recommendation of the district school
  943  superintendent is not to issue a new professional service
  944  contract, and if the employee wishes to contest such
  945  recommendation, the employee will have 15 days from receipt of
  946  the district school superintendent’s recommendation to demand,
  947  in writing, a hearing. In such hearing, the employee may raise
  948  as an issue, among other things, the sufficiency of the district
  949  school superintendent’s charges of unsatisfactory performance.
  950  Such hearing shall be conducted at the district school board’s
  951  election in accordance with one of the following procedures:
  952         a. A direct hearing conducted by the district school board
  953  within 60 days of receipt of the written appeal. The hearing
  954  shall be conducted in accordance with the provisions of ss.
  955  120.569 and 120.57. A majority vote of the membership of the
  956  district school board shall be required to sustain the district
  957  school superintendent’s recommendation. The determination of the
  958  district school board shall be final as to the sufficiency or
  959  insufficiency of the grounds for termination of employment; or
  960         b. A hearing conducted by an administrative law judge
  961  assigned by the Division of Administrative Hearings of the
  962  Department of Management Services. The hearing shall be
  963  conducted within 60 days of receipt of the written appeal in
  964  accordance with chapter 120. The recommendation of the
  965  administrative law judge shall be made to the district school
  966  board. A majority vote of the membership of the district school
  967  board shall be required to sustain or change the administrative
  968  law judge’s recommendation. The determination of the district
  969  school board shall be final as to the sufficiency or
  970  insufficiency of the grounds for termination of employment.
  971         (5) If Should a district school board has have to choose
  972  from among its personnel who are on continuing contracts or
  973  professional service contracts as to which should be retained at
  974  a school or in the school district, such decisions shall be
  975  based upon the performance evaluation under s. 1012.34, with
  976  primary consideration given to those personnel within the
  977  affected area whose students’ growth in learning is greater made
  978  pursuant to the terms of a collectively bargained agreement,
  979  when one exists. If no such agreement exists, the district
  980  school board shall prescribe rules to handle reductions in
  981  workforce.
  982         Section 13. Section 1012.52, Florida Statutes, is repealed.
  983         Section 14. Paragraph (h) of subsection (1) of section
  984  1012.795, Florida Statutes, is amended to read:
  985         1012.795 Education Practices Commission; authority to
  986  discipline.—
  987         (1) The Education Practices Commission may suspend the
  988  educator certificate of any person as defined in s. 1012.01(2)
  989  or (3) for up to 5 years, thereby denying that person the right
  990  to teach or otherwise be employed by a district school board or
  991  public school in any capacity requiring direct contact with
  992  students for that period of time, after which the holder may
  993  return to teaching as provided in subsection (4); may revoke the
  994  educator certificate of any person, thereby denying that person
  995  the right to teach or otherwise be employed by a district school
  996  board or public school in any capacity requiring direct contact
  997  with students for up to 10 years, with reinstatement subject to
  998  the provisions of subsection (4); may revoke permanently the
  999  educator certificate of any person thereby denying that person
 1000  the right to teach or otherwise be employed by a district school
 1001  board or public school in any capacity requiring direct contact
 1002  with students; may suspend the educator certificate, upon an
 1003  order of the court or notice by the Department of Revenue
 1004  relating to the payment of child support; or may impose any
 1005  other penalty provided by law, if the person:
 1006         (h) Has breached a contract, as provided in s. 1012.33(2)
 1007  or s. 1012.335.
 1008         Section 15. (1)Any school district that receives a grant
 1009  of at least $75 million from a private foundation for the
 1010  purpose of improving the effectiveness of teachers within the
 1011  school district may seek an annual exemption from the State
 1012  Board of Education from requirements of the amendments made by
 1013  this act to ss. 1012.22 and 1012.34, Florida Statutes.
 1014         (2) In order to receive approval from the State Board of
 1015  Education for an exemption under this section, a school district
 1016  must demonstrate to the State Board of Education that it is
 1017  implementing the following:
 1018         (a) A teacher appraisal system that uses student
 1019  performance as the single greatest component of the teacher’s
 1020  evaluation.
 1021         (b) A teacher compensation system that awards salary
 1022  increases based on sustained student performance.
 1023         (c) A teacher contract system that awards contracts based
 1024  on student performance.
 1025         (3) The State Board of Education shall annually renew a
 1026  school district’s exemption if the school district provides a
 1027  progress report that demonstrates that the school district
 1028  continues to meet the requirements of subsection (2).
 1029         (4) The State Board of Education shall adopt rules pursuant
 1030  to ss. 120.536(1) and 120.54, Florida Statutes, to establish the
 1031  procedures for applying for an exemption under this section.
 1032         Section 16. The provisions of any special act or general
 1033  law of local application relating to contracts for instructional
 1034  personnel in public schools or school districts in effect on or
 1035  before the effective date of this act are repealed, with the
 1036  exception of chapter 75-384, Laws of Florida.
 1037         Section 17. If any provision of this act or its application
 1038  to any person or circumstance is held invalid, the invalidity
 1039  does not affect other provisions or applications of the act
 1040  which can be given effect without the invalid provision or
 1041  application, and to this end the provisions of this act are
 1042  severable.
 1043         Section 18. The amendments made by this act to s. 1012.33,
 1044  Florida Statutes, apply to contracts newly entered into,
 1045  extended, or readopted on or after July 1, 2011, and to all
 1046  contracts entered into on or after July 1, 2014.
 1047         Section 19. Except as otherwise expressly provided in this
 1048  act and except for this section, which shall take effect upon
 1049  this act becoming a law, this act shall take effect July 1,
 1050  2011.