Senate Bill sb1226c2

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    Florida Senate - 2007                    CS for CS for SB 1226

    By the Committees on Education Pre-K - 12 Appropriations;
    Education Pre-K - 12; and Senators Gaetz and Rich




    602-2082-07

  1                      A bill to be entitled

  2         An act relating to a merit award program for

  3         district school board employees; creating s.

  4         1012.225, F.S.; establishing the Merit Award

  5         Program for instructional personnel and

  6         school-based administrators; requiring that a

  7         district school board adopt a Merit Award

  8         Program plan in order to receive funding under

  9         the program; authorizing charter schools to

10         participate in the program or adopt an

11         alternative plan; providing for the plan to be

12         subject to ch. 447, F.S., relating to

13         collective bargaining; providing for the

14         reversion of funds that are not distributed

15         when a district or charter school chooses not

16         to adopt a plan; providing a formula for

17         disbursing merit-based pay supplements to

18         high-performing employees; requiring each

19         school district to document to the Department

20         of Education the district's expenditures under

21         its plan; requiring that undisbursed funds be

22         remitted to the department; providing that the

23         merit-based pay supplements are in addition to

24         other salary adjustments; providing

25         requirements for assessing instructional

26         personnel and school-based administrators which

27         include evaluating student performance;

28         requiring district school boards to inform

29         employees of the criteria for evaluations under

30         the plan; requiring the department to provide

31         technical assistance to school districts in

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 1         developing program plans and to disseminate

 2         best practices; requiring each participating

 3         district school board to submit its plan to the

 4         Commissioner of Education for review; requiring

 5         the commissioner to identify required revisions

 6         in a district's plan; requiring that any

 7         revision made to a plan be reviewed by the

 8         commissioner; requiring each school board to

 9         annually document its compliance to the

10         Commissioner of Education; requiring a report

11         to the Governor and the Legislature;

12         authorizing the State Board of Education to

13         adopt rules; requiring school districts to be

14         able to administer end-of-course examinations

15         with certain exceptions; amending s. 447.403,

16         F.S.; providing a procedure for resolving an

17         impasse with respect to a dispute involving a

18         Merit Award Program Plan; requiring that a

19         specified portion of general revenue funds

20         revert to the General Revenue Fund; repealing a

21         specified portion of Specific Appropriation 91

22         in s. 2, ch. 2006-25, Laws of Florida;

23         providing an appropriation and specifying

24         purposes; repealing s. 3, ch. 2006-26, Laws of

25         Florida, relating to an implementing provision

26         for the Special Teachers Are Rewarded

27         performance pay plan (STAR Plan); repealing s.

28         1012.22(1)(c)4., F.S., relating to a

29         performance-pay policy for school

30         administrators and instructional personnel;

31         suspending rules adopted by the State Board of

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 1         Education which are in conflict with such

 2         provisions; providing effective dates.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Section 1012.225, Florida Statutes, is

 7  created to read:

 8         1012.225  Merit Award Program for Instructional

 9  Personnel and School-Based Administrators.--

10         (1)  ELIGIBILITY.--In order to be eligible for funding

11  under this section, a district school board must adopt a Merit

12  Award Program plan that provides for an assessment and a merit

13  award based on the performance of students assigned to the

14  employee's classroom or school pursuant to paragraph (3)(a) or

15  paragraph (3)(b). Charter schools may participate in the

16  program by using the district's Merit Award Program plan or

17  may adopt an alternative Merit Award Program plan as provided

18  in paragraph (5)(b). All instructional personnel, as defined

19  in s. 1012.01(2)(a)-(d), and school-based administrators, as

20  defined in s. 1012.01(3)(c), are eligible as individuals or as

21  instructional teams to receive merit awards, with the

22  exception of substitute teachers. In order to receive a merit

23  award as an instructional team under this section, team

24  members must be assessed on the performance of students

25  assigned to the team members' classrooms or within the

26  members' academic sphere of responsibility. The district

27  school board may not require instructional personnel or

28  school-based administrators to apply for an award, or make any

29  presentation, in order to be assessed for or receive a merit

30  award. A plan is subject to negotiation as provided in chapter

31  447. The Department of Education may not distribute any

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 1  portion of pro rata funding to a district, or to a district

 2  for a charter school within the district, if the district or

 3  charter school chooses not to adopt a Merit Award Program plan

 4  under this section. Undistributed funds shall be considered

 5  unobligated and shall revert to the fund from which the

 6  appropriation was made in accordance with s. 216.301.

