CS for CS for SB 1718                            First Engrossed
       
       
       
       
       
       
       
       
       20121718e1
       
    1                        A bill to be entitled                      
    2         An act relating to parent empowerment in education;
    3         amending s. 1001.10, F.S.; conforming a cross
    4         reference; amending s. 1002.20, F.S.; authorizing
    5         parents of students who are assigned to certain
    6         underperforming public schools to submit a petition to
    7         the school district requesting implementation of a
    8         school turnaround option; requiring a school district,
    9         upon request, to provide a parent with a performance
   10         evaluation for each classroom teacher assigned to his
   11         or her child; requiring notification to the parent of
   12         each student who is assigned to a classroom teacher
   13         who is teaching out-of-field or who has received
   14         unsatisfactory performance evaluations; requiring such
   15         notification to include information about the
   16         availability of virtual instruction; amending s.
   17         1002.32, F.S.; correcting a cross-reference; amending
   18         s. 1002.33, F.S.; prohibiting a charter school
   19         operator from being a foreign national principal, from
   20         having officers or partners who are not citizens of
   21         the United States and who are not lawfully admitted
   22         for permanent residence, or from being registered in a
   23         foreign country; requiring charter schools to be in
   24         compliance with statutes relating to notifications and
   25         assignment of teachers; creating s. 1003.07, F.S., the
   26         Parent Empowerment Act; requiring each school district
   27         to notify parents of students attending a lowest
   28         performing school that has been unable to improve
   29         performance and must implement a school turnaround
   30         option; authorizing parents to submit a petition
   31         requesting implementation of an available school
   32         turnaround option; providing requirements for
   33         submission of a petition and its consideration and
   34         adoption by the district school board; requiring the
   35         State Board of Education to adopt rules for the
   36         petition process and specifying requirements therefor;
   37         amending s. 1008.33, F.S.; identifying the options for
   38         improving a school identified in the lowest-performing
   39         category as school turnaround options; authorizing
   40         parents to submit a petition to the school district to
   41         implement a school turnaround option; amending s.
   42         1012.2315, F.S.; requiring that each district school
   43         board adopt rules to implement an assistance plan for
   44         out-of-field classroom teachers and requiring their
   45         participation in certain programs; requiring that the
   46         school district annually notify the parent of each
   47         student assigned to an out-of-field classroom teacher
   48         or a classroom teacher who has received unsatisfactory
   49         performance evaluations; requiring such notification
   50         to include information about the availability of
   51         virtual instruction; requiring that a school district,
   52         upon request, provide a parent with the performance
   53         evaluation of each classroom teacher assigned to his
   54         or her child; prohibiting the consecutive assignment
   55         of students to classroom teachers who receive certain
   56         performance evaluations; providing for conditions for
   57         implementation of the act; repealing s. 1012.42, F.S.,
   58         relating to teachers teaching out-of-field; providing
   59         an effective date.
   60  
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (3) of section 1001.10, Florida
   64  Statutes, is amended to read:
   65         1001.10 Commissioner of Education; general powers and
   66  duties.—
   67         (3) To facilitate innovative practices and to allow local
   68  selection of educational methods, the State Board of Education
   69  may authorize the commissioner to waive, upon the request of a
   70  district school board, state board of Education rules that
   71  relate to district school instruction and school operations,
   72  except those rules pertaining to civil rights, and student
   73  health, safety, and welfare. The Commissioner of Education is
   74  not authorized to grant waivers for any provisions in rule
   75  pertaining to the allocation and appropriation of state and
   76  local funds for public education; the election, compensation,
   77  and organization of school board members and superintendents;
   78  graduation and state accountability standards; financial
   79  reporting requirements; reporting of out-of-field teaching
   80  assignments under s. 1012.2315(5) 1012.42; public meetings;
   81  public records; or due process hearings governed by chapter 120.
   82  No later than January 1 of each year, the commissioner shall
   83  report to the Legislature and the State Board of Education all
   84  approved waiver requests in the preceding year.
   85         Section 2. Paragraph (d) is added to subsection (21) of
   86  section 1002.20, Florida Statutes, and subsections (24) and (25)
   87  are added to that section, to read:
   88         1002.20 K-12 student and parent rights.—Parents of public
   89  school students must receive accurate and timely information
   90  regarding their child’s academic progress and must be informed
   91  of ways they can help their child to succeed in school. K-12
   92  students and their parents are afforded numerous statutory
   93  rights including, but not limited to, the following:
   94         (21) PARENTAL INPUT AND MEETINGS.—
   95         (d) Parent empowerment.—Parents of students who are
   96  assigned to a public school that is required to implement a
   97  school turnaround option under s. 1008.33 may submit a petition
   98  to the school district requesting implementation of a school
   99  turnaround option pursuant to s. 1003.07.
