Florida Senate - 2013 SB 822
By Senator Gibson
9-01134-13 2013822__
1 A bill to be entitled
2 An act relating to educational personnel evaluation;
3 amending s. 1012.34, F.S.; revising the criteria upon
4 which the performance of instructional personnel and
5 school administrators is evaluated; revising
6 provisions relating to the measurement of student
7 learning growth for purposes of the performance
8 evaluation of classroom and nonclassroom teachers;
9 requiring the State Board of Education to establish a
10 fair method to ascertain student learning growth used
11 to evaluate teachers of exceptional students and
12 students who are not tested by statewide assessments
13 or end-of-course assessments; amending s. 1012.22,
14 F.S.; conforming provisions to changes made by the
15 act; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Paragraph (a) of subsection (3), paragraphs (d)
20 and (e) of subsection (7), and subsection (8) of section
21 1012.34, Florida Statutes, are amended to read:
22 1012.34 Personnel evaluation procedures and criteria.—
23 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
24 personnel and school administrator performance evaluations must
25 be based upon the performance of students assigned to their
26 classrooms or schools, as provided in this section. Pursuant to
27 this section, a school district’s performance evaluation is not
28 limited to basing unsatisfactory performance of instructional
29 personnel and school administrators solely upon student
30 performance, but may include other criteria approved to evaluate
31 instructional personnel and school administrators’ performance,
32 or any combination of student performance and other approved
33 criteria. Evaluation procedures and criteria must comply with,
34 but are not limited to, the following:
35 (a) A performance evaluation must be conducted for each
36 employee at least once a year, except that a classroom teacher,
37 as defined in s. 1012.01(2)(a), excluding substitute teachers,
38 who is newly hired by the district school board must be observed
39 and evaluated at least twice in the first year of teaching in
40 the school district. The performance evaluation must be based
41 upon sound educational principles and contemporary research in
42 effective educational practices. The evaluation criteria must
43 include:
44 1. Performance of students.—At least 50 percent of a
45 performance evaluation must be based upon data and indicators of
46 student learning growth assessed annually by statewide
47 assessments or, for subjects and grade levels not measured by
48 statewide assessments, by school district assessments as
49 provided in s. 1008.22(8). Each school district must use the
50 formula adopted pursuant to paragraph (7)(a) for measuring
51 student learning growth in all courses associated with statewide
52 assessments and must select an equally appropriate methodology
53 formula for measuring student learning growth for all other
54 grades and subjects, except as otherwise provided in subsection
55 (7).
56 a. For classroom teachers, as defined in s. 1012.01(2)(a),
57 excluding substitute teachers, the student learning growth
58 portion of the evaluation must include growth data for students
59 assigned to the teacher over the course of at least 3 years. If
60 less than 3 years of data are available, the years for which
61 data are available must be used and the percentage of the
62 evaluation based upon student learning growth may be reduced to
63 not less than 40 percent.
64 b. For instructional personnel who are not classroom
65 teachers, the student learning growth portion of the evaluation
66 must include growth data on statewide assessments for students
67 assigned to the instructional personnel over the course of at
68 least 3 years, or may include a combination of student learning
69 growth data and other measurable student outcomes that are
70 specific to the assigned position, provided that the student
71 learning growth data accounts for not less than 30 percent of
72 the evaluation. If less than 3 years of student growth data are
73 available, the years for which data are available must be used
74 and the percentage of the evaluation based upon student learning
75 growth may be reduced to not less than 20 percent.
76 c. For school administrators, the student learning growth
77 portion of the evaluation must include growth data for students
78 assigned to the school over the course of at least 3 years. If
79 less than 3 years of data are available, the years for which
80 data are available must be used and the percentage of the
81 evaluation based upon student learning growth may be reduced to
82 not less than 40 percent.
83 2. Instructional practice.—Evaluation criteria used when
84 annually observing classroom teachers, as defined in s.
85 1012.01(2)(a), excluding substitute teachers, must include
86 indicators based upon each of the Florida Educator Accomplished
87 Practices adopted by the State Board of Education. For
88 instructional personnel who are not classroom teachers,
89 evaluation criteria must be based upon indicators of the Florida
90 Educator Accomplished Practices and may include specific job
91 expectations related to student support.
92 3. Instructional leadership.—For school administrators,
93 evaluation criteria must include indicators based upon each of
94 the leadership standards adopted by the State Board of Education
95 under s. 1012.986, including performance measures related to the
96 effectiveness of classroom teachers in the school, the
97 administrator’s appropriate use of evaluation criteria and
98 procedures, recruitment and retention of effective and highly
99 effective classroom teachers, improvement in the percentage of
100 instructional personnel evaluated at the highly effective or
101 effective level, and other leadership practices that result in
102 student learning growth. The system may include a means to give
103 parents and instructional personnel an opportunity to provide
104 input into the administrator’s performance evaluation.