 7         (2)  PAY SUPPLEMENTS STRUCTURE.--Merit Award Program

 8  plans shall provide for the annual disbursement of merit-based

 9  pay supplements to high-performing employees in the manner

10  described in this subsection.

11         (a)  Each Merit Award Program plan must designate the

12  top instructional personnel and school-based administrators to

13  be outstanding performers and pay to each such employee who

14  remains employed by a Florida public school, by September 1 of

15  the following school year, a merit-based pay supplement of at

16  least 5 percent of the average teacher's salary for that

17  school district not to exceed 10 percent of the average

18  teacher's salary for that school district. The amount of a

19  merit award may not be based on length of service or base

20  salary. Pay supplements shall be funded from moneys

21  appropriated by the Legislature under this section and from

22  any additional funds that are designated by the district for

23  the Merit Award Program. School districts are not required to

24  implement this section unless the program is specifically

25  funded by the Legislature. By October 1 of each year, each

26  school district shall provide documentation to the Department

27  of Education concerning the expenditure of legislative

28  appropriations for merit-based pay, and shall refund

29  undisbursed appropriations to the department. If such

30  undisbursed funds are not remitted to the department by

31  November 1, the department shall withhold an equivalent amount

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 1  from the district's allocation of appropriations made under s.

 2  1011.62.

 3         (b)  A Merit Award Program plan may include additional

 4  pay supplements under this section for employees who manifest

 5  exemplary work attendance.

 6         (c)  Merit-based pay supplements shall be awarded in

 7  addition to any general increase or other adjustments to

 8  salaries which are made by a school district. An employee's

 9  eligibility for or receipt of merit-based pay supplements

10  shall not adversely affect that employee's opportunity to

11  qualify for or to receive any other compensation that is made

12  generally available to other similarly situated district

13  school board employees.

14         (3)  ASSESSMENT.--

15         (a)  The school district's assessment of an

16  instructional personnel staff member must consider the

17  performance of students assigned to his or her classroom or,

18  in the case of co-teaching or team teaching, within his or her

19  academic sphere of responsibility.

20         (b)  The assessment of a school-based administrator

21  must consider the performance of students assigned to his or

22  her school.

23         (c)  A district school board must evaluate student

24  performance for purposes of this section based upon student

25  academic proficiency or gains in learning or both, as measured

26  by statewide standardized tests, or, for subjects and grades

27  that are not measured by the statewide assessment program, by

28  national, state, or district-determined testing instruments

29  that measure the Sunshine State Standards, curriculum

30  frameworks, or course descriptions for the content area

31  assigned and grade level taught. This portion of the employee

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 1  assessment shall be weighted at not less than 60 percent of

 2  the overall evaluation.

 3         (d)  For purposes of this section, measures adopted by

 4  the district school board to assess instructional personnel

 5  and school-based administrators must balance student

 6  performance based on academic proficiency and gains in

 7  learning so that top-performing eligible employees have an

 8  opportunity to receive an award under this section.

 9         (e)  Using assessment criteria adopted by the district

10  school board, a professional practices component for the

11  assessment of instructional personnel must be based on the

12  principal's assessment of the instructional personnel and the

13  assessment of school-based administrators must be based on the

14  district superintendent's assessment of the administrator.

15  This portion of the employee assessment shall be weighted at

16  up to 40 percent of the overall evaluation.

17  Performance-related assessment criteria adopted by the

18  district school board for personnel assessments by principals

19  and superintendents shall include:

20         1.  The ability to maintain appropriate discipline.

21         2.  The outstanding knowledge of subject matter, with

22  the ability to plan and deliver high-quality instruction and

23  the high-quality use of technology in the classroom.

