HB 7019

A bill to be entitled
2An act relating to education personnel; providing a short
3title; amending s. 1012.34, F.S.; revising provisions
4relating to the evaluation of instructional personnel and
5school administrators; requiring the Department of
6Education to approve each school district's instructional
7personnel and school administrator evaluation systems;
8requiring reporting by the Commissioner of Education
9relating to the evaluation systems; providing requirements
10and revising procedures and criteria for the evaluation
11systems; requiring the commissioner to approve or select
12and the State Board of Education to adopt formulas for
13school districts to use in measuring student learning
14growth; requiring the state board to adopt rules relating
15to standards and measures for implementation of the
16evaluation systems; amending s. 1008.22, F.S.; requiring
17school districts to administer assessments for each course
18offered in the district; requiring the commissioner to
19identify methods to assist school districts; amending s.
201012.22, F.S.; revising provisions relating to
21instructional personnel and school administrator
22compensation and salary schedules; providing requirements
23for a performance salary schedule, a grandfathered salary
24schedule, adjustments, and supplements; revising criteria
25for the promotion of instructional personnel; creating s.
261012.335, F.S.; providing criteria for employment
27contracts for instructional personnel hired on or after
28July 1, 2011; providing definitions; providing grounds for
29suspension or dismissal; requiring rules to define the
30term "just cause"; providing that certain individuals who
31are hired as instructional personnel are ineligible for
32contracts issued under s. 1012.33, F.S.; amending s.
331002.33, F.S.; requiring charter schools to comply with
34provisions relating to compensation and salary schedules,
35workforce reductions, contracts with instructional
36personnel hired on or after July 1, 2011, and certain
37requirements for performance evaluations; amending s.
381003.621, F.S.; requiring academically high-performing
39school districts to comply with additional requirements
40for personnel; amending s. 1006.09, F.S.; conforming
41provisions to changes made by the act; amending s.
421012.07, F.S.; revising the methodology for determining
43critical teacher shortage areas; amending s. 1012.2315,
44F.S.; providing reporting requirements relating to
45instructional personnel and school administrator
46performance; amending s. 1012.27, F.S.; revising the
47criteria for transferring a teacher; conforming provisions
48to changes made by the act; amending s. 1012.28, F.S.;
49authorizing a principal to refuse to accept the placement
50or transfer of instructional personnel under certain
51circumstances; amending s. 1012.33, F.S.; revising
52provisions relating to contracts with certain education
53personnel; revising just cause grounds for dismissal;
54revising provisions relating to contract renewal; deleting
55provisions to conform to changes made by the act;
56requiring that a district school board's decision to
57retain personnel be primarily based on the employee's
58performance; repealing s. 1012.52, F.S., relating to
59legislative intent and findings to improve student
60achievement and teacher quality; amending s. 1012.795,
61F.S.; conforming provisions to changes made by the act;
62authorizing exemption from requirements for performance
63evaluation systems and compensation and salary schedules
64for certain school districts; providing requirements for
65State Board of Education approval and renewal of
66exemptions; providing for review and repeal; providing
67that specified provisions of law do not apply to
68rulemaking required to administer the act; providing for
69the repeal of certain special acts or general laws of
70local application relating to contracts for instructional
71personnel or school administrators; providing for
72application of specified provisions of the act; providing
73for severability; providing effective dates.
75Be It Enacted by the Legislature of the State of Florida:
77     Section 1.  This act may be cited as the "Student Success
79     Section 2.  Effective upon this act becoming a law, section
801012.34, Florida Statutes, is amended to read:
81     1012.34  Personnel evaluation Assessment procedures and
84     (a)  For the purpose of increasing student learning growth
85by improving the quality of instructional, administrative, and
86supervisory services in the public schools of the state, the
87district school superintendent shall establish procedures for
88evaluating assessing the performance of duties and
89responsibilities of all instructional, administrative, and
90supervisory personnel employed by the school district. The
91district school superintendent shall annually report the
92evaluation results of instructional personnel and school
93administrators to the Department of Education in addition to the
94information required under subsection (5).
95     (b)  The department of Education must approve each school
96district's instructional personnel and school administrator
97evaluation systems assessment system. The department shall
98monitor each district's implementation of its instructional
99personnel and school administrator evaluation systems for
100compliance with the requirements of this section.
