CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 2168
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Latvala moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 0, delete everything after the enacting clause,
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16 and insert:
17 Section 1. Paragraphs (c) and (g) of subsection (5) of
18 section 230.23, Florida Statutes, 1996 Supplement, are amended
19 to read:
20 230.23 Powers and duties of school board.--The school
21 board, acting as a board, shall exercise all powers and
22 perform all duties listed below:
23 (5) PERSONNEL.--Designate positions to be filled,
24 prescribe qualifications for those positions, and provide for
25 the appointment, compensation, promotion, suspension, and
26 dismissal of employees as follows, subject to the requirements
27 of chapter 231:
28 (c) Compensation and salary schedules.--Adopt a salary
29 schedule or salary schedules to be used as a basis for paying
30 all school employees, such schedules to be arranged, insofar
31 as practicable, so as to furnish incentive for improvement in
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Amendment No.
1 training and for continued and efficient service and fix and
2 authorize the compensation of school employees on the basis of
3 such schedules. A district school board, in determining the
4 salary schedule for instructional personnel, must base a
5 portion of each employee's compensation on performance
6 demonstrated under s. 231.29 and must shall consider the prior
7 teaching experience of a person who has been designated state
8 teacher of the year by any state in the United States. In
9 developing the salary schedule, the school board shall seek
10 input from parents, teachers, and representatives of the
11 business community.
12 (g) Awards and incentives.--Provide for recognition of
13 district employees, students, school volunteers, or advisory
14 committee members who have contributed outstanding and
15 meritorious service in their fields or service areas. After
16 considering recommendations of the superintendent, the board
17 shall adopt rules establishing and regulating the meritorious
18 service awards necessary for the efficient operation of the
19 program. An award or incentive granted under this paragraph
20 may not be considered in determining the salary schedules
21 required by paragraph (c). Monetary awards shall be limited to
22 persons who propose procedures or ideas which are adopted by
23 the board and which will result in eliminating or reducing
24 school board expenditures or improving district or school
25 center operations. Nonmonetary awards shall include, but need
26 not be limited to, certificates, plaques, medals, ribbons, and
27 photographs. The school board is authorized to expend funds
28 for such recognition and awards. No award granted under the
29 provisions of this paragraph shall exceed $2,000 or 10 percent
30 of the first year's gross savings, whichever is greater.
31 Section 2. Paragraph (b) of subsection (7) of section
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Amendment No.
1 230.33, Florida Statutes, 1996 Supplement, is amended to read:
2 230.33 Duties and responsibilities of
3 superintendent.--The superintendent shall exercise all powers
4 and perform all duties listed below and elsewhere in the law;
5 provided, that in so doing he or she shall advise and counsel
6 with the school board. The recommendations, nominations,
7 proposals, and reports required by law and rule to be made to
8 the school board by the superintendent shall be either
9 recorded in the minutes or shall be made in writing, noted in
10 the minutes, and filed in the public records of the board. It
11 shall be presumed that, in the absence of the record required
12 in this paragraph, the recommendations, nominations, and
13 proposals required of the superintendent were not contrary to
14 the action taken by the school board in such matters.
15 (7) PERSONNEL.--Be responsible, as required herein,
16 for directing the work of the personnel, subject to the
17 requirements of chapter 231, and in addition the
18 superintendent shall have the following duties:
19 (b) Compensation and salary schedules.--Prepare and
20 recommend to the school board for adoption a salary schedule
21 or salary schedules to be used as the basis for paying school
22 employees, arranging such schedules, insofar as practicable,
23 so as to furnish incentive for improvement in training and for
24 continued and efficient service. The superintendent must
25 recommend a salary schedule for instructional personnel which
26 bases a portion of each employee's compensation on performance
27 demonstrated under s. 231.29. In developing the recommended
28 salary schedule, the superintendent shall include input from
29 parents, teachers, and representatives of the business
30 community.
