Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 862
       
       
       
       
       
       
                                Barcode 766560                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2013           .                                
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       Appropriations Subcommittee on Education (Benacquisto)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 1001.10, Florida
    6  Statutes, is amended to read:
    7         1001.10 Commissioner of Education; general powers and
    8  duties.—
    9         (3) To facilitate innovative practices and to allow local
   10  selection of educational methods, the State Board of Education
   11  may authorize the commissioner to waive, upon the request of a
   12  district school board, rules of the State Board of Education
   13  relating rules that relate to district school instruction and
   14  school operations, except those rules pertaining to civil
   15  rights, and student health, safety, and welfare. The
   16  commissioner of Education is not authorized to grant waivers for
   17  any provisions in rule pertaining to the allocation and
   18  appropriation of state and local funds for public education; the
   19  election, compensation, and organization of school board members
   20  and superintendents; graduation and state accountability
   21  standards; financial reporting requirements; reporting of out
   22  of-field teaching assignments under s. 1012.2315 s. 1012.42;
   23  public meetings; public records; or due process hearings
   24  governed by chapter 120. No later than January 1 of each year,
   25  the commissioner shall report to the Legislature and the State
   26  Board of Education all approved waiver requests in the preceding
   27  year.
   28         Section 2. Paragraph (d) is added to subsection (21) of
   29  section 1002.20, Florida Statutes, and subsection (25) is added
   30  to that section, to read:
   31         1002.20 K-12 student and parent rights.—Parents of public
   32  school students must receive accurate and timely information
   33  regarding their child’s academic progress and must be informed
   34  of ways they can help their child to succeed in school. K-12
   35  students and their parents are afforded numerous statutory
   36  rights including, but not limited to, the following:
   37         (21) PARENTAL INPUT AND MEETINGS.—
   38         (d) Parent empowerment.—Parents of students who are
   39  assigned to a public school that is required to implement a
   40  turnaround option pursuant to s. 1008.33 may submit a petition
   41  to the school district requesting implementation of a turnaround
   42  option pursuant to s. 1003.07.
   43         (25) ASSIGNMENT TO TEACHERS.—
   44         (a) Out-of-field classroom teachers.—Each school district
   45  shall annually notify the parent of a public school student who
   46  is assigned to a classroom teacher teaching out-of-field. The
   47  notice must inform the parent that virtual instruction from a
   48  certified in-field teacher having an annual performance
   49  evaluation rating of “effective” or “highly effective” is
   50  available pursuant to s. 1012.2315(5).
   51         (b) Underperforming classroom teachers.—Each school
   52  district shall annually notify the parent of a public school
   53  student assigned to a classroom teacher or school administrator
   54  who, under s. 1012.34, has two consecutive annual performance
   55  evaluation ratings of “unsatisfactory,” two annual performance
   56  evaluation ratings of “unsatisfactory within a 3-year period,”
   57  or three consecutive annual performance evaluation ratings of
   58  “needs improvement” or a combination of “needs improvement” and
   59  “unsatisfactory.” The notice must inform the parent that virtual
   60  instruction from a teacher who has an annual performance
   61  evaluation rating of “effective” or “highly effective” is
   62  available pursuant to s. 1012.2315(7).
   63         Section 3. Paragraph (c) of subsection (7) of section
   64  1002.32, Florida Statutes, is amended to read:
   65         1002.32 Developmental research (laboratory) schools.—
   66         (7) PERSONNEL.—
   67         (c) Lab school faculty members shall meet the certification
   68  requirements of s. 1012.32 ss. 1012.32 and 1012.42.
   69         Section 4. Paragraph (b) of subsection (16) of section
   70  1002.33, Florida Statutes, is amended to read:
   71         1002.33 Charter schools.—
   72         (16) EXEMPTION FROM STATUTES.—
   73         (b) Additionally, a charter school shall comply be in
   74  compliance with the following statutes:
   75         1. Section 286.011, relating to public meetings and
   76  records, public inspection, and criminal and civil penalties.
   77         2. Chapter 119, relating to public records.
   78         3. Section 1003.03, relating to the maximum class size,
   79  except that the calculation for compliance pursuant to s.
   80  1003.03 must shall be the average at the school level.
   81         4. Section 1012.22(1)(c), relating to compensation and
   82  salary schedules.
   83         5. Section 1012.33(5), relating to workforce reductions.
   84         6. Section 1012.335, relating to contracts with
   85  instructional personnel hired on or after July 1, 2011.
   86         7. Section 1012.34, relating to the substantive
   87  requirements for performance evaluations for instructional
   88  personnel and school administrators.
   89         8. Section 1012.2315(5) and (7), relating to the assignment
   90  of teachers and notification to parents.
   91         Section 5. Section 1003.07, Florida Statutes, is created to
   92  read:
   93         1003.07 Parent empowerment.—
   94         (1) This section may be cited as the “Parent Empowerment
   95  Act.”
   96         (2) As used in this section, the term:
   97         (a) “Eligible student” means a student enrolled in a school
   98  in which a turnaround option will be implemented or a student
   99  who, under the school district’s enrollment policy, is scheduled
  100  for assignment to that school the following school year. A
  101  student who is graduating or being promoted out of a school that
  102  is eligible for a turnaround option and who will not be enrolled
  103  in that school the following school year is not an eligible
  104  student.
  105         (b) “Parental vote” means the signature of one parent of an
  106  eligible student.
  107         1. If the other parent objects in writing to the parental
  108  vote before the date the petition is scheduled to be submitted,
  109  and if the parents have equal parental rights, the parental vote
  110  counts for one-half of a vote.
  111         2. If one parent has sole parental responsibility or holds
  112  the right to make educational decisions for the student pursuant
  113  to s. 61.13, only that parent can vote regarding the eligible
  114  student.
  115         (3) Each school district shall notify, in writing, the
  116  parents of eligible students and the school advisory council
  117  when a public school has earned a school grade of “F” and is
  118  required to select a turnaround option pursuant to s. 1008.33.
  119  The written notice must inform parents that, before the district
  120  school board selects a turnaround option, parents may petition
  121  for implementation of a particular turnaround option pursuant to
  122  s. 1008.33. The notice must be provided to parents within 30
  123  calendar days after the school district receives notice from the
  124  department that the school is required to select a turnaround
  125  option. The notice must include:
  126         (a) A description of each turnaround option available for
  127  selection under s. 1008.33;
  128         (b) A description of the process for implementing a
  129  turnaround option, including the date by which the school
  130  district must submit its implementation plan to the State Board
  131  of Education;
  132         (c) The date and location for submission of the petition;
  133         (d) The date and location of the publicly noticed district
  134  school board meeting required in this section at which the
  135  school board will consider the available turnaround options; and
  136         (e) The contact information of the district school board.
  137         (4) A person who solicits signatures may not offer monetary
  138  compensation, a promise of employment, or any other reward to a
  139  parent for signing a petition. A person who solicits signatures
  140  may not be paid per signature and, if asked, must disclose the
  141  organization he or she represents. A for-profit corporation,
  142  business, or entity is prohibited from gathering signatures or
  143  paying others to solicit signatures.
  144         (5) The State Board of Education shall adopt rules to
  145  establish a petition format, the petition submission process,
  146  standards for verifying signatures, and timeframes for the
  147  verification and consideration of a petition at a publicly
  148  noticed meeting. Petition forms must be easily accessible to
  149  parents. Each petition form must clearly identify only one
  150  turnaround option on the front page of the petition and on each
  151  page thereafter. The school district shall provide clear
  152  instructions and a sample petition form for each turnaround
  153  option available for selection under s. 1008.33.
  154         (6) The petition process must provide that:
  155         (a) Parents of eligible students have at least 30 days
  156  after initial notification to gather petition signatures.
  157         (b) The school district shall verify signatures no more
  158  than 30 days after the date the petition is submitted.
  159         (c) The district school board may not meet sooner than 30
  160  days after the petition is submitted.
  161         (d) A submitted petition may list only one turnaround
  162  option identified in s. 1008.33 which is not currently being
  163  implemented at the school. A parent may sign more than one
  164  petition for a turnaround option.
  165         (e) A parent signature constitutes a certification that the
  166  parent has a present intention to enroll his or her child, who
  167  must be identified on the petition, if the turnaround option
  168  identified on the petition is selected. A school district may
  169  not reject a parent’s signature on a petition on the basis that
  170  the parent signed the petition before the initial notice.
