HB 7021

1
A bill to be entitled
2An act relating to a merit award program for district
3school board employees; creating s. 1012.225, F.S.;
4establishing the Merit Award Program for instructional
5personnel and school-based administrators; requiring that
6a district school board adopt a Merit Award Program plan
7in order to receive funding under the program; authorizing
8charter schools to participate in the program or adopt an
9alternative plan; providing for the plan to be subject to
10ch. 447, F.S., relating to collective bargaining;
11providing for the reversion of funds that are not
12distributed when a district or charter school chooses not
13to adopt a plan; providing a formula for disbursing merit-
14based pay supplements to high-performing employees;
15requiring each school district to document to the
16Department of Education the district's expenditures under
17its plan; requiring that undisbursed funds be remitted to
18the department; providing that the merit-based pay
19supplements are in addition to other salary adjustments;
20providing requirements for assessing instructional
21personnel and school-based administrators which include
22evaluating student and employee performance; requiring
23district school boards to inform employees of the criteria
24for evaluations under the plan; requiring the department
25to provide technical assistance to school districts in
26developing program plans and to disseminate best
27practices; requiring each participating district school
28board to submit its plan to the Commissioner of Education
29for review; requiring the commissioner to identify
30required revisions in a district's plan; requiring that
31any revision made to a plan be reviewed by the
32commissioner; requiring each school board to annually
33document its compliance to the Commissioner of Education;
34requiring a report to the Governor and the Legislature;
35authorizing the State Board of Education to adopt rules;
36requiring school districts to be able to administer end-
37of-course examinations with certain exceptions; amending
38s. 447.403, F.S.; providing a procedure for resolving an
39impasse with respect to a dispute involving a Merit Award
40Program plan; requiring that a specified portion of
41general revenue funds revert to the General Revenue Fund;
42repealing a specified portion of Specific Appropriation 91
43in s. 2, ch. 2006-25, Laws of Florida; providing an
44appropriation and specifying purposes; repealing s. 3, ch.
452006-26, Laws of Florida, relating to an implementing
46provision for the Special Teachers Are Rewarded
47performance pay plan (STAR Plan); repealing s.
481012.22(1)(c)4., F.S., relating to a performance-pay
49policy for school administrators and instructional
50personnel; suspending rules adopted by the State Board of
51Education that are in conflict with such provisions;
52providing effective dates.
53
54Be It Enacted by the Legislature of the State of Florida:
55
56     Section 1.  Section 1012.225, Florida Statutes, is created
57to read:
58     1012.225  Merit Award Program for instructional personnel
59and school-based administrators.--
60     (1)  ELIGIBILITY.--In order to be eligible for funding
61under this section, a district school board must adopt a Merit
62Award Program plan that provides for an assessment and a merit
63award based on the performance of students assigned to the
64employee's classroom or school pursuant to paragraph (3)(a) or
65paragraph (3)(b). Charter schools may participate in the program
66by using the district's Merit Award Program plan or may adopt an
67alternative Merit Award Program plan as provided in paragraph
68(5)(b). All instructional personnel, as defined in s.
691012.01(2)(a)-(d), and school-based administrators, as defined
70in s. 1012.01(3)(c), are eligible as individuals or as
71instructional teams to receive merit awards, with the exception
72of substitute teachers. In order to receive a merit award as an
73instructional team under this section, team members must be
74assessed on the performance of students assigned to the team
75members' classrooms or within the members' sphere of academic
76responsibility. The district school board may not require
77instructional personnel or school-based administrators to apply
78for an award, or make any presentation, in order to be assessed
79for or receive a merit award. A plan is subject to negotiation
80as provided in chapter 447. The Department of Education may not
81distribute any portion of pro rata funding to a district, or to
82a district for a charter school within the district, if the
83district or charter school chooses not to adopt a Merit Award
84Program plan under this section. Undistributed funds shall be
85considered unobligated and shall revert to the fund from which
86the appropriation was made in accordance with s. 216.301.
87     (2)  PAY SUPPLEMENTS STRUCTURE.--Merit Award Program plans
88shall provide for the annual disbursement of merit-based pay
89supplements to high-performing employees in the manner described
90in this subsection.