24         3.  The ability to use diagnostic and assessment data

25  and design and to implement differentiated instructional

26  strategies in order to meet individual student needs for

27  remediation or acceleration.

28         4.  The ability to establish and maintain a positive

29  collaborative relationship with students' families for the

30  purpose of increasing student achievement.

31  

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 1         5.  The Florida Educator Accomplished Practices and any

 2  other professional competencies, responsibilities, and

 3  requirements, as established by rules of the State Board of

 4  Education and policies of the district school board.

 5         6.  For school-based administrators, in addition to

 6  subparagraphs 1.-5.:

 7         a.  The ability to manage human, financial, and

 8  material resources so as to maximize the share of resources

 9  used for direct instruction, as opposed to overhead or other

10  purposes; and

11         b.  The ability to recruit and retain high-performing

12  teachers.

13         7.  Other appropriate factors identified by the

14  district school board.

15         (4)  DUTIES.--

16         (a)  Each district school board shall inform its

17  employees of the criteria and procedures associated with the

18  school district's Merit Award Program plan.

19         (b)1.  Upon request, the department shall provide

20  technical assistance to school districts for the purpose of

21  aiding the development of Merit Award Program plans. The

22  advice and recommendations offered by the department under

23  this paragraph are not subject to the requirements of chapter

24  120.

25         2.  The department shall collect and disseminate best

26  practices for district-determined testing instruments and

27  Merit Award Program plans.

28         (5)  REVIEW OF PERFORMANCE-BASED PAY PLANS.--

29         (a)  Each participating district school board must

30  submit its Merit Award Program plan to the Commissioner of

31  Education for review by October 1 of each year. The plan must

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 1  include the negotiated, district-adopted plan or charter

 2  school adopted plan if the district does not submit a plan

 3  intended for use in the following year. The commissioner shall

 4  complete a review of each plan submitted and determine

 5  compliance with the requirements of this section by November

 6  15 of each year. If a submitted plan fails to meet the

 7  requirements of this section, the commissioner must identify

 8  in writing the specific revisions that are required. Revised

 9  plans must be finalized and resubmitted by a school district,

10  or by a charter school if the district does not submit a plan,

11  for the commissioner's review by January 31 of each year. The

12  commissioner shall certify those school district or charter

13  school plans that do not comply with this section to the

14  Governor, the President of the Senate, and the Speaker of the

15  House of Representatives by February 15 of each year.

16         (b)  Any charter school that does not follow the school

17  district's salary schedule may adopt its own performance-based

18  plan in accordance with this section. Charter school proposals

19  shall be included with the school district plans or may be

20  submitted independently if the district does not submit a

21  plan.

22         (c)  Each district school board shall establish a

23  procedure to annually review both the assessment and

24  compensation components of its plan in order to determine

25  compliance with this section. After this review and by October

26  1 of each year, the district school board shall submit a

27  report to the Commissioner of Education, along with supporting

28  documentation that will enable the commissioner to verify the

29  district's compliance with this section during the prior

30  school year. The commissioner shall submit a report to the

31  Governor, the President of the Senate, and the Speaker of the

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 1  House of Representatives certifying those school district or

 2  charter school plans that do not comply with this section or

 3  whose plans were not implemented in accordance with this

 4  section by December 1 of each year.

 5         (d)  For purposes of the 2007-2008 school year, the

 6  plan submitted as required in paragraph (a) applies to the

 7  2007-2008 school year as well as the 2008-2009 school year.

 8  Thereafter, all plans submitted and approved within the

 9  timelines set forth in paragraph (a) apply to the following

10  school year.

11         (6)  SUBSEQUENT REVISIONS OF APPROVED PLANS.--Any

12  revision to an approved Merit Award Program plan must be

13  approved by the district school board and reviewed by the

14  commissioner to determine compliance with this section.

15         (7)  RULEMAKING.--The State Board of Education shall

16  adopt rules relating to the calculation of average teacher

17  salaries per district, reporting formats, and the review of

18  plan procedures pursuant to ss. 120.536(1) and 120.54 for

19  purposes of administering this section. The State Board of

20  Education must initiate the rulemaking process within 30 days

21  after this act becomes law.

22         Section 2.  Beginning with the 2007-2008 school year,

23  school districts that participate in the Merit Award Program

24  under s. 1012.225, Florida Statutes, must be able to

25  administer end-of-course examinations based on the Sunshine

26  State Standards in order to measure a student's understanding

27  and mastery of the entire course in all grade groupings and

28  subjects for any year in which the districts participate in

29  the program. The statewide standardized assessment, College

30  Board Advanced Placement Examination, International

31  Baccalaureate examination, Advanced International Certificate

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 1  of Education examination, or examinations resulting in

 2  national industry certification recognized by the Agency for

 3  Workforce Innovation satisfy the requirements of this section

 4  for the respective grade groupings and subjects assessed by

 5  these examinations and assessments.

 6         Section 3.  Paragraph (c) is added to subsection (2) of

 7  section 447.403, Florida Statutes, to read:

 8         447.403  Resolution of impasses.--

 9         (2)

10         (c)  If the district school board is the public

11  employer and an impasse is declared under subsection (1)

12  involving a dispute of a Merit Award Program Plan under s.

13  1012.225, no mediator or special magistrate shall be appointed

14  unless both parties agree to such an appointment. If a party

15  does not agree to an appointment, the appointment shall be

16  considered waived and the parties shall proceed directly to

17  resolution of the impasse by the district school board

18  pursuant to paragraph (4)(d).

19         Section 4.  From the general revenue funds appropriated

20  pursuant to Specific Appropriation 91 in section 2 of chapter

21  2006-25, Laws of Florida, the sum of $147,500,000 is rescinded

22  and $130,517,222 shall revert unallocated to the General

23  Revenue Fund and $16,982,778 shall revert unallocated to the

24  Principal State School Trust Fund on the effective date of

25  this section, and the following proviso language following

26  Specific Appropriation 91 in section 2 of chapter 2006-25,

27  Laws of Florida, is repealed:

28  

29  From the funds in Specific Appropriation 91, $147,500,000 is

30  provided for the Special Teachers are Rewarded performance pay

31  plan (STAR plan). Funds shall be distributed to school

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 1  districts for performance pay rewards to instructional

 2  personnel as defined in section 1012.01(2) (a)-(d), Florida

 3  Statutes, in all K-12 schools in the district, in accordance

 4  with the requirements of section 1012.22, Florida Statutes.

 5  STAR Plan funds shall be allocated based on each district's

 6  proportion of the state total K-12 base funding, subject to

 7  review and approval by the State Board of Education of the

 8  district's STAR plan. The district's STAR plan may include

 9  information from the district's instructional personnel

10  assessment system, and shall include instructional personnel

11  evaluation based on the performance of their students. The

12  Department of Education shall develop model methodologies that

13  ensure fairness and equity for all instructional personnel,

14  and shall provide technical assistance upon request.

15  

16  Each school district that chooses to participate in the STAR

17  Plan shall submit its comprehensive STAR plan, which shall

18  include rewards for elementary, middle, and high school

19  instructional personnel, to the State Board of Education by

20  December 31, 2006. Any charter school that does not follow the

21  district's salary schedule may submit a separate proposal with

22  the district's plan. Charter school proposals shall be

23  included with the district plans or may be submitted

24  independently if the district does not submit a plan.

25  Districts that do not submit a plan by December 31, 2006,

26  shall not be eligible to receive STAR Plan funds. The State

27  Board shall review each district's STAR Plan within 45 days of

28  receipt and shall approve the plan or request revisions. If

29  requesting revisions, the State Board must identify the

30  specific area(s) of the proposed plan needing revision.

31  Districts must submit their revised plan by March 1, 2007. The

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 1  State Board shall review the revised plan and may either

 2  approve the revised plan or deny the district eligibility to

 3  receive STAR Plan funds for the 2006-2007 fiscal year. STAR

 4  Plan funds shall not be recalculated during the fiscal year

 5  except that funds allocated for districts that fail to adopt

 6  approved STAR Plans by April 1, 2007, shall be redistributed

 7  to those districts that have approved plans in place by the

 8  required date. The redistribution calculation shall be

 9  verified by the Florida Education Finance Program

10  Appropriation Allocation Conference.

11  

12  District STAR Plans must meet the following guidelines:

13  

14  1.  Eligibility - All instructional personnel are

15  automatically eligible to receive rewards for improved student

16  achievement without having to apply.

17  

18  2.  Determination of number of rewards - The district plan

19  shall utilize funds received under this program for rewards of

20  at least 5 percent of the base pay of the best performing 25

21  percent of instructional personnel. Districts shall use any

22  remaining funds to provide bonuses to additional instructional

23  personnel or school-based leaders pursuant to their plans.

24  District school boards are encouraged to provide additional

25  rewards to instructional personnel they determine to be

26  outstanding. District school boards shall distribute funds for

27  State Board approved charter school plans to charter schools

28  based on each charter school's proportion of the district's

29  total K-12 base funding.

30  

31  

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 1  3.  Evaluation instrument - Each district school board shall

 2  select or develop an evaluation instrument. The instrument's

 3  primary determining factor shall be the evaluation of improved

 4  student achievement. The instrument's factors shall be scored

 5  using the following categories, or categories that are

 6  substantially similar in number and connotation:

 7  unsatisfactory, needs improvement, satisfactory,

 8  high-performing, and outstanding. Instructional personnel must

 9  receive no unsatisfactory or needs improvement ratings and may

10  receive no more than one satisfactory rating on the areas

11  evaluated in order to receive a reward.

12  

13  4.  Instructional personnel evaluation based on student

14  performance - District school boards shall determine

15  appropriate methods to evaluate instructional personnel based

16  on the performance of their students. The methods must measure

17  improved student achievement during the course of the school

18  year; and must be approved by the State Board of Education.

19         a.  Evaluation of improved student achievement for

20  instructional personnel linked by course numbers to

21  instruction in reading or math shall be determined by a

22  standardized test.

23         b.  Evaluation of improved student achievement for

24  instructional personnel not linked by course numbers to

25  instruction in reading or math shall be determined by

26  instruments that measure the Sunshine State Standards for the

27  area, including challenging grade-level content and critical

28  thinking skills. District school boards shall develop methods

29  to evaluate improved student achievement in specialized areas,

30  including exceptional student education, fine arts, career and

31  

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 1  technical education, and other specialties so that all

 2  instructional personnel are eligible for rewards.

 3         c.  Evaluation of improved student achievement for

 4  secondary instructional personnel linked by course number to

 5  instruction in social studies or science may be assessed by a

 6  standardized test; by linking improved student achievement in

 7  reading or mathematics of the students enrolled in the

 8  instructional personnel's social studies or science class, as

 9  measured by a standardized test; or by instruments that

10  measure the Sunshine State Standards for the area, including

11  challenging grade-level content and critical thinking skills.

12  

13  District school board STAR Plan proposals may include a

14  methodology for performance pay rewards for district-selected

15  school-based leaders who supervise or directly assist the

16  instructional personnel whose student achievement results in a

17  STAR Plan reward.

18         Section 5.  (1)  The recurring sum of $130,517,222 from

19  the General Revenue Fund and the nonrecurring sum of

20  $16,982,778 from the Principal State School Trust Fund is

21  appropriated to the Department of Education for the 2006-2007

22  fiscal year as a supplemental appropriation for Aid to Local

23  Governments, Grants and Aids -- Florida Education Finance

24  Program. These funds shall be allocated among school districts

25  based on each district's proportion of the state total K-12

26  base funding and shall be expended for any of the following

27  purposes:

28         (a)  To fund Special Teachers Are Rewarded (STAR)

29  performance pay plans that are implemented based on proviso

30  language following Specific Appropriation 91 in section 2 of

31  chapter 2006-25, Laws of Florida, in effect as of July 1,

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 1  2006. A district that has been requested by the State Board of

 2  Education to submit a revised STAR plan must submit its

 3  revised plan by May 1, 2007. The state board shall review the

 4  revised plan and may either approve the revised plan or deny

 5  the district eligibility to receive STAR plan funds for the

 6  2006-2007 fiscal year;

 7         (b)  To fund performance pay policies adopted pursuant

 8  to s. 1012.22, Florida Statutes, if a district school board

 9  amends its policy to conform to s. 1012.225(1), (2), and (3),

10  Florida Statutes, prior to the disbursement of funds. However,

11  a school district that does not amend its plan as described in

12  this subsection may disburse funds only in an amount equal to

13  the amount of funds the district disbursed under its policy

14  for the 2005-2006 school year; or

15         (c)  To fund performance pay policies approved by the

16  district school board which meet the requirements of s.

17  1012.225(1), (2), and (3), Florida Statutes.

18         (2)  The amended policies adopted under paragraph

19  (1)(b) and the policies adopted under paragraph (1)(c) are

20  subject to negotiation as provided in chapter 447, Florida

21  Statutes, except that if an impasse occurs pursuant to s.

22  447.403, Florida Statutes, a mediator or special magistrate

23  shall be appointed only if both parties agree to such

24  appointment. If a party does not agree to such appointment,

25  the appointment shall be considered waived and the parties

26  shall proceed directly to resolution of the impasse by the

27  district school board pursuant to s. 447.403(4)(d), Florida

28  Statutes. School districts receiving funds under this section

29  must comply with s. 1012.225(5)(c), Florida Statutes.

30         (3)  Each school district shall refund the undisbursed

31  balance of its allotment from this appropriation as of

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 1  September 1, 2007, to the Department of Education. If such

 2  funds are not remitted to the department by October 1, 2007,

 3  the department shall withhold an equivalent amount from the

 4  district's allocation from the Florida Education Finance

 5  Program for the 2007-2008 fiscal year.

 6         Section 6.  Section 3 of chapter 2006-26, Laws of

 7  Florida, is repealed.

 8         Section 7.  Effective June 30, 2007, s.

 9  1012.22(1)(c)4., Florida Statutes, is repealed. Rules adopted

10  by the State Board of Education pursuant to s. 1012.22,

11  Florida Statutes, which are in conflict with this act are

12  suspended.

13         Section 8.  Except as otherwise expressly provided in

14  this act, this act shall take effect upon becoming a law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 1226

 3                                 

 4  The Committee Substitute:

 5  -Requires school districts to adopt plans for outstanding
    performers to receive a merit-based pay supplement of at least
 6  5 percent, but no more than 10 percent of the district average
    teacher salary;
 7  
    -Revises the criteria for determining eligibility for the
 8  merit-based pay supplements to require at least 60 percent of
    the overall personnel evaluation to relate to student
 9  performance and up to 40 percent to relate to professional
    practices;
10  
    -Provides that districts determine eligibility for the
11  merit-based pay supplement based upon student academic
    proficiency, learning gains, or both, as measured by statewide
12  standardized assessments and local district-determined
    assessments, as well as other performance factors;
13  
    -Requires districts that participate in the merit award
14  program to be able to administer end-of-course examinations in
    all grades and subjects by the 2007-2008 school year and
15  identifies assessments that already meet the requirement;

16  -Provides that if districts choose to use funds for STAR
    plans, they have until May 1, 2007, to submit revised STAR
17  plans to the State Board of Education for approval;

18  -Permits a district to fund a performance pay plan adopted
    under s. 1012.22, F.S., if the district amends the plan to
19  conform to the bill.  Otherwise, a district may only disburse
    an amount equal to what the district disbursed under the plan
20  for the 2005-2006 school year;

21  -Provides that districts are not required to implement the
    merit award program unless it is funded by the Legislature;
22  
    -Eliminates the requirement for districts to designate at
23  least 20 percent, but no more than 80 percent of the
    district's instructional and school administrative personnel
24  as top performers; and

25  -Clarifies the amount and the funding source for the
    rescission, reversion, and reappropriation of the $147.5
26  million appropriation for the 2006-2007 merit program.

27  

28  

29  

30  

31  

                                  17

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