105 4. Professional and job responsibilities.—For instructional
106 personnel and school administrators, other professional and job
107 responsibilities must be included as adopted by the State Board
108 of Education. The district school board may identify additional
109 professional and job responsibilities.
110 (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
111 (d) If the student learning growth in a course is not
112 measured by a statewide assessment but is measured by a school
113 district assessment, a school district may request, through the
114 evaluation system approval process, that the performance
115 evaluation for the classroom teacher assigned to that course
116 include the learning growth of his or her students on FCAT
117 Reading or FCAT Mathematics. The request must clearly explain
118 the rationale supporting the request. However, the classroom
119 teacher’s performance evaluation must give greater weight to
120 student learning growth on the district assessment.
121 (d)(e) For classroom teachers of courses for which the
122 district has not implemented appropriate assessments under s.
123 1008.22(8), or for which the school district has not adopted an
124 equally appropriate measure of student learning growth under
125 paragraphs (b)-(c) (b)-(d), student learning growth must be
126 measured by the growth in learning of the classroom teacher’s
127 students on statewide assessments, or, for courses in which
128 enrolled students do not take the statewide assessments,
129 measurable learning targets must be established based upon the
130 goals of the school improvement plan and approved by the school
131 principal. A district school superintendent may assign to
132 instructional personnel in an instructional team the student
133 learning growth of the instructional team’s students on
134 statewide assessments. This paragraph expires July 1, 2015.
135 (8) RULEMAKING.—The State Board of Education shall adopt
136 rules pursuant to ss. 120.536(1) and 120.54 which establish
137 uniform procedures for the submission, review, and approval of
138 district evaluation systems and reporting requirements for the
139 annual evaluation of instructional personnel and school
140 administrators; specific, discrete standards for each
141 performance level required under subsection (2) to ensure clear
142 and sufficient differentiation in the performance levels and to
143 provide consistency in meaning across school districts; a fair
144 and equitable method that is appropriately related to the
145 subject content area or the student’s developmental level to
146 ascertain student learning growth used to evaluate teachers of
147 exceptional students and other students who are not tested by
148 statewide assessments or end-of-course assessments; the
149 measurement of student learning growth and associated
150 implementation procedures required under subsection (7); a
151 process to permit instructional personnel to review the class
152 roster for accuracy and to correct any mistakes relating to the
153 identity of students for whom the individual is responsible; and
154 a process for monitoring school district implementation of
155 evaluation systems in accordance with this section.
156 Specifically, the rules shall establish a student learning
157 growth standard that if not met will result in the employee
158 receiving an unsatisfactory performance evaluation rating. In
159 like manner, the rules shall establish a student learning growth
160 standard that must be met in order for an employee to receive a
161 highly effective rating and a student learning growth standard
162 that must be met in order for an employee to receive an
163 effective rating.
164 Section 2. Paragraph (c) of subsection (1) of section
165 1012.22, Florida Statutes, is amended to read:
166 1012.22 Public school personnel; powers and duties of the
167 district school board.—The district school board shall:
168 (1) Designate positions to be filled, prescribe
169 qualifications for those positions, and provide for the
170 appointment, compensation, promotion, suspension, and dismissal
171 of employees as follows, subject to the requirements of this
172 chapter:
173 (c) Compensation and salary schedules.—
174 1. Definitions.—As used in this paragraph, the term:
175 a. “Adjustment” means an addition to the base salary
176 schedule that is not a bonus and becomes part of the employee’s
177 permanent base salary and shall be considered compensation under
178 s. 121.021(22).
179 b. “Grandfathered salary schedule” means the salary
180 schedule or schedules adopted by a district school board before
181 July 1, 2014, pursuant to subparagraph 4.
182 c. “Instructional personnel” means instructional personnel
183 as defined in s. 1012.01(2)(a)-(d), excluding substitute
184 teachers.
185 d. “Performance salary schedule” means the salary schedule
186 or schedules adopted by a district school board pursuant to
187 subparagraph 5.
188 e. “Salary schedule” means the schedule or schedules used
189 to provide the base salary for district school board personnel.
190 f. “School administrator” means a school administrator as
191 defined in s. 1012.01(3)(c).
192 g. “Supplement” means an annual addition to the base salary
193 for the term of the negotiated supplement as long as the
194 employee continues his or her employment for the purpose of the
195 supplement. A supplement does not become part of the employee’s
196 continuing base salary but shall be considered compensation
197 under s. 121.021(22).
198 2. Cost-of-living adjustment.—A district school board may
199 provide a cost-of-living salary adjustment if the adjustment:
200 a. Does not discriminate among comparable classes of
201 employees based upon the salary schedule under which they are
202 compensated.