  171         (f) The school district shall verify at least a majority of
  172  the signatures on the petition using existing student enrollment
  173  documentation or other records containing parent signatures. A
  174  school district may not reject a parent’s signature on a
  175  petition based on a lack of conformity to signatures in school
  176  records if the parent’s identity and signature can be easily
  177  validated with a photographic identification or a notarized
  178  signature verifying the identity of the signer, or by the
  179  personal knowledge of a school employee. The school district is
  180  not required to verify notarized signatures, and signatures
  181  verified outside an established verification period are valid.
  182         (g) For a petition to be valid, it must bear the dated
  183  signatures of a majority of the parents of eligible students.
  184  For purposes of this section, a majority is more than one-half
  185  of the parents who are eligible to sign the petition. Only one
  186  parental vote per eligible student may be counted with respect
  187  to each petition.
  188         (h) If valid petitions for more than one turnaround option
  189  are submitted, the petition having the most signatures is the
  190  official turnaround option selected by parents.
  191         (7) The turnaround option selected by parents must be
  192  considered for implementation by the school district at a
  193  publicly noticed district school board meeting. The district
  194  school board may adopt the turnaround option selected by parents
  195  or a different turnaround option selected by the district school
  196  board. Pursuant to s. 1008.33, an implementation plan for the
  197  adopted turnaround option must be submitted to the state board.
  198         (a) If the district school board adopts a turnaround option
  199  that is different from the turnaround option selected by
  200  parents, it shall identify with its submission the turnaround
  201  option selected by parents.
  202         (b) If the state board determines that the turnaround
  203  option selected by parents is more likely to improve the
  204  academic performance of students at the school, the district
  205  school board shall submit to the state board an implementation
  206  plan for the turnaround option selected by parents.
  207         (c) If the school improves by at least one letter grade,
  208  implementation of a turnaround option is no longer required in
  209  accordance with s. 1008.33(4)(d).
  210         Section 6. Subsection (4) of section 1008.33, Florida
  211  Statutes, is amended to read:
  212         1008.33 Authority to enforce public school improvement.—
  213         (4)(a) The state board shall apply the most intense
  214  intervention and support strategies to schools earning a grade
  215  of “F.” In the first full school year after a school initially
  216  earns a grade of “F,” the school district must implement
  217  intervention and support strategies prescribed in rule under
  218  paragraph (3)(c), select a turnaround option from those provided
  219  in subparagraphs (b)1.-5., and submit a plan for implementing
  220  the turnaround option to the department for approval by the
  221  state board. Upon approval by the state board, the turnaround
  222  option must be implemented in the following school year.
  223         (b) Except as provided in subsection (5), the turnaround
  224  options available to a school district to address a school that
  225  earns a grade of “F” are:
  226         1. Convert the school to a district-managed turnaround
  227  school;
  228         2. Reassign students to another school and monitor the
  229  progress of each reassigned student;
  230         3. Close the school and reopen the school as one or more
  231  charter schools, each with a governing board that has a
  232  demonstrated record of effectiveness;
  233         4. Contract with an outside entity that has a demonstrated
  234  record of effectiveness to operate the school; or
  235         5. Implement a hybrid of turnaround options set forth in
  236  subparagraphs 1.-4. or other turnaround models that have a
  237  demonstrated record of effectiveness.
  238         (c) Parents of students who are assigned to a public school
  239  that is required by the State Board of Education to implement a
  240  turnaround option may petition the school district to implement
  241  one of the turnaround options in paragraph (b) selected by the
  242  parents pursuant to s. 1003.07.
  243         (d)(c) Except for schools required to implement a
  244  turnaround option pursuant to subsection (5), a school earning a
  245  grade of “F” shall have a planning year followed by 2 full
  246  school years to implement the initial turnaround option selected
  247  by the school district and approved by the state board.
  248  Implementation of the turnaround option is no longer required if
  249  the school improves by at least one letter grade.
  250         (e)(d) A school earning a grade of “F” that improves its
  251  letter grade must continue to implement strategies identified in
  252  its school improvement plan pursuant to s. 1001.42(18)(a). The
  253  department must annually review implementation of the school
  254  improvement plan for 3 years to monitor the school’s continued
  255  improvement.
  256         (f)(e) If a school earning a grade of “F” does not improve
  257  by at least one letter grade after 2 full school years of
  258  implementing the turnaround option selected by the school
  259  district under paragraph (b), the school district must select a
  260  different option and submit another implementation plan to the
  261  department for approval by the state board. Implementation of
  262  the approved plan must begin the school year following the
  263  implementation period of the existing turnaround option, unless
  264  the state board determines that the school is likely to improve
  265  a letter grade if additional time is provided to implement the
  266  existing turnaround option.