  100         (24) PERSONNEL EVALUATION REPORTS.—Upon request by the
  101  parent of a public school student, the school district must
  102  provide the parent with the performance evaluation for each
  103  classroom teacher assigned to his or her child, pursuant to s.
  104  1012.31.
  105         (25) ASSIGNMENT TO TEACHERS.—
  106         (a) Out-of-field classroom teachers.—Each school district
  107  shall annually notify the parent of each public school student
  108  assigned to a classroom teacher who is teaching out-of-field
  109  regarding such assignment. The notification must inform the
  110  parent that virtual instruction from a certified in-field
  111  teacher with an annual performance evaluation rating of
  112  effective or highly effective is available pursuant to s.
  113  1012.2315(5).
  114         (b) Underperforming classroom teachers.—When a student is
  115  assigned to a classroom teacher who has received two consecutive
  116  annual performance evaluation ratings of unsatisfactory, two
  117  annual performance evaluation ratings of unsatisfactory within a
  118  3-year period, or three consecutive annual performance
  119  evaluation ratings of needs improvement or a combination of
  120  needs improvement and unsatisfactory under s. 1012.34, the
  121  school district shall notify the parent regarding the
  122  performance evaluation rating of the classroom teacher. The
  123  notification must inform the parent that virtual instruction
  124  from a teacher with an annual performance evaluation rating of
  125  effective or highly effective is available pursuant to s.
  126  1012.2315(7).
  127         Section 3. Paragraph (c) of subsection (7) of section
  128  1002.32, Florida Statutes, is amended to read:
  129         1002.32 Developmental research (laboratory) schools.—
  130         (7) PERSONNEL.—
  131         (c) Lab school faculty members shall meet the certification
  132  requirements of s. ss. 1012.32 and 1012.42.
  133         Section 4. Paragraph (q) is added to subsection (9) of
  134  section 1002.33, Florida Statutes, and paragraph (b) of
  135  subsection (16) of that section is amended to read:
  136         1002.33 Charter schools.—
  137         (9) CHARTER SCHOOL REQUIREMENTS.—
  138         (q) A charter school operator may not be a foreign national
  139  principal as defined in 22 U.S.C. s. 611(b), have officers or
  140  partners who are not citizens of the United States and who are
  141  not lawfully admitted for permanent residence as defined in 8
  142  U.S.C. s. 1101(a)(20), or be registered in a foreign country.
  143         (16) EXEMPTION FROM STATUTES.—
  144         (b) Additionally, a charter school shall be in compliance
  145  with the following statutes:
  146         1. Section 286.011, relating to public meetings and
  147  records, public inspection, and criminal and civil penalties.
  148         2. Chapter 119, relating to public records.
  149         3. Section 1003.03, relating to the maximum class size,
  150  except that the calculation for compliance pursuant to s.
  151  1003.03 shall be the average at the school level.
  152         4. Section 1012.22(1)(c), relating to compensation and
  153  salary schedules.
  154         5. Section 1012.33(5), relating to workforce reductions.
  155         6. Section 1012.335, relating to contracts with
  156  instructional personnel hired on or after July 1, 2011.
  157         7. Section 1012.34, relating to the substantive
  158  requirements for performance evaluations for instructional
  159  personnel and school administrators.
  160         8. Section 1012.2315(5) and (7), relating to notifications
  161  and assignment of teachers.
  162         Section 5. Section 1003.07, Florida Statutes, is created to
  163  read:
  164         1003.07 Parent empowerment.—
  165         (1) This section may be cited as the “Parent Empowerment
  166  Act.”
  167         (2) Each school district must provide written notification
  168  to the parents of eligible students, as defined in paragraph
  169  (3)(b), and the school advisory council when a public school has
  170  been unable to improve performance and must implement a school
  171  turnaround option as required under s. 1008.33. The written
  172  notification shall inform parents that they may, by petition,
  173  request implementation of a school turnaround option by the
  174  school in the following school year. The notification shall be
  175  provided to parents within 30 calendar days after the school
  176  district receives notice from the Department of Education that
  177  the school must implement a school turnaround option. The
  178  notification by the school district shall include:
  179         (a) A description of each school turnaround option
  180  available for selection under s. 1008.33;
  181         (b) A description of the process for implementing school
  182  turnaround options, including the date by which the school
  183  district must submit its implementation plan to the State Board
  184  of Education;
  185         (c) The date and location for submission of the petition;
  186         (d) The date and location of the publicly noticed district
  187  school board meeting required under paragraph (4)(a) at which
  188  the school board will consider any school turnaround option,
  189  including a parent petition; and
  190         (e) School district contact information for questions.
