1 | A bill to be entitled |
2 | An act relating to a merit award program for district |
3 | school board employees; creating s. 1012.225, F.S.; |
4 | establishing the Merit Award Program for instructional |
5 | personnel and school-based administrators; requiring that |
6 | a district school board adopt a Merit Award Program plan |
7 | in order to receive funding under the program; authorizing |
8 | charter schools to participate in the program or adopt an |
9 | alternative plan; providing for the plan to be subject to |
10 | ch. 447, F.S., relating to collective bargaining; |
11 | providing for the reversion of funds that are not |
12 | distributed when a district or charter school chooses not |
13 | to adopt a plan; providing a formula for disbursing merit- |
14 | based pay supplements to high-performing employees; |
15 | requiring each school district to document to the |
16 | Department of Education the district's expenditures under |
17 | its plan; requiring that undisbursed funds be remitted to |
18 | the department; providing that the merit-based pay |
19 | supplements are in addition to other salary adjustments; |
20 | providing requirements for assessing instructional |
21 | personnel and school-based administrators which include |
22 | evaluating student and employee performance; requiring |
23 | district school boards to inform employees of the criteria |
24 | for evaluations under the plan; requiring the department |
25 | to provide technical assistance to school districts in |
26 | developing program plans and to disseminate best |
27 | practices; requiring each participating district school |
28 | board to submit its plan to the Commissioner of Education |
29 | for review; requiring the commissioner to identify |
30 | required revisions in a district's plan; requiring that |
31 | any revision made to a plan be reviewed by the |
32 | commissioner; requiring each school board to annually |
33 | document its compliance to the Commissioner of Education; |
34 | requiring a report to the Governor and the Legislature; |
35 | authorizing the State Board of Education to adopt rules; |
36 | requiring school districts to be able to administer end- |
37 | of-course examinations with certain exceptions; amending |
38 | s. 447.403, F.S.; providing a procedure for resolving an |
39 | impasse with respect to a dispute involving a Merit Award |
40 | Program plan; requiring that a specified portion of |
41 | general revenue funds revert to the General Revenue Fund; |
42 | repealing a specified portion of Specific Appropriation 91 |
43 | in s. 2, ch. 2006-25, Laws of Florida; providing an |
44 | appropriation and specifying purposes; repealing s. 3, ch. |
45 | 2006-26, Laws of Florida, relating to an implementing |
46 | provision for the Special Teachers Are Rewarded |
47 | performance pay plan (STAR Plan); repealing s. |
48 | 1012.22(1)(c)4., F.S., relating to a performance-pay |
49 | policy for school administrators and instructional |
50 | personnel; suspending rules adopted by the State Board of |
51 | Education that are in conflict with such provisions; |
52 | providing effective dates. |
53 |
|
54 | Be It Enacted by the Legislature of the State of Florida: |
55 |
|
56 | Section 1. Section 1012.225, Florida Statutes, is created |
57 | to read: |
58 | 1012.225 Merit Award Program for instructional personnel |
59 | and school-based administrators.-- |
60 | (1) ELIGIBILITY.--In order to be eligible for funding |
61 | under this section, a district school board must adopt a Merit |
62 | Award Program plan that provides for an assessment and a merit |
63 | award based on the performance of students assigned to the |
64 | employee's classroom or school pursuant to paragraph (3)(a) or |
65 | paragraph (3)(b). Charter schools may participate in the program |
66 | by using the district's Merit Award Program plan or may adopt an |
67 | alternative Merit Award Program plan as provided in paragraph |
68 | (5)(b). All instructional personnel, as defined in s. |
69 | 1012.01(2)(a)-(d), and school-based administrators, as defined |
70 | in s. 1012.01(3)(c), are eligible as individuals or as |
71 | instructional teams to receive merit awards, with the exception |
72 | of substitute teachers. In order to receive a merit award as an |
73 | instructional team under this section, team members must be |
74 | assessed on the performance of students assigned to the team |
75 | members' classrooms or within the members' sphere of academic |
76 | responsibility. The district school board may not require |
77 | instructional personnel or school-based administrators to apply |
78 | for an award, or make any presentation, in order to be assessed |