91     (a)  Each Merit Award Program plan must designate the top
92instructional personnel and school-based administrators to be
93outstanding performers and pay to each such employee who remains
94employed in a Florida public school, by September 1 of the
95following school year, a merit-based pay supplement of at least
965 percent of the average teacher's salary for that school
97district not to exceed 10 percent of the average teacher's
98salary for that school district. The amount of a merit award may
99not be based on length of service or base salary. Pay
100supplements shall be funded from moneys appropriated by the
101Legislature under this section and from any additional funds
102that are designated by the district for the Merit Award Program.
103School districts are not required to implement this section
104unless the program is specifically funded by the Legislature. By
105October 1 of each year, each school district shall provide
106documentation to the Department of Education concerning the
107expenditure of legislative appropriations for merit-based pay,
108and shall refund undisbursed appropriations to the department.
109If such undisbursed funds are not remitted to the department by
110November 1, the department shall withhold an equivalent amount
111from the district's allocation of appropriations made under s.
1121011.62.
113     (b)  A Merit Award Program plan may include additional pay
114supplements under this section for employees who manifest
115exemplary work attendance.
116     (c)  Merit-based pay supplements shall be awarded in
117addition to any general increase or other adjustments to
118salaries which are made by a school district. An employee's
119eligibility for or receipt of merit-based pay supplements shall
120not adversely affect that employee's opportunity to qualify for
121or to receive any other compensation that is made generally
122available to other similarly situated district school board
123employees.
124     (3)  ASSESSMENT.--
125     (a)  The school district's assessment of an instructional
126personnel staff member must consider the performance of students
127assigned to his or her classroom or, in the case of co-teaching
128or team teaching, within his or her sphere of academic
129responsibility.
130     (b)  The assessment of a school-based administrator must
131consider the performance of students assigned to his or her
132school.
133     (c)  A district school board must evaluate student
134performance for purposes of this section based upon student
135academic proficiency or gains in learning or both, as measured
136by statewide standardized tests, or, for subjects and grades
137that are not measured by the statewide assessment program, by
138national, state, or district-determined testing instruments that
139measure the Sunshine State Standards, curriculum frameworks, or
140course descriptions for the content area assigned and grade
141level taught. This portion of the employee assessment shall be
142weighted at not less than 60 percent of the overall evaluation.
143(d)  For purposes of this section, measures adopted by the
144district school board to assess instructional personnel and
145school-based administrators must balance student performance
146based on academic proficiency and gains in learning so that top-
147performing eligible employees have an opportunity to receive an
148award under this section.
149     (e)  Using assessment criteria adopted by the district
150school board, a professional practices component for the
151assessment of instructional personnel must be based on the
152principal's assessment of the instructional personnel and the
153assessment of school-based administrators must be based on the
154district superintendent's assessment of the administrator. This
155portion of the employee assessment shall be weighted at up to 40
156percent of the overall evaluation. Performance-related
157assessment criteria adopted by the district school board for
158personnel assessments by principals and superintendents shall
159include:
160     1.  The ability to maintain appropriate discipline.
161     2.  The outstanding knowledge of subject matter, with the
162ability to plan and deliver high-quality instruction and the
163high-quality use of technology in the classroom.
164     3.  The ability to use diagnostic and assessment data and
165design and to implement differentiated instructional strategies
166in order to meet individual student needs for remediation or
167acceleration.
168     4.  The ability to establish and maintain a positive
169collaborative relationship with students' families for the
170purpose of increasing student achievement.
171     5.  The Florida Educator Accomplished Practices and any
172other professional competencies, responsibilities, and
173requirements, as established by rules of the State Board of
174Education and policies of the district school board.
175     6.  For school-based administrators, in addition to
176subparagraphs 1.-5.:
177     a.  The ability to manage human, financial, and material
178resources so as to maximize the share of resources used for
179direct instruction, as opposed to overhead or other purposes;
180and
181     b.  The ability to recruit and retain high-performing
182teachers.
183     7.  Other appropriate factors identified by the district
184school board.
185     (4)  DUTIES.--
186     (a)  Each district school board shall inform its employees
187of the criteria and procedures associated with the school
188district's Merit Award Program plan.