203 b. Does not exceed 50 percent of the annual adjustment
204 provided to instructional personnel rated as effective.
205 3. Advanced degrees.—A district school board may not use
206 advanced degrees in setting a salary schedule for instructional
207 personnel or school administrators hired on or after July 1,
208 2011, unless the advanced degree is held in the individual’s
209 area of certification and is only a salary supplement.
210 4. Grandfathered salary schedule.—
211 a. The district school board shall adopt a salary schedule
212 or salary schedules to be used as the basis for paying all
213 school employees hired before July 1, 2014. Instructional
214 personnel on annual contract as of July 1, 2014, shall be placed
215 on the performance salary schedule adopted under subparagraph 5.
216 Instructional personnel on continuing contract or professional
217 service contract may opt into the performance salary schedule if
218 the employee relinquishes such contract and agrees to be
219 employed on an annual contract under s. 1012.335. Such an
220 employee shall be placed on the performance salary schedule and
221 may not return to continuing contract or professional service
222 contract status. Any employee who opts into the performance
223 salary schedule may not return to the grandfathered salary
224 schedule.
225 b. In determining the grandfathered salary schedule for
226 instructional personnel, a district school board must base a
227 portion of each employee’s compensation upon performance
228 demonstrated under s. 1012.34 and shall provide differentiated
229 pay for both instructional personnel and school administrators
230 based upon district-determined factors, including, but not
231 limited to, additional responsibilities, school demographics,
232 critical shortage areas, and level of job performance
233 difficulties.
234 5. Performance salary schedule.—By July 1, 2014, the
235 district school board shall adopt a performance salary schedule
236 that provides annual salary adjustments for instructional
237 personnel and school administrators based upon performance
238 determined under s. 1012.34. Employees hired on or after July 1,
239 2014, or employees who choose to move from the grandfathered
240 salary schedule to the performance salary schedule shall be
241 compensated pursuant to the performance salary schedule once
242 they have received the appropriate performance evaluation for
243 this purpose. However, a classroom teacher whose performance
244 evaluation utilizes student learning growth measures established
245 under s. 1012.34(7)(d) 1012.34(7)(e) shall remain under the
246 grandfathered salary schedule until his or her teaching
247 assignment changes to a subject for which there is an assessment
248 or the school district establishes equally appropriate measures
249 of student learning growth as defined under s. 1012.34 and rules
250 of the State Board of Education.
251 a. Base salary.—The base salary shall be established as
252 follows:
253 (I) The base salary for instructional personnel or school
254 administrators who opt into the performance salary schedule
255 shall be the salary paid in the prior year, including
256 adjustments only.
257 (II) Beginning July 1, 2014, instructional personnel or
258 school administrators new to the district, returning to the
259 district after a break in service without an authorized leave of
260 absence, or appointed for the first time to a position in the
261 district in the capacity of instructional personnel or school
262 administrator shall be placed on the performance salary
263 schedule.
264 b. Salary adjustments.—Salary adjustments for highly
265 effective or effective performance shall be established as
266 follows:
267 (I) The annual salary adjustment under the performance
268 salary schedule for an employee rated as highly effective must
269 be greater than the highest annual salary adjustment available
270 to an employee of the same classification through any other
271 salary schedule adopted by the district.
272 (II) The annual salary adjustment under the performance
273 salary schedule for an employee rated as effective must be equal
274 to at least 50 percent and no more than 75 percent of the annual
275 adjustment provided for a highly effective employee of the same
276 classification.
277 (III) The performance salary schedule may shall not provide
278 an annual salary adjustment for an employee who receives a
279 rating other than highly effective or effective for the year.
280 c. Salary supplements.—In addition to the salary
281 adjustments, each district school board shall provide for salary
282 supplements for activities that must include, but are not
283 limited to:
284 (I) Assignment to a Title I eligible school.
285 (II) Assignment to a school that earned a grade of “F” or
286 three consecutive grades of “D” pursuant to s. 1008.34 such that
287 the supplement remains in force for at least 1 year following
288 improved performance in that school.
289 (III) Certification and teaching in critical teacher
290 shortage areas. Statewide critical teacher shortage areas shall
291 be identified by the State Board of Education under s. 1012.07.
292 However, the district school board may identify other areas of
293 critical shortage within the school district for purposes of
294 this sub-sub-subparagraph and may remove areas identified by the
295 state board which do not apply within the school district.
296 (IV) Assignment of additional academic responsibilities.
297
298 If budget constraints in any given year limit a district school
299 board’s ability to fully fund all adopted salary schedules, the
300 performance salary schedule may shall not be reduced on the
301 basis of total cost or the value of individual awards in a
302 manner that is proportionally greater than reductions to any
303 other salary schedules adopted by the district.
304 Section 3. This act shall take effect July 1, 2013.