79 | for or receive a merit award. A plan is subject to negotiation |
80 | as provided in chapter 447. The Department of Education may not |
81 | distribute any portion of pro rata funding to a district, or to |
82 | a district for a charter school within the district, if the |
83 | district or charter school chooses not to adopt a Merit Award |
84 | Program plan under this section. Undistributed funds shall be |
85 | considered unobligated and shall revert to the fund from which |
86 | the appropriation was made in accordance with s. 216.301. |
87 | (2) PAY SUPPLEMENTS STRUCTURE.--Merit Award Program plans |
88 | shall provide for the annual disbursement of merit-based pay |
89 | supplements to high-performing employees in the manner described |
90 | in this subsection. |
91 | (a) Each Merit Award Program plan must designate the top |
92 | instructional personnel and school-based administrators to be |
93 | outstanding performers and pay to each such employee who remains |
94 | employed in a Florida public school, by September 1 of the |
95 | following school year, a merit-based pay supplement of at least |
96 | 5 percent of the average teacher's salary for that school |
97 | district not to exceed 10 percent of the average teacher's |
98 | salary for that school district. The amount of a merit award may |
99 | not be based on length of service or base salary. Pay |
100 | supplements shall be funded from moneys appropriated by the |
101 | Legislature under this section and from any additional funds |
102 | that are designated by the district for the Merit Award Program. |
103 | School districts are not required to implement this section |
104 | unless the program is specifically funded by the Legislature. By |
105 | October 1 of each year, each school district shall provide |
106 | documentation to the Department of Education concerning the |
107 | expenditure of legislative appropriations for merit-based pay, |
108 | and shall refund undisbursed appropriations to the department. |
109 | If such undisbursed funds are not remitted to the department by |
110 | November 1, the department shall withhold an equivalent amount |
111 | from the district's allocation of appropriations made under s. |
112 | 1011.62. |
113 | (b) A Merit Award Program plan may include additional pay |
114 | supplements under this section for employees who manifest |
115 | exemplary work attendance. |
116 | (c) Merit-based pay supplements shall be awarded in |
117 | addition to any general increase or other adjustments to |
118 | salaries which are made by a school district. An employee's |
119 | eligibility for or receipt of merit-based pay supplements shall |
120 | not adversely affect that employee's opportunity to qualify for |
121 | or to receive any other compensation that is made generally |
122 | available to other similarly situated district school board |
123 | employees. |
124 | (3) ASSESSMENT.-- |
125 | (a) The school district's assessment of an instructional |
126 | personnel staff member must consider the performance of students |
127 | assigned to his or her classroom or, in the case of co-teaching |
128 | or team teaching, within his or her sphere of academic |
129 | responsibility. |
130 | (b) The assessment of a school-based administrator must |
131 | consider the performance of students assigned to his or her |
132 | school. |
133 | (c) A district school board must evaluate student |
134 | performance for purposes of this section based upon student |
135 | academic proficiency or gains in learning or both, as measured |
136 | by statewide standardized tests, or, for subjects and grades |
137 | that are not measured by the statewide assessment program, by |
138 | national, state, or district-determined testing instruments that |
139 | measure the Sunshine State Standards, curriculum frameworks, or |
140 | course descriptions for the content area assigned and grade |
141 | level taught. This portion of the employee assessment shall be |
142 | weighted at not less than 60 percent of the overall evaluation. |
143 | (d) For purposes of this section, measures adopted by the |
144 | district school board to assess instructional personnel and |
145 | school-based administrators must balance student performance |
146 | based on academic proficiency and gains in learning so that top- |
147 | performing eligible employees have an opportunity to receive an |
148 | award under this section. |
149 | (e) Using assessment criteria adopted by the district |
150 | school board, a professional practices component for the |
151 | assessment of instructional personnel must be based on the |