31 Section 3. Section 231.2905, Florida Statutes, is
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Amendment No.
1 created to read:
2 231.2905 Florida School Recognition Program.--
3 (1) The Legislature finds that there is a need for a
4 performance incentive program for outstanding faculty and
5 staff in highly productive schools. The Legislature further
6 finds that performance-based incentives are commonplace in the
7 private sector and should be infused into the public sector as
8 a reward for productivity.
9 (2) The Florida School Recognition Program is created
10 to provide financial awards to faculty and staff of schools
11 that sustain high performance or that demonstrate exemplary
12 improvement due to innovation and effort. The Commissioner of
13 Education shall establish statewide objective criteria for
14 schools to be invited to apply for the Florida School
15 Recognition Program. The selection of schools must be based
16 on at least 2 school years of data, when available. To
17 participate in the program, a school district must have
18 incorporated a performance incentive program into its employee
19 salary structure. All public schools, including charter
20 schools, are eligible to participate in the program.
21 (a) Initial criteria for identification of schools
22 must rely on the school's data and statewide data and must
23 include, but not be limited to:
24 1. Improvement in the school's student achievement
25 data.
26 2. Statewide student achievement data.
27 3. Readiness for postsecondary education data.
28 4. Dropout rates.
29 5. Attendance rates.
30 (b) After a pool of eligible schools has been
31 identified, schools must apply for final recognition and
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Amendment No.
1 financial awards based on established criteria. Criteria must
2 include, but not be limited to:
3 1. School climate, including rates of school violence
4 and crime.
5 2. Indicators of innovation in teaching and learning.
6 3. Indicators of successful, challenging school
7 improvement plans.
8 4. Parent, community, and student involvement in
9 learning.
10 (c) After identification of schools for final
11 recognition and financial awards, awards must be distributed
12 based on employee performance criteria established in district
13 school board policy.
14 (3) All selected schools shall receive financial
15 awards depending on the availability of funds appropriated and
16 the number and size of schools selected to receive an award.
17 Funds must be distributed to the school's fiscal agent and
18 placed in the school's account and must be used as determined
19 by the school's staff and school advisory council for bonuses
20 to the faculty and staff or for educational equipment or
21 materials for the school. Notwithstanding statutory
22 provisions to the contrary, incentive awards are not subject
23 to collective bargaining.
24 Section 4. Subsection (4) of section 236.02, Florida
25 Statutes, is amended to read:
26 236.02 Minimum requirements of the Florida Education
27 Finance Program.--Each district which participates in the
28 state appropriations for the Florida Education Finance Program
29 shall provide evidence of its effort to maintain an adequate
30 school program throughout the district and shall meet at least
31 the following requirements:
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Amendment No.
1 (4) SALARY SCHEDULES.--Expend funds for salaries in
2 accordance with a salary schedule or schedules adopted by the
3 school board in accordance with the provisions of law and
4 regulations of the state board. Expenditures for salaries of
5 instructional personnel must include compensation based on
6 employee performance demonstrated under s. 231.29.
7 Section 5. This act shall take effect July 1, 1998.
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11 And the title is amended as follows:
12 Delete everything before the enacting clause
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14 and insert:
15 A bill to be entitled
16 An act relating to school district personnel;
17 amending s. 230.23, F.S., relating to powers
18 and duties of district school boards; requiring
19 the adoption of salary schedules based on
20 performance assessments of instructional
21 personnel; amending s. 230.33, F.S.; requiring
22 superintendents to recommend salary schedules
23 for instructional personnel based on
24 performance assessments; requiring certain
25 input; creating s. 231.2905, F.S.; creating the
26 Florida School Recognition Program to provide
27 financial awards to selected faculty and staff
28 of identified schools; providing criteria for
29 selection; amending s. 236.02, F.S., relating
30 to participation in the Florida Education
31 Finance Program; requiring expenditures for
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1 instructional personnel salaries based on
2 performance assessments; providing an effective
3 date.
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