Florida Senate - 2013 CS for CS for SB 980 By the Committees on Appropriations; and Education; and Senator Flores 576-04897-13 2013980c2 1 A bill to be entitled 2 An act relating to education; providing requirements 3 for measuring student performance in instructional 4 personnel and school administrator performance 5 evaluations; providing requirements for the 6 performance evaluation of personnel for purposes of 7 the performance salary schedule; amending s. 1008.22, 8 F.S.; requiring each school district to establish and 9 approve testing schedules for district-mandated 10 assessments and publish the schedules on its website; 11 requiring reporting of the schedules to the Department 12 of Education; amending s. 1012.2315, F.S.; prohibiting 13 a student from being assigned in a classroom in the 14 following school year to a teacher who received a 15 performance evaluation rating of “needs improvement” 16 or “unsatisfactory” in the preceding school year under 17 certain circumstances; authorizing a parent to choose 18 to have a student who is enrolling in an 19 extracurricular course that is taught by a teacher who 20 received a performance evaluation of “needs 21 improvement” or “unsatisfactory” in the preceding 22 school year under certain circumstances; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Notwithstanding any provision to the contrary in 28 ss. 1012.22 and 1012.34, Florida Statutes, regarding the 29 performance salary schedule and personnel evaluation procedures 30 and criteria: 31 (1) At least 50 percent of a classroom teacher’s or school 32 administrator’s performance evaluation, or 40 percent if less 33 than 3 years of student performance data are available, shall be 34 based upon learning growth or achievement of the teacher’s 35 students or, for a school administrator, the students attending 36 that school; the remaining portion shall be based upon factors 37 identified in district-determined, state-approved evaluation 38 system plans. Student achievement measures for courses 39 associated with statewide assessments may be used only if a 40 statewide growth formula has not been approved for that 41 assessment or, for courses associated with school district 42 assessments, if achievement is demonstrated to be a more 43 appropriate measure of teacher performance. 44 (2) The student performance data used in the performance 45 evaluation of nonclassroom instructional personnel shall be 46 based on student outcome data that reflects the actual 47 contribution of such personnel to the performance of the 48 students assigned to the individual in the individual’s areas of 49 responsibility. 50 (3) For purposes of the performance salary schedule in s. 51 1012.22, Florida Statutes, the student assessment data in the 52 performance evaluation must be from statewide assessments or 53 district-determined assessments as required in s. 1008.22(8), 54 Florida Statutes, in the subject areas taught. 55 Section 2. Paragraph (d) is added to subsection (8) of 56 section 1008.22, Florida Statutes, to read: 57 1008.22 Student assessment program for public schools.— 58 (8) LOCAL ASSESSMENTS.— 59 (d) Each school district shall establish schedules for the 60 administration of any district-mandated assessment and approve 61 the schedules as an agenda item at a district school board 62 meeting. The school district shall publish the testing schedules 63 on its website, clearly specifying the district-mandated 64 assessments, and report the schedules to the Department of 65 Education by October 1 of each year. 66 Section 3. Subsection (6) is added to section 1012.2315, 67 Florida Statutes, to read: 68 1012.2315 Assignment of teachers.— 69 (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE 70 EVALUATIONS.— 71 (a) If a high school or middle school student is currently 72 taught by a classroom teacher who, during the current school 73 year, receives a performance evaluation rating of “needs 74 improvement” or “unsatisfactory” under s. 1012.34, the student 75 may not be assigned in the next school year to a classroom 76 teacher in the same subject area who received a performance 77 evaluation rating of “needs improvement” or “unsatisfactory” in 78 the preceding school year. 79 (b) If an elementary school student is currently taught by 80 a classroom teacher who, during the current school year, 81 receives a performance evaluation rating of “needs improvement” 82 or “unsatisfactory” under s. 1012.34, the student may not be 83 assigned in the next school year to a classroom teacher who 84 received a performance evaluation rating of “needs improvement” 85 or “unsatisfactory” in the preceding school year. 86 (c) For a student enrolling in an extracurricular course as 87 defined in s. 1003.01, a parent may choose to have the student 88 taught by a teacher who received a performance evaluation of 89 “needs improvement” or “unsatisfactory” in the preceding school 90 year if the student and the student’s parent receive an 91 explanation of the impact of teacher effectiveness on student 92 learning and the principal receives written consent from the 93 parent. 94 Section 4. This act shall take effect July 1, 2013.