152 | principal's assessment of the instructional personnel and the |
153 | assessment of school-based administrators must be based on the |
154 | district superintendent's assessment of the administrator. This |
155 | portion of the employee assessment shall be weighted at up to 40 |
156 | percent of the overall evaluation. Performance-related |
157 | assessment criteria adopted by the district school board for |
158 | personnel assessments by principals and superintendents shall |
159 | include: |
160 | 1. The ability to maintain appropriate discipline. |
161 | 2. The outstanding knowledge of subject matter, with the |
162 | ability to plan and deliver high-quality instruction and the |
163 | high-quality use of technology in the classroom. |
164 | 3. The ability to use diagnostic and assessment data and |
165 | design and to implement differentiated instructional strategies |
166 | in order to meet individual student needs for remediation or |
167 | acceleration. |
168 | 4. The ability to establish and maintain a positive |
169 | collaborative relationship with students' families for the |
170 | purpose of increasing student achievement. |
171 | 5. The Florida Educator Accomplished Practices and any |
172 | other professional competencies, responsibilities, and |
173 | requirements, as established by rules of the State Board of |
174 | Education and policies of the district school board. |
175 | 6. For school-based administrators, in addition to |
176 | subparagraphs 1.-5.: |
177 | a. The ability to manage human, financial, and material |
178 | resources so as to maximize the share of resources used for |
179 | direct instruction, as opposed to overhead or other purposes; |
180 | and |
181 | b. The ability to recruit and retain high-performing |
182 | teachers. |
183 | 7. Other appropriate factors identified by the district |
184 | school board. |
185 | (4) DUTIES.-- |
186 | (a) Each district school board shall inform its employees |
187 | of the criteria and procedures associated with the school |
188 | district's Merit Award Program plan. |
189 | (b)1. Upon request, the department shall provide technical |
190 | assistance to school districts for the purpose of aiding the |
191 | development of Merit Award Program plans. The advice and |
192 | recommendations offered by the department under this paragraph |
193 | are not subject to the requirements of chapter 120. |
194 | 2. The department shall collect and disseminate best |
195 | practices for district-determined testing instruments and Merit |
196 | Award Program plans. |
197 | (5) REVIEW OF PERFORMANCE-BASED PAY PLANS.-- |
198 | (a) Each participating district school board must submit |
199 | its Merit Award Program plan to the Commissioner of Education |
200 | for review by October 1 of each year. The plan must include the |
201 | negotiated, district-adopted plan or charter school adopted plan |
202 | if the district does not submit a plan intended for use in the |
203 | following year. The commissioner shall complete a review of each |
204 | plan submitted and determine compliance with the requirements of |
205 | this section by November 15 of each year. If a submitted plan |
206 | fails to meet the requirements of this section, the commissioner |
207 | must identify in writing the specific revisions that are |
208 | required. Revised plans must be finalized and resubmitted by a |
209 | school district, or by a charter school if the district does not |
210 | submit a plan, for the commissioner's review by January 31 of |
211 | each year. The commissioner shall certify those school district |
212 | or charter school plans that do not comply with this section to |
213 | the Governor, the President of the Senate, and the Speaker of |
214 | the House of Representatives by February 15 of each year. |
215 | (b) Any charter school that does not follow the school |
216 | district's salary schedule may adopt its own performance-based |
217 | plan in accordance with this section. Charter school proposals |
218 | shall be included with the school district plans or may be |
219 | submitted independently if the district does not submit a plan. |
220 | (c) Each district school board shall establish a procedure |
221 | to annually review both the assessment and compensation |
222 | components of its plan in order to determine compliance with |
223 | this section. After this review and by October 1 of each year, |
224 | the district school board shall submit a report to the |
225 | Commissioner of Education, along with supporting documentation |
226 | that will enable the commissioner to verify the district's |
227 | compliance with this section during the prior school year. The |