  191         (3)(a) Prior to the school district’s selection and
  192  implementation of a school turnaround option for the following
  193  school year, parents may submit a petition selecting an
  194  available school turnaround option, as described pursuant to
  195  paragraph (2)(a), for consideration by the district school
  196  board.
  197         (b) Up to one parental vote per eligible student may be
  198  counted with respect to parent signatures on the petition. An
  199  eligible student is a student enrolled in the school in which
  200  the school turnaround option will be implemented and, according
  201  to the district school board’s enrollment policies, the student
  202  is scheduled the following school year for assignment to that
  203  school. A student who is graduating or being promoted out of the
  204  current school that is eligible for turnaround and who will not
  205  be enrolled in the school the following school year is not
  206  considered an eligible student.
  207         1. A parental vote is the signature of one parent unless
  208  the other parent objects in writing to the petition vote, in
  209  which case the parental vote counts for one-half per eligible
  210  student. The objection must be made before the date the petition
  211  is to be submitted pursuant to subsection (2).
  212         2. Notwithstanding subparagraph 1., a parental vote is the
  213  signature of the parent who has been assigned sole parental
  214  responsibility or ultimate responsibility for education
  215  decisions pursuant to s. 61.13.
  216         (c) A parent must date each petition on the day it is
  217  signed and identify each eligible student on the petition. The
  218  parent’s signature shall constitute a certification that the
  219  parent has a present intention to enroll each eligible student
  220  in the school if the school turnaround option identified on the
  221  petition is selected. A parent may sign the petition prior to
  222  the initial notification provided to the parents of eligible
  223  students pursuant to subsection (2).
  224         (d) The school district shall verify at least a majority of
  225  the signatures on the petition using existing student enrollment
  226  documentation or other records containing parent signatures.
  227  However, a notarized signature of a person who is a parent of an
  228  eligible student shall be treated as valid.
  229         (e) A signature gatherer may not be paid per signature and,
  230  if asked, must disclose the organization he or she represents. A
  231  for-profit corporation, business, or entity is prohibited from
  232  gathering signatures and paying others to gather signatures.
  233         (f) A signature gatherer may not offer monetary
  234  compensation, rewards, or promise of employment to parents for
  235  signing a petition.
  236         (4)(a) The school turnaround option selected by parents
  237  must be considered for implementation by the district school
  238  board at a publicly noticed school board meeting if the petition
  239  is signed and dated by a majority of the parents of eligible
  240  students. A majority is more than one-half of the parents who
  241  are eligible to sign the petition pursuant to paragraph (3)(b).
  242  If petitions for more than one school turnaround option are
  243  signed by a majority of the parents, the petition having the
  244  most such signatures shall be deemed the official turnaround
  245  option selected by parents.
  246         (b) The district school board may adopt the school
  247  turnaround option selected by parents or a different school
  248  turnaround option selected by the school board. If the district
  249  school board does not adopt the school turnaround option
  250  selected by parents, it must include that option with the
  251  implementation plan submitted to the State Board of Education
  252  under s. 1008.33. If the state board determines that the school
  253  turnaround option selected by parents is more likely to improve
  254  the academic performance of students at the school, it shall
  255  return the district school board’s implementation plan to the
  256  school board. The district school board shall submit to the
  257  state board an implementation plan for the school turnaround
  258  option selected by parents.
  259         (5) The State Board of Education shall adopt rules to
  260  establish a model petition format, the petition submission
  261  process, standards for verifying signatures, and timelines for
  262  district school board validation and consideration of a petition
  263  at a publicly noticed meeting. The rules must provide a sample
  264  petition form for each school turnaround option available for
  265  selection under s. 1008.33 with easy-to-understand instructions.