189     (b)1.  Upon request, the department shall provide technical
190assistance to school districts for the purpose of aiding the
191development of Merit Award Program plans. The advice and
192recommendations offered by the department under this paragraph
193are not subject to the requirements of chapter 120.
194     2.  The department shall collect and disseminate best
195practices for district-determined testing instruments and Merit
196Award Program plans.
197     (5)  REVIEW OF PERFORMANCE-BASED PAY PLANS.--
198     (a)  Each participating district school board must submit
199its Merit Award Program plan to the Commissioner of Education
200for review by October 1 of each year. The plan must include the
201negotiated, district-adopted plan or charter school adopted plan
202if the district does not submit a plan intended for use in the
203following year. The commissioner shall complete a review of each
204plan submitted and determine compliance with the requirements of
205this section by November 15 of each year. If a submitted plan
206fails to meet the requirements of this section, the commissioner
207must identify in writing the specific revisions that are
208required. Revised plans must be finalized and resubmitted by a
209school district, or by a charter school if the district does not
210submit a plan, for the commissioner's review by January 31 of
211each year. The commissioner shall certify those school district
212or charter school plans that do not comply with this section to
213the Governor, the President of the Senate, and the Speaker of
214the House of Representatives by February 15 of each year.
215     (b)  Any charter school that does not follow the school
216district's salary schedule may adopt its own performance-based
217plan in accordance with this section. Charter school proposals
218shall be included with the school district plans or may be
219submitted independently if the district does not submit a plan.
220     (c)  Each district school board shall establish a procedure
221to annually review both the assessment and compensation
222components of its plan in order to determine compliance with
223this section. After this review and by October 1 of each year,
224the district school board shall submit a report to the
225Commissioner of Education, along with supporting documentation
226that will enable the commissioner to verify the district's
227compliance with this section during the prior school year. The
228commissioner shall submit a report to the Governor, the
229President of the Senate, and the Speaker of the House of
230Representatives certifying those school district or charter
231school plans that do not comply with this section or whose plans
232were not implemented in accordance with this section by December
2331 of each year.
234     (d)  For purposes of the 2007-2008 school year, the plan
235submitted as required in paragraph (a) applies to the 2007-2008
236school year as well as the 2008-2009 school year. Thereafter,
237all plans submitted and approved within the timelines set forth
238in paragraph (a) apply to the following school year.
239     (6)  SUBSEQUENT REVISIONS OF APPROVED PLANS.--Any revision
240to an approved Merit Award Program plan must be approved by the
241district school board and reviewed by the commissioner to
242determine compliance with this section.
243     (7)  RULEMAKING.--The State Board of Education shall adopt
244rules relating to the calculation of average teacher salaries
245per district, reporting formats, and the review of plan
246procedures pursuant to ss. 120.536(1) and 120.54 for purposes of
247administering this section. The State Board of Education must
248initiate the rulemaking process within 30 days after this
249section becomes law.
250     Section 2.  Beginning with the 2007-2008 school year,
251school districts that participate in the Merit Award Program
252under s. 1012.225, Florida Statutes, must be able to administer
253end-of-course examinations based on the Sunshine State Standards
254in order to measure a student's understanding and mastery of the
255entire course in all grade groupings and subjects for any year
256in which the districts participate in the program. The statewide
257standardized assessment, College Board Advanced Placement
258Examination, International Baccalaureate examination, Advanced
259International Certificate of Education examination, or
260examinations resulting in national industry certification
261recognized by the Agency for Workforce Innovation satisfy the
262requirements of this section for the respective grade groupings
263and subjects assessed by these examinations and assessments.
264     Section 3.  Paragraph (c) is added to subsection (2) of
265section 447.403, Florida Statutes, to read:
266     447.403  Resolution of impasses.--
267     (2)
268     (c)  If the district school board is the public employer
269and an impasse is declared under subsection (1) involving a
270dispute of a Merit Award Program plan under s. 1012.225, no
271mediator or special magistrate shall be appointed unless both
272parties agree to such an appointment. If a party does not agree
273to an appointment, the appointment shall be considered waived
274and the parties shall proceed directly to resolution of the
275impasse by the district school board pursuant to paragraph
276(4)(d).