228 | commissioner shall submit a report to the Governor, the |
229 | President of the Senate, and the Speaker of the House of |
230 | Representatives certifying those school district or charter |
231 | school plans that do not comply with this section or whose plans |
232 | were not implemented in accordance with this section by December |
233 | 1 of each year. |
234 | (d) For purposes of the 2007-2008 school year, the plan |
235 | submitted as required in paragraph (a) applies to the 2007-2008 |
236 | school year as well as the 2008-2009 school year. Thereafter, |
237 | all plans submitted and approved within the timelines set forth |
238 | in paragraph (a) apply to the following school year. |
239 | (6) SUBSEQUENT REVISIONS OF APPROVED PLANS.--Any revision |
240 | to an approved Merit Award Program plan must be approved by the |
241 | district school board and reviewed by the commissioner to |
242 | determine compliance with this section. |
243 | (7) RULEMAKING.--The State Board of Education shall adopt |
244 | rules relating to the calculation of average teacher salaries |
245 | per district, reporting formats, and the review of plan |
246 | procedures pursuant to ss. 120.536(1) and 120.54 for purposes of |
247 | administering this section. The State Board of Education must |
248 | initiate the rulemaking process within 30 days after this |
249 | section becomes law. |
250 | Section 2. Beginning with the 2007-2008 school year, |
251 | school districts that participate in the Merit Award Program |
252 | under s. 1012.225, Florida Statutes, must be able to administer |
253 | end-of-course examinations based on the Sunshine State Standards |
254 | in order to measure a student's understanding and mastery of the |
255 | entire course in all grade groupings and subjects for any year |
256 | in which the districts participate in the program. The statewide |
257 | standardized assessment, College Board Advanced Placement |
258 | Examination, International Baccalaureate examination, Advanced |
259 | International Certificate of Education examination, or |
260 | examinations resulting in national industry certification |
261 | recognized by the Agency for Workforce Innovation satisfy the |
262 | requirements of this section for the respective grade groupings |
263 | and subjects assessed by these examinations and assessments. |
264 | Section 3. Paragraph (c) is added to subsection (2) of |
265 | section 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 |
269 | and an impasse is declared under subsection (1) involving a |
270 | dispute of a Merit Award Program plan under s. 1012.225, no |
271 | mediator or special magistrate shall be appointed unless both |
272 | parties agree to such an appointment. If a party does not agree |
273 | to an appointment, the appointment shall be considered waived |
274 | and the parties shall proceed directly to resolution of the |
275 | impasse by the district school board pursuant to paragraph |
276 | (4)(d). |
277 | Section 4. From the general revenue funds appropriated |
278 | pursuant to Specific Appropriation 91 in section 2 of chapter |
279 | 2006-25, Laws of Florida, the sum of $147,500,000 is rescinded |
280 | and $130,517,222 shall revert unallocated to the General Revenue |
281 | Fund and $16,982,778 shall revert unallocated to the Principal |
282 | State School Trust Fund on the effective date of this section, |
283 | and the following proviso language following Specific |
284 | Appropriation 91 in section 2 of chapter 2006-25, Laws of |
285 | Florida, is repealed: |
286 |
|
287 | From the funds in Specific Appropriation 91, $147,500,000 is |
288 | provided for the Special Teachers are Rewarded performance pay |
289 | plan (STAR plan). Funds shall be distributed to school districts |
290 | for performance pay rewards to instructional personnel as |
291 | defined in section 1012.01(2) (a)-(d), Florida Statutes, in all |
292 | K-12 schools in the district, in accordance with the |
293 | requirements of section 1012.22, Florida Statutes. STAR Plan |
294 | funds shall be allocated based on each district's proportion of |
295 | the state total K-12 base funding, subject to review and |
296 | approval by the State Board of Education of the district's STAR |
297 | plan. The district's STAR plan may include information from the |
298 | district's instructional personnel assessment system, and shall |
299 | include instructional personnel evaluation based on the |
300 | performance of their students. The Department of Education shall |
301 | develop model methodologies that ensure fairness and equity for |