  267         Section 7. Section 1012.2315, Florida Statutes, is amended
  268  to read:
  269         1012.2315 Assignment of teachers.—
  270         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  271  disparities between teachers assigned to teach in a majority of
  272  schools that do not need improvement and schools that do need
  273  improvement pursuant to s. 1008.33. The disparities may be found
  274  in the assignment of temporarily certified teachers, teachers in
  275  need of improvement, and out-of-field teachers and in the
  276  performance of the students. It is the intent of the Legislature
  277  that district school boards have flexibility through the
  278  collective bargaining process to assign teachers more equitably
  279  across the schools in the district.
  280         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—School
  281  districts may not assign a higher percentage than the school
  282  district average of temporarily certified teachers, teachers in
  283  need of improvement, or out-of-field teachers to schools graded
  284  “D” or “F” pursuant to s. 1008.34. Each school district shall
  285  annually certify to the commissioner of Education that this
  286  requirement has been met. If the commissioner determines that a
  287  school district is not in compliance with this subsection, the
  288  State Board of Education must shall be notified and shall take
  289  action pursuant to s. 1008.32 in the next regularly scheduled
  290  meeting to require compliance.
  291         (3) SALARY INCENTIVES.—District school boards may are
  292  authorized to provide salary incentives to meet the requirement
  293  of subsection (2). A district school board may not sign a
  294  collective bargaining agreement that precludes the school
  295  district from providing sufficient incentives to meet this
  296  requirement.
  297         (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
  298  chapter 447 relating to district school board collective
  299  bargaining, collective bargaining provisions may not preclude a
  300  school district from providing incentives to high-quality
  301  teachers and assigning such teachers to low-performing schools.
  302         (5) ASSISTANCE TO OUT-OF-FIELD TEACHERS.—
  303         (a) Each district school board shall adopt rules for
  304  administering an assistance plan for each classroom teacher who
  305  is teaching out-of-field. The assistance plan must provide
  306  teachers who are teaching out-of-field with priority
  307  consideration in professional development activities and require
  308  such teachers to participate in a certification or staff
  309  development program that provides the competencies required for
  310  the assigned duties. A school district may reimburse a teacher
  311  who is teaching out-of-field for a certification fee. The
  312  assistance plan must also include duties of administrative
  313  personnel and other instructional personnel for assisting a
  314  teacher who is teaching out-of-field.
  315         (b) The school district shall annually notify the parent of
  316  a student who is assigned to a classroom teacher teaching a
  317  subject matter that is:
  318         1. Outside the field in which the teacher is certified;
  319         2. Outside the field that was the teacher’s minor field of
  320  study; or
  321         3. Outside the field in which the teacher has demonstrated
  322  sufficient subject area expertise, as determined by district
  323  school board policy, in the subject area to be taught.
  324  
  325  The notice must inform the parent that virtual instruction from
  326  a certified in-field teacher who has an annual performance
  327  evaluation rating of “effective” or “highly effective” under s.
  328  1012.34 is available to his or her child through the virtual
  329  instruction options specified in s. 1002.321(4).
  330         (6)(5) REPORT.—
  331         (a) By July 1, 2012, the department of Education shall
  332  annually report on its website, in a manner that is accessible
  333  to the public, the performance rating data reported by district
  334  school boards under s. 1012.34. The report must include the
  335  percentage of classroom teachers, instructional personnel, and
  336  school administrators receiving each performance rating
  337  aggregated by school district and by school.
  338         (7) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
  339  EVALUATIONS.—
  340         (a)(b) Notwithstanding the provisions of s.
  341  1012.31(3)(a)2., each school district shall annually notify
  342  report to the parent of a any student who is assigned to a
  343  classroom teacher or school administrator having two consecutive
  344  annual performance evaluation ratings of unsatisfactory under
  345  s. 1012.34, two annual performance evaluation ratings of
  346  unsatisfactory within a 3-year period under s. 1012.34, or three
  347  consecutive annual performance evaluation ratings of needs
  348  improvement or a combination of needs improvement and
  349  unsatisfactory under s. 1012.34. The notice must inform the
  350  parent that virtual instruction from a teacher having a
  351  performance evaluation rating of “highly effective” or
  352  “effective” under s. 1012.34 is available to his or her child
  353  through the virtual instruction options specified in s.
