Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for HB 7043 Ì6257624Î625762 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bullard moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 382 and 383 4 insert: 5 Section 5. Section 1011.6202, Florida Statutes, is created 6 to read: 7 1011.6202 Autonomy Pilot Program Initiative.—The Autonomy 8 Pilot Program Initiative is created within the Department of 9 Education. The purpose of the pilot program initiative is to 10 provide the highly effective principal or a highly effective 11 group of select teachers of a participating school with 12 increased autonomy and authority to operate their school in a 13 way that produces significant improvements in student 14 achievement and school management while complying with 15 constitutional requirements. The State Board of Education may, 16 upon approval of an autonomy proposal, enter into a performance 17 contract with up to seven district school boards for 18 participation in the pilot program. 19 (1) PARTICIPATING SCHOOL DISTRICTS.—The district school 20 boards in Broward, Duval, Escambia, Jefferson, Madison, Palm 21 Beach, Pinellas, and Seminole Counties may submit to the state 22 board for approval an autonomy proposal that exchanges statutory 23 and rule exemptions for an agreement to meet performance goals 24 established in the proposal. If approved by the state board, 25 each of these school districts shall be eligible to participate 26 in the pilot program for 3 years. At the end of the 3 years, the 27 performance of all participating schools in the school district 28 shall be evaluated. 29 (2) AUTONOMY PROPOSAL.— 30 (a) To participate in a principal or teacher autonomy pilot 31 program, a school district must: 32 1. Identify three schools that received at least two school 33 grades of “D” or “F” pursuant to s. 1008.34 during the previous 34 3 school years. 35 2. If a principal autonomy proposal is chosen, identify 36 three principals who have earned a highly effective rating on 37 the prior year’s performance evaluation pursuant to s. 1012.34, 38 one of whom shall be assigned to each of the participating 39 schools. 40 3. If a teacher autonomy proposal is chosen, identify three 41 teacher groups in which each of the teachers has earned highly 42 effective performance evaluation ratings for at least 4 43 consecutive years pursuant to s. 1012.34. A group shall be 44 assigned to each of the participating schools. 45 4. Describe the current financial and administrative 46 management of each participating school; identify the areas in 47 which each school principal or group of select teachers will 48 have increased fiscal and administrative autonomy, including the 49 authority and responsibilities provided in s. 1012.28(8); and 50 identify the areas in which each participating school will 51 continue to follow district school board fiscal and 52 administrative policies. 53 5. Explain the methods used to identify the educational 54 strengths and needs of the participating school’s students and 55 identify how student achievement can be improved. 56 6. Establish performance goals for student achievement, as 57 defined in s. 1008.34(1), and explain how the increased autonomy 58 of principals or teachers will help participating schools 59 improve student achievement and school management. 60 7. Provide each participating school’s mission and a 61 description of its student population. 62 (b) The state board shall establish criteria, which must 63 include the criteria listed in paragraph (a), for the approval 64 of an autonomy proposal. 65 (c) A district school board must submit its principal or 66 teacher autonomy proposal to the state board for approval by 67 December 1 in order to begin participation in the subsequent 68 school year. By February 28 of the school year in which the 69 proposal is submitted, the state board shall notify the district 70 school board in writing whether the proposal is approved. 71 (3) EXEMPTION FROM LAWS.— 72 (a) With the exception of those laws listed in paragraph 73 (b), a participating school is exempt from the provisions of 74 chapters 1000-1013 and rules of the state board that implement 75 those exempt provisions. 76 (b) A participating school shall comply with the provisions 77 of chapters 1000-1013, and rules of the state board that 78 implement those provisions, pertaining to the following: 79 1. Those laws relating to the election and compensation of 80 district school board members, the election or appointment and 81 compensation of district school superintendents, public meetings 82 and public records requirements, financial disclosure, and 83 conflicts of interest. 84 2. Those laws relating to the student assessment program 85 and school grading system, including chapter 1008. 86 3. Those laws relating to the provision of services to 87 students with disabilities. 88 4. Those laws relating to civil rights, including s. 89 1000.05, relating to discrimination. 90 5. Those laws relating to student health, safety, and 91 welfare. 92 6. Section 1001.42(4)(f), relating to the uniform opening 93 date for public schools. 94 7. Section 1003.03, governing maximum class size, except 95 that the calculation for compliance pursuant to s. 1003.03 is 96 the average at the school level for a participating school. 97 8. Sections 1012.22(1)(c) and 1012.27(2), relating to 98 compensation and salary schedules. 99 9. Section 1012.33(5), relating to workforce reductions for 100 annual contracts for instructional personnel. This subparagraph 101 does not apply to at-will employees. 102 10. Section 1012.335, relating to annual contracts for 103 instructional personnel hired on or after July 1, 2011. This 104 subparagraph does not apply to at-will employees. 105 11. Section 1012.34, relating to personnel evaluation 106 procedures and criteria. 107 12. Those laws pertaining to educational facilities, 108 including chapter 1013, except that s. 1013.20, relating to 109 covered walkways for relocatables, and s. 1013.21, relating to 110 the use of relocatable facilities exceeding 20 years of age, are 111 eligible for exemption. 112 13. Those laws pertaining to participating school 113 districts, including this section and ss. 1011.69(2) and 114 1012.28(8). 115 (4) PROFESSIONAL DEVELOPMENT.—Each participating school 116 district shall require that the principal or select group of 117 teachers of each participating school, a three-member leadership 118 team from each participating school, and district personnel 119 working with each participating school complete a nationally 120 recognized school turnaround program which focuses on improving 121 leadership, instructional infrastructure, talent management, and 122 differentiated support and accountability. The required 123 personnel must enroll in the school turnaround program upon 124 acceptance into the pilot program. 125 (5) TERM OF PARTICIPATION.—The state board shall authorize 126 a school district to participate in the pilot program for a 127 period of 3 years commencing with approval of the autonomy 128 proposal. Authorization to participate in the pilot program may 129 be renewed upon action of the state board. The state board may 130 revoke authorization to participate in the pilot program if the 131 school district fails to meet the requirements of this section 132 during the 3-year period. 133 (6) REPORTING.—Each participating school district shall 134 submit an annual report to the state board. The state board 135 shall annually report on the implementation of the Autonomy 136 Pilot Program Initiative. Upon completion of the pilot program’s 137 first 3-year term, the Commissioner of Education shall submit to 138 the President of the Senate and the Speaker of the House of 139 Representatives by December 1 a full evaluation of the 140 effectiveness of the pilot program. 141 (7) FUNDING.—The Legislature may appropriate funding to the 142 department in the General Appropriations Act for the costs of 143 the pilot program initiative, including administrative costs and 144 enrollment costs for the school turnaround program and an 145 additional scholarship to each participating principal or select 146 group of teachers to be used at their schools. 147 (8) RULEMAKING.—The State Board of Education shall adopt 148 rules to administer this section. 149 Section 6. Subsection (2) of section 1011.69, Florida 150 Statutes, is amended to read: 151 1011.69 Equity in School-Level Funding Act.— 152 (2) Beginning in the 2003-2004 fiscal year, district school 153 boards shall allocate to schools within the district an average 154 of 90 percent of the funds generated by all schools and 155 guarantee that each school receives at least 80 percent, except 156 schools participating in an autonomy pilot program under s. 157 1011.6202 are guaranteed to receive at least 90 percent, of the 158 funds generated by that school based upon the Florida Education 159 Finance Program as provided in s. 1011.62 and the General 160 Appropriations Act, including gross state and local funds, 161 discretionary lottery funds, and funds from the school 162 district’s current operating discretionary millage levy. Total 163 funding for each school shall be recalculated during the year to 164 reflect the revised calculations under the Florida Education 165 Finance Program by the state and the actual weighted full-time 166 equivalent students reported by the school during the full-time 167 equivalent student survey periods designated by the Commissioner 168 of Education. If the district school board is providing programs 169 or services to students funded by federal funds, any eligible 170 students enrolled in the schools in the district shall be 171 provided federal funds. 172 Section 7. Subsection (8) is added to section 1012.28, 173 Florida Statutes, to read: 174 1012.28 Public school personnel; duties of school 175 principals.— 176 (8) The principal of a school or a select group of teachers 177 participating in an autonomy pilot program under s. 1011.6202 178 have the following additional authority and responsibilities: 179 (a) In addition to the authority provided in subsection 180 (6), the authority to select qualified instructional personnel 181 for placement or to refuse to accept the placement or transfer 182 of instructional personnel by the district school 183 superintendent. Placement of instructional personnel at a 184 participating school in a participating school district does not 185 affect the employee’s status as a school district employee. 186 (b) The authority to deploy financial resources to school 187 programs at the principal’s or the select group of teachers’ 188 discretion to help improve student achievement, as defined in s. 189 1008.34(1), and meet performance goals identified in the 190 autonomy proposal submitted pursuant to s. 1011.6202. 191 (c) To annually provide to the district school 192 superintendent and the district school board a budget for the 193 operation of the participating school that identifies how funds 194 provided pursuant to s. 1011.69(2) are allocated. The school 195 district shall include the budget in the annual report provided 196 to the State Board of Education pursuant to s. 1011.6202(6). 197 198 ================= T I T L E A M E N D M E N T ================ 199 And the title is amended as follows: 200 Between lines 41 and 42 201 insert: 202 creating s. 1011.6202, F.S.; creating the Autonomy 203 Pilot Program Initiative; providing a purpose for the 204 initiative; providing a procedure for a school 205 district to participate in the initiative; providing 206 requirements for participating school districts and 207 schools; exempting participating schools from certain 208 laws and rules; requiring principals or select groups 209 of teachers at participating schools and other 210 specified personnel to complete a nationally 211 recognized school turnaround program; providing for 212 the term of participation in a pilot program; 213 providing for renewal or revocation of authorization 214 to participate in a pilot program; providing for 215 reporting, funding, and eligibility requirements for 216 certain funding and rulemaking; amending s. 1011.69, 217 F.S.; requiring participating district school boards 218 to allocate a specified percentage of certain funds to 219 participating schools; amending s. 1012.28, F.S.; 220 providing additional authority and responsibilities of 221 the principal or select group of teachers of a 222 participating school;