302 | all instructional personnel, and shall provide technical |
303 | assistance upon request. |
304 |
|
305 | Each school district that chooses to participate in the STAR |
306 | Plan shall submit its comprehensive STAR plan, which shall |
307 | include rewards for elementary, middle, and high school |
308 | instructional personnel, to the State Board of Education by |
309 | December 31, 2006. Any charter school that does not follow the |
310 | district's salary schedule may submit a separate proposal with |
311 | the district's plan. Charter school proposals shall be included |
312 | with the district plans or may be submitted independently if the |
313 | district does not submit a plan. Districts that do not submit a |
314 | plan by December 31, 2006, shall not be eligible to receive STAR |
315 | Plan funds. The State Board shall review each district's STAR |
316 | Plan within 45 days of receipt and shall approve the plan or |
317 | request revisions. If requesting revisions, the State Board must |
318 | identify the specific area(s) of the proposed plan needing |
319 | revision. Districts must submit their revised plan by March 1, |
320 | 2007. The State Board shall review the revised plan and may |
321 | either approve the revised plan or deny the district eligibility |
322 | to receive STAR Plan funds for the 2006-2007 fiscal year. STAR |
323 | Plan funds shall not be recalculated during the fiscal year |
324 | except that funds allocated for districts that fail to adopt |
325 | approved STAR Plans by April 1, 2007, shall be redistributed to |
326 | those districts that have approved plans in place by the |
327 | required date. The redistribution calculation shall be verified |
328 | by the Florida Education Finance Program Appropriation |
329 | Allocation Conference. |
330 |
|
331 | District STAR Plans must meet the following guidelines: |
332 |
|
333 | 1. Eligibility - All instructional personnel are automatically |
334 | eligible to receive rewards for improved student achievement |
335 | without having to apply. |
336 |
|
337 | 2. Determination of number of rewards - The district plan shall |
338 | utilize funds received under this program for rewards of at |
339 | least 5 percent of the base pay of the best performing 25 |
340 | percent of instructional personnel. Districts shall use any |
341 | remaining funds to provide bonuses to additional instructional |
342 | personnel or school-based leaders pursuant to their plans. |
343 | District school boards are encouraged to provide additional |
344 | rewards to instructional personnel they determine to be |
345 | outstanding. District school boards shall distribute funds for |
346 | State Board approved charter school plans to charter schools |
347 | based on each charter school's proportion of the district's |
348 | total K-12 base funding. |
349 |
|
350 | 3. Evaluation instrument - Each district school board shall |
351 | select or develop an evaluation instrument. The instrument's |
352 | primary determining factor shall be the evaluation of improved |
353 | student achievement. The instrument's factors shall be scored |
354 | using the following categories, or categories that are |
355 | substantially similar in number and connotation: unsatisfactory, |
356 | needs improvement, satisfactory, high-performing, and |
357 | outstanding. Instructional personnel must receive no |
358 | unsatisfactory or needs improvement ratings and may receive no |
359 | more than one satisfactory rating on the areas evaluated in |
360 | order to receive a reward. |
361 |
|
362 | 4. Instructional personnel evaluation based on student |
363 | performance - District school boards shall determine appropriate |
364 | methods to evaluate instructional personnel based on the |
365 | performance of their students. The methods must measure improved |
366 | student achievement during the course of the school year; and |
367 | must be approved by the State Board of Education. |
368 | a. Evaluation of improved student achievement for |
369 | instructional personnel linked by course numbers to instruction |
370 | in reading or math shall be determined by a standardized test. |
371 | b. Evaluation of improved student achievement for |
372 | instructional personnel not linked by course numbers to |
373 | instruction in reading or math shall be determined by |
374 | instruments that measure the Sunshine State Standards for the |
375 | area, including challenging grade-level content and critical |
376 | thinking skills. District school boards shall develop methods to |
377 | evaluate improved student achievement in specialized areas, |
378 | including exceptional student education, fine arts, career and |