  266  Each petition form shall clearly identify only one school
  267  turnaround option on the front page of the petition and each
  268  page thereafter. The petition forms must be provided or made
  269  easily accessible to parents at the time of notification by the
  270  school district pursuant to subsection (2). The rules shall
  271  provide for the following:
  272         (a) A minimum of 30 days after initial notification,
  273  pursuant to subsection (2), must be provided for the parents of
  274  eligible students to gather petition signatures.
  275         (b) A maximum of 30 days after the date the petition is
  276  submitted must be provided for the school district to verify the
  277  signatures.
  278         (c) A minimum of 30 days must be provided between the
  279  submission of a petition and the district school board meeting
  280  to consider the petition.
  281         (d) A submitted petition may list only one school
  282  turnaround option identified in s. 1008.33 that is not currently
  283  being implemented at the school.
  284         (e) A parent may sign a petition for each school turnaround
  285  option.
  286         (f) A school district may not reject a parent signature on
  287  a petition based on a lack of conformity to signatures in school
  288  records if the parent’s identity and signature can be easily
  289  validated with a photographic identification, a notarized
  290  signature verifying the identity of the signer, or by the
  291  personal knowledge of a school employee.
  292         (g) A school district may not reject a parent signature on
  293  a petition on the basis that the parent signed the petition
  294  prior to the initial notification pursuant to subsection (2).
  295         Section 6. Subsection (5) of section 1008.33, Florida
  296  Statutes, is amended to read:
  297         1008.33 Authority to enforce public school improvement.—
  298         (5)(a) In the school year after a school is initially
  299  identified as a school in the lowest-performing category, the
  300  school district must submit a plan, which is subject to approval
  301  by the State Board of Education, for implementing one of the
  302  following school turnaround options at the beginning of the next
  303  school year. The plan must be implemented unless the school
  304  moves from the lowest-performing category:
  305         1. Convert the school to a district-managed turnaround
  306  school by means that include implementing a turnaround plan
  307  approved by the Commissioner of Education which shall become the
  308  school’s improvement plan;
  309         2. Reassign students to another school and monitor the
  310  progress of each reassigned student;
  311         3. Close the school and reopen the school as one or more
  312  charter schools, each with a governing board that has a
  313  demonstrated record of effectiveness; or
  314         4. Contract with an outside entity that has a demonstrated
  315  record of effectiveness to operate the school.
  316         (b) If a school does not move from the lowest-performing
  317  category during the initial year of implementing one of the
  318  school turnaround options in paragraph (a), the school district
  319  must submit a plan, which is subject to approval by the State
  320  Board of Education, for implementing a different school
  321  turnaround option in paragraph (a) at the beginning of the next
  322  school year, unless the State Board of Education determines that
  323  the school is likely to move from the lowest-performing category
  324  if additional time is provided to implement intervention and
  325  support strategies. The State Board of Education shall determine
  326  whether a school district may continue to implement a school
  327  turnaround an option beyond 1 year while a school remains in the
  328  lowest-performing category.
  329         (c) Parents of students who are assigned to a public school
  330  that is required by the State Board of Education to implement a
  331  school turnaround option may petition the school district to
  332  implement one of the school turnaround options in paragraph (a)
  333  selected by the parents pursuant to s. 1003.07. A school
  334  implementing a school turnaround option during the 2011-2012 or
  335  2012-2013 school year is not subject to the requirements of s.
  336  1003.07 until the school is required to implement a different
  337  school turnaround option.
  338         Section 7. Section 1012.2315, Florida Statutes, is amended
  339  to read:
  340         1012.2315 Assignment of teachers.—
  341         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  342  disparities between teachers assigned to teach in a majority of
  343  schools that do not need improvement and schools that do need
  344  improvement pursuant to s. 1008.33. The disparities may be found
  345  in the assignment of temporarily certified teachers, teachers in
  346  need of improvement, and out-of-field teachers and in the
  347  performance of the students. It is the intent of the Legislature
  348  that district school boards have flexibility through the
  349  collective bargaining process to assign teachers more equitably
  350  across the schools in the district.
  351         (2) ASSIGNMENT TO SCHOOLS CATEGORIZED AS IN NEED OF
  352  IMPROVEMENT.—School districts may not assign a higher percentage
  353  than the school district average of temporarily certified
  354  teachers, teachers in need of improvement, or out-of-field
  355  teachers to schools in one of the three lowest-performing
  356  categories under s. 1008.33(3)(b). Each school district shall
  357  annually certify to the Commissioner of Education that this
  358  requirement has been met. If the commissioner determines that a
  359  school district is not in compliance with this subsection, the
  360  State Board of Education shall be notified and shall take action
  361  pursuant to s. 1008.32 in the next regularly scheduled meeting
  362  to require compliance.
  363         (3) SALARY INCENTIVES.—District school boards may are
  364  authorized to provide salary incentives to meet the requirement
  365  of subsection (2). A district school board may not sign a
  366  collective bargaining agreement that precludes the school
  367  district from providing sufficient incentives to meet this
  368  requirement.
  369         (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
  370  chapter 447 relating to district school board collective
  371  bargaining, collective bargaining provisions may not preclude a
  372  school district from providing incentives to high-quality
  373  teachers and assigning such teachers to low-performing schools.
  374         (5) ASSISTANCE TO OUT-OF-FIELD TEACHERS.—
  375         (a) Each district school board shall adopt rules for
  376  implementing an assistance plan for each classroom teacher who
  377  is teaching out-of-field. The assistance plan must provide
  378  teachers who are teaching out-of-field with priority
  379  consideration in professional development activities and require
  380  such teachers to participate in a certification or staff
  381  development program that provides the competencies required for
  382  the assigned duties. A district school board may reimburse a
  383  teacher who is teaching out-of-field for a certification fee.
  384  The assistance plan must also include duties of administrative
  385  personnel and other instructional personnel for assisting a
  386  teacher who is teaching out-of-field in providing instructional
  387  services to students.
  388         (b) The school district shall annually notify the parent of
  389  each student who is assigned to a classroom teacher who is
  390  teaching subject matter that is:
  391         1. Outside the field in which the teacher is certified;
  392         2. Outside the field that was the teacher’s minor field of
  393  study; or
  394         3. Outside the field in which the teacher has demonstrated
  395  sufficient subject area expertise, as determined by district
  396  school board policy in the subject area to be taught.
  397  
  398  The notification must inform the parent that virtual instruction
  399  from a certified in-field teacher with an annual performance
  400  evaluation rating of effective or highly effective under s.
  401  1012.34 is available to his or her child through the virtual
  402  instruction options listed under s. 1002.321(4).
  403         (6)(5) REPORT.—
  404         (a) By July 1, 2012, the Department of Education shall
  405  annually report on its website, in a manner that is accessible
  406  to the public, the performance rating data reported by district
  407  school boards under s. 1012.34. The report must include the
  408  percentage of classroom teachers, instructional personnel, and
  409  school administrators receiving each performance rating
  410  aggregated by school district and by school.
  411         (7) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
  412  EVALUATIONS.—
  413         (a)(b) Notwithstanding the provisions of s.
  414  1012.31(3)(a)2., each school district shall annually notify
  415  report to the parent of any student who is assigned to a
  416  classroom teacher or school administrator having two consecutive
  417  annual performance evaluation ratings of unsatisfactory under s.
  418  1012.34, two annual performance evaluation ratings of
  419  unsatisfactory within a 3-year period under s. 1012.34, or three
  420  consecutive annual performance evaluation ratings of needs
  421  improvement or a combination of needs improvement and
  422  unsatisfactory under s. 1012.34. The notification must inform
  423  the parent that virtual instruction from a teacher with a
  424  performance evaluation rating of highly effective or effective
  425  under s. 1012.34 is available to his or her child through the
  426  virtual instruction options listed under s. 1002.321(4).
  427         (b) Upon request by the parent of a public school student,
  428  the school district shall provide the parent with the
  429  performance evaluation for each classroom teacher assigned to
  430  his or her child, pursuant to s. 1012.31.
  431         (c) If a student is currently taught by a classroom teacher
  432  who receives, in that school year, a performance evaluation
  433  rating of needs improvement or unsatisfactory under s. 1012.34,
  434  the student may not be assigned the following school year to a
  435  classroom teacher in the same subject area who received a
  436  performance evaluation rating of needs improvement or
  437  unsatisfactory in the preceding school year. For purposes of
  438  implementation, the initial year of eligible schools subject to
  439  the provisions of s. 1003.07 are the schools that received a
  440  grade of “F” pursuant to s. 1008.34 in the 2010-2011 and 2011
  441  2012 school years and were not previously exempted in this
  442  paragraph.
  443         Section 8. Section 1012.42, Florida Statutes, is repealed.
  444         Section 9. This act shall take effect July 1, 2012.