277     Section 4.  From the general revenue funds appropriated
278pursuant to Specific Appropriation 91 in section 2 of chapter
2792006-25, Laws of Florida, the sum of $147,500,000 is rescinded
280and shall revert unallocated to the General Revenue Fund on the
281effective date of this section, and the following proviso
282language following Specific Appropriation 91 in section 2 of
283chapter 2006-25, Laws of Florida, is repealed:
284
285From the funds in Specific Appropriation 91, $147,500,000 is
286provided for the Special Teachers are Rewarded performance pay
287plan (STAR plan). Funds shall be distributed to school districts
288for performance pay rewards to instructional personnel as
289defined in section 1012.01(2) (a)-(d), Florida Statutes, in all
290K-12 schools in the district, in accordance with the
291requirements of section 1012.22, Florida Statutes. STAR Plan
292funds shall be allocated based on each district's proportion of
293the state total K-12 base funding, subject to review and
294approval by the State Board of Education of the district's STAR
295plan. The district's STAR plan may include information from the
296district's instructional personnel assessment system, and shall
297include instructional personnel evaluation based on the
298performance of their students. The Department of Education shall
299develop model methodologies that ensure fairness and equity for
300all instructional personnel, and shall provide technical
301assistance upon request.
302
303Each school district that chooses to participate in the STAR
304Plan shall submit its comprehensive STAR plan, which shall
305include rewards for elementary, middle, and high school
306instructional personnel, to the State Board of Education by
307December 31, 2006. Any charter school that does not follow the
308district's salary schedule may submit a separate proposal with
309the district's plan. Charter school proposals shall be included
310with the district plans or may be submitted independently if the
311district does not submit a plan. Districts that do not submit a
312plan by December 31, 2006, shall not be eligible to receive STAR
313Plan funds. The State Board shall review each district's STAR
314Plan within 45 days of receipt and shall approve the plan or
315request revisions. If requesting revisions, the State Board must
316identify the specific area(s) of the proposed plan needing
317revision. Districts must submit their revised plan by March 1,
3182007. The State Board shall review the revised plan and may
319either approve the revised plan or deny the district eligibility
320to receive STAR Plan funds for the 2006-2007 fiscal year. STAR
321Plan funds shall not be recalculated during the fiscal year
322except that funds allocated for districts that fail to adopt
323approved STAR Plans by April 1, 2007, shall be redistributed to
324those districts that have approved plans in place by the
325required date. The redistribution calculation shall be verified
326by the Florida Education Finance Program Appropriation
327Allocation Conference.
328
329District STAR Plans must meet the following guidelines:
330
3311.  Eligibility - All instructional personnel are automatically
332eligible to receive rewards for improved student achievement
333without having to apply.
334
3352.  Determination of number of rewards - The district plan shall
336utilize funds received under this program for rewards of at
337least 5 percent of the base pay of the best performing 25
338percent of instructional personnel. Districts shall use any
339remaining funds to provide bonuses to additional instructional
340personnel or school-based leaders pursuant to their plans.
341District school boards are encouraged to provide additional
342rewards to instructional personnel they determine to be
343outstanding. District school boards shall distribute funds for
344State Board approved charter school plans to charter schools
345based on each charter school's proportion of the district's
346total K-12 base funding.
347
3483.  Evaluation instrument - Each district school board shall
349select or develop an evaluation instrument. The instrument's
350primary determining factor shall be the evaluation of improved
351student achievement. The instrument's factors shall be scored
352using the following categories, or categories that are
353substantially similar in number and connotation: unsatisfactory,
354needs improvement, satisfactory, high-performing, and
355outstanding. Instructional personnel must receive no
356unsatisfactory or needs improvement ratings and may receive no
357more than one satisfactory rating on the areas evaluated in
358order to receive a reward.
359
3604.  Instructional personnel evaluation based on student
361performance - District school boards shall determine appropriate
362methods to evaluate instructional personnel based on the
363performance of their students. The methods must measure improved
364student achievement during the course of the school year; and
365must be approved by the State Board of Education.