379 | technical education, and other specialties so that all |
380 | instructional personnel are eligible for rewards. |
381 | c. Evaluation of improved student achievement for |
382 | secondary instructional personnel linked by course number to |
383 | instruction in social studies or science may be assessed by a |
384 | standardized test; by linking improved student achievement in |
385 | reading or mathematics of the students enrolled in the |
386 | instructional personnel's social studies or science class, as |
387 | measured by a standardized test; or by instruments that measure |
388 | the Sunshine State Standards for the area, including challenging |
389 | grade-level content and critical thinking skills. |
390 |
|
391 | District school board STAR Plan proposals may include a |
392 | methodology for performance pay rewards for district-selected |
393 | school-based leaders who supervise or directly assist the |
394 | instructional personnel whose student achievement results in a |
395 | STAR Plan reward. |
396 | Section 5. (1) The recurring sum of $130,517,222 from the |
397 | General Revenue Fund and the nonrecurring sum of $16,982,778 |
398 | from the Principal State School Trust Fund is appropriated to |
399 | the Department of Education for the 2006-2007 fiscal year as a |
400 | supplemental appropriation for Aid to Local Governments, Grants |
401 | and Aids -- Florida Education Finance Program. These funds shall |
402 | be allocated among school districts based on each district's |
403 | proportion of the state total K-12 base funding and shall be |
404 | expended for any of the following purposes: |
405 | (a) To fund Special Teachers Are Rewarded performance pay |
406 | plans (STAR Plans) that are implemented based on proviso |
407 | language following Specific Appropriation 91 in section 2 of |
408 | chapter 2006-25, Laws of Florida, in effect as of July 1, 2006. |
409 | A district that has been requested by the State Board of |
410 | Education to submit a revised STAR Plan must submit its revised |
411 | plan by May 1, 2007. The state board shall review the revised |
412 | plan and may either approve the revised plan or deny the |
413 | district eligibility to receive STAR Plan funds for the 2006- |
414 | 2007 fiscal year. |
415 | (b) To fund performance pay policies adopted pursuant to |
416 | s. 1012.22, Florida Statutes, if a district school board amends |
417 | its policy to conform to s. 1012.225(1), (2), and (3), Florida |
418 | Statutes, prior to the disbursement of funds. However, a school |
419 | district that does not amend its plan as described in this |
420 | paragraph may disburse funds only in an amount equal to the |
421 | amount of funds the district disbursed under its policy for the |
422 | 2005-2006 school year. |
423 | (c) To fund performance pay policies approved by the |
424 | district school board which meet the requirements of s. |
425 | 1012.225(1), (2), and (3), Florida Statutes. |
426 | (2) The amended policies adopted under paragraph (1)(b) |
427 | and the policies adopted under paragraph (1)(c) are subject to |
428 | negotiation as provided in chapter 447, Florida Statutes, except |
429 | that if an impasse occurs pursuant to s. 447.403, Florida |
430 | Statutes, a mediator or special magistrate shall be appointed |
431 | only if both parties agree to such appointment. If a party does |
432 | not agree to such appointment, the appointment shall be |
433 | considered waived and the parties shall proceed directly to |
434 | resolution of the impasse by the district school board pursuant |
435 | to s. 447.403(4)(d), Florida Statutes. School districts |
436 | receiving funds under this section must comply with s. |
437 | 1012.225(5)(c), Florida Statutes. |
438 | (3) Each school district shall refund the undisbursed |
439 | balance of its allotment from this appropriation as of September |
440 | 1, 2007, to the Department of Education. If such funds are not |
441 | remitted to the department by October 1, 2007, the department |
442 | shall withhold an equivalent amount from the district's |
443 | allocation from the Florida Education Finance Program for the |
444 | 2007-2008 fiscal year. |
445 | Section 6. Section 3 of chapter 2006-26, Laws of Florida, |
446 | is repealed. |
447 | Section 7. Effective June 30, 2007, s. 1012.22(1)(c)4., |
448 | Florida Statutes, is repealed. Rules adopted by the State Board |
449 | of Education pursuant to s. 1012.22, Florida Statutes, which are |
450 | in conflict with this act are suspended. |
451 | Section 8. Except as otherwise expressly provided in this |
452 | act, this act shall take effect upon becoming a law. |