101     (c)  By December 1, 2012, the Commissioner of Education
102shall report to the Governor, the President of the Senate, and
103the Speaker of the House of Representatives the approval and
104implementation status of each school district's instructional
105personnel and school administrator evaluation systems. The
106report shall include performance evaluation results for the
107prior school year for instructional personnel and school
108administrators using the four levels of performance specified in
109paragraph (2)(e). The performance evaluation results for
110instructional personnel shall be disaggregated by classroom
111teachers, as defined in s. 1012.01(2)(a), excluding substitute
112teachers, and all other instructional personnel, as defined in
113s. 1012.01(2)(b)-(d). The commissioner shall continue to report,
114by December 1 each year thereafter, each school district's
115performance evaluation results and the status of any evaluation
116system revisions requested by a school district pursuant to
117subsection (6).
118     (2)  EVALUATION SYSTEM REQUIREMENTS.-The evaluation systems
119for instructional personnel and school administrators must
120following conditions must be considered in the design of the
121district's instructional personnel assessment system:
122     (a)  The system must Be designed to support effective
123instruction and student learning growth, and performance
124evaluation results must be used when developing district and
125school level improvement plans.
126     (b)  The system must Provide appropriate instruments,
127procedures, and criteria for continuous quality improvement of
128the professional skills of instructional personnel and school
129administrators, and performance evaluation results must be used
130when identifying professional development opportunities.
131     (c)  The system must Include a mechanism to examine
132performance data from multiple sources, including opportunities
133for give parents an opportunity to provide input into employee
134performance evaluations assessments when appropriate.
135     (d)  Identify In addition to addressing generic teaching
136competencies, districts must determine those teaching fields for
137which special evaluation procedures and criteria are necessary
138will be developed.
139     (e)  Differentiate among four levels of performance as
141     1.  Highly effective.
142     2.  Effective.
143     3.  Needs improvement or, for instructional personnel in
144the first 3 years of employment who need improvement,
146     4.  Unsatisfactory. Each district school board may
147establish a peer assistance process. The plan may provide a
148mechanism for assistance of persons who are placed on
149performance probation as well as offer assistance to other
150employees who request it.
151     (f)  The district school board shall Provide for training
152programs that are based upon guidelines provided by the
153department of Education to ensure that all individuals with
154evaluation responsibilities understand the proper use of the
155evaluation assessment criteria and procedures.
156     (g)  Include a process for monitoring and evaluating the
157effective and consistent use of the evaluation criteria by
158employees with evaluation responsibilities.
159     (h)  Include a process for monitoring and evaluating the
160effectiveness of the system itself in improving instruction and
161student learning.
163In addition, each district school board may establish a peer
164assistance process. This process may be a part of the regular
165evaluation system or used to assist employees placed on
166performance probation, newly hired classroom teachers, or
167employees who request assistance.
169procedure for Instructional personnel and school administrator
170performance evaluations administrators must be primarily based
171upon on the performance of students assigned to their classrooms
172or schools, as provided in this section appropriate. Pursuant to
173this section, a school district's performance evaluation
174assessment is not limited to basing unsatisfactory performance
175of instructional personnel and school administrators solely upon
176student performance, but may include other criteria approved to
177evaluate assess instructional personnel and school
178administrators' performance, or any combination of student
179performance and other approved criteria. Evaluation The
180procedures and criteria must comply with, but are not limited
181to, the following requirements:
182     (a)  A performance evaluation An assessment must be
183conducted for each employee at least once a year, except that a
184classroom teacher, as defined in s. 1012.01(2)(a), excluding
185substitute teachers, who is newly hired by the district school
186board must be observed and evaluated at least twice in the first
187year of teaching in the school district. The performance
188evaluation assessment must be based upon sound educational
189principles and contemporary research in effective educational
190practices. The assessment must primarily use data and indicators
191of improvement in student performance assessed annually as
192specified in s. 1008.22 and may consider results of peer reviews
193in evaluating the employee's performance. Student performance
194must be measured by state assessments required under s. 1008.22
195and by local assessments for subjects and grade levels not
196measured by the state assessment program. The evaluation
197assessment criteria must include, but are not limited to,
198indicators that relate to the following:
199     1.  Performance of students. At least 50 percent of a
200performance evaluation must be based upon data and indicators of
201student learning growth assessed annually by statewide
202assessments or, for subjects and grade levels not measured by
203statewide assessments, by school district assessments as
204provided in s. 1008.22(8). Each school district must use the
205formula adopted pursuant to paragraph (7)(a) for measuring
206student learning growth in all courses associated with statewide
207assessments and must select an equally appropriate formula for
208measuring student learning growth for all other grades and
209subjects, except as otherwise provided in subsection (7).
210     a.  For classroom teachers, as defined in s. 1012.01(2)(a),
211excluding substitute teachers, the student learning growth
212portion of the evaluