CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 2168

    Amendment No.    

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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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    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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10  ================ T I T L E   A M E N D M E N T ===============

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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                                                  SENATE AMENDMENT

    Bill No. SB 2168

    Amendment No.    





  1         instructional personnel salaries based on

  2         performance assessments; providing an effective

  3         date.

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