366     a.  Evaluation of improved student achievement for
367instructional personnel linked by course numbers to instruction
368in reading or math shall be determined by a standardized test.
369     b.  Evaluation of improved student achievement for
370instructional personnel not linked by course numbers to
371instruction in reading or math shall be determined by
372instruments that measure the Sunshine State Standards for the
373area, including challenging grade-level content and critical
374thinking skills. District school boards shall develop methods to
375evaluate improved student achievement in specialized areas,
376including exceptional student education, fine arts, career and
377technical education, and other specialties so that all
378instructional personnel are eligible for rewards.
379     c.  Evaluation of improved student achievement for
380secondary instructional personnel linked by course number to
381instruction in social studies or science may be assessed by a
382standardized test; by linking improved student achievement in
383reading or mathematics of the students enrolled in the
384instructional personnel's social studies or science class, as
385measured by a standardized test; or by instruments that measure
386the Sunshine State Standards for the area, including challenging
387grade-level content and critical thinking skills.
388
389District school board STAR Plan proposals may include a
390methodology for performance pay rewards for district-selected
391school-based leaders who supervise or directly assist the
392instructional personnel whose student achievement results in a
393STAR Plan reward.
394     Section 5.  (1)  The recurring sum of $147,500,000 from the
395General Revenue Fund is appropriated to the Department of
396Education for the 2006-2007 fiscal year as a supplemental
397appropriation for Aid to Local Governments, Grants and Aids --
398Florida Education Finance Program. These funds shall be
399allocated among school districts based on each district's
400proportion of the state total K-12 base funding and shall be
401expended for any of the following purposes:
402     (a)  To fund Special Teachers Are Rewarded performance pay
403plans (STAR Plans) that are implemented based on proviso
404language following Specific Appropriation 91 in section 2 of
405chapter 2006-25, Laws of Florida, in effect as of July 1, 2006.
406A district that has been requested by the State Board of
407Education to submit a revised STAR Plan must submit its revised
408plan by May 1, 2007. The state board shall review the revised
409plan and may either approve the revised plan or deny the
410district eligibility to receive STAR Plan funds for the 2006-
4112007 fiscal year.
412     (b)  To fund performance pay policies adopted pursuant to
413s. 1012.22, Florida Statutes, if a district school board amends
414its policy to conform to s. 1012.225(1), (2), and (3), Florida
415Statutes, prior to the disbursement of funds. However, a school
416district that does not amend its plan as described in this
417paragraph may disburse funds only in an amount equal to the
418amount of funds the district disbursed under its policy for the
4192005-2006 school year.
420     (c)  To fund performance pay policies approved by the
421district school board which meet the requirements of s.
4221012.225(1), (2), and (3), Florida Statutes.
423     (2)  The amended policies adopted under paragraph (1)(b)
424and the policies adopted under paragraph (1)(c) are subject to
425negotiation as provided in chapter 447, Florida Statutes, except
426that if an impasse occurs pursuant to s. 447.403, Florida
427Statutes, a mediator or special magistrate shall be appointed
428only if both parties agree to such appointment. If a party does
429not agree to such appointment, the appointment shall be
430considered waived and the parties shall proceed directly to
431resolution of the impasse by the district school board pursuant
432to s. 447.403(4)(d), Florida Statutes. School districts
433receiving funds under this section must comply with s.
4341012.225(5)(c), Florida Statutes.
435     (3)  Each school district shall refund the undisbursed
436balance of its allotment from this appropriation as of September
4371, 2007, to the Department of Education. If such funds are not
438remitted to the department by October 1, 2007, the department
439shall withhold an equivalent amount from the district's
440allocation from the Florida Education Finance Program for the
4412007-2008 fiscal year.
442     Section 6.  Section 3 of chapter 2006-26, Laws of Florida,
443is repealed.
444     Section 7.  Effective June 30, 2007, s. 1012.22(1)(c)4.,
445Florida Statutes, is repealed. Rules adopted by the State Board
446of Education pursuant to s. 1012.22, Florida Statutes, which are
447in conflict with this act are suspended.
448     Section 8.  Except as otherwise expressly provided in this
449act, this act shall take effect upon becoming a law.


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