  354  1002.321(4).
  355         (b) If a high school or middle school student is currently
  356  taught by a classroom teacher who, during that school year,
  357  receives a performance evaluation rating of “needs improvement”
  358  or “unsatisfactory” under s. 1012.34, the student may not be
  359  assigned the following school year to a classroom teacher in the
  360  same subject area who received a performance evaluation rating
  361  of “needs improvement” or “unsatisfactory” in the preceding
  362  school year.
  363         (c) If an elementary school student is currently taught by
  364  a classroom teacher who, during that school year, receives a
  365  performance evaluation rating of “needs improvement” or
  366  “unsatisfactory” under s. 1012.34, the student may not be
  367  assigned the following school year to a classroom teacher who
  368  received a performance evaluation rating of “needs improvement”
  369  or “unsatisfactory” in the preceding school year.
  370         (d) For a student enrolling in an extracurricular course as
  371  defined in s. 1003.01(15), a parent may choose to have the
  372  student taught by a teacher who received a performance
  373  evaluation of “needs improvement” or “unsatisfactory” in the
  374  preceding school year if the student and the student’s parent
  375  receive an explanation of the impact of teacher effectiveness on
  376  student learning and the principal receives written consent from
  377  the parent.
  378         Section 8. Section 1012.42, Florida Statutes, is repealed.
  379         Section 9. This act shall take effect July 1, 2013.
  380  
  381  ================= T I T L E  A M E N D M E N T ================
  382         And the title is amended as follows:
  383         Delete everything before the enacting clause
  384  and insert:
  385                        A bill to be entitled                      
  386         An act relating to parent empowerment in education;
  387         amending s. 1001.10, F.S.; conforming a cross
  388         reference; amending s. 1002.20, F.S.; providing that
  389         parents who have a student in a public school that is
  390         implementing a turnaround option may petition to have
  391         a particular turnaround option implemented; requiring
  392         the school district to notify parents of a public
  393         school student being taught by an out-of-field teacher
  394         or by a teacher with an unsatisfactory performance
  395         rating; specifying requirements for the notice;
  396         amending s. 1002.32, F.S.; conforming a cross
  397         reference; amending s. 1002.33, F.S.; requiring a
  398         charter school to comply with certain procedures for
  399         the assignment of teachers; creating s. 1003.07, F.S.;
  400         creating the Parent Empowerment Act; specifying what
  401         constitutes an eligible student and a parental vote;
  402         requiring that a school district send a written notice
  403         to parents of public school students regarding the
  404         parents’ options to petition the school for a
  405         particular turnaround option; requiring the notice to
  406         include certain information; authorizing up to one
  407         parental vote per eligible student; establishing the
  408         process to solicit signatures for a petition;
  409         prohibiting a person from being paid for signatures;
  410         prohibiting a for-profit corporation, business, or
  411         entity from soliciting signatures or paying a person
  412         to solicit signatures; establishing criteria to verify
  413         the signatures on a petition; requiring the State
  414         Board of Education to adopt rules for filing a
  415         petition; specifying that a petition is valid if it is
  416         signed and dated by a majority of the parents of
  417         eligible students and those signatures are verified;
  418         requiring the school district to consider the
  419         turnaround option on the valid petition with the most
  420         signatures at a publicly noticed school board meeting;
  421         requiring the school district to submit an
  422         implementation plan to the state board; amending s.
  423         1008.33, F.S.; authorizing a parent to petition the
  424         school district to implement a turnaround option
  425         selected by the parent; amending s. 1012.2315, F.S.;
  426         providing for assistance to teachers teaching out-of
  427         field; requiring the school district to notify parents
  428         and inform them of their options if a student is being
  429         taught by an out-of-field teacher; providing that a
  430         student may not be assigned to a teacher with a
  431         performance evaluation rating of less than effective
  432         for a specified number of consecutive school years;
  433         authorizing the parent of a student to consent to the
  434         assignment of that student to a teacher with a
  435         performance evaluation rating of less than effective
  436         under certain circumstances; repealing s. 1012.42,
  437         F.S., relating to teachers who are teaching out-of
  438         field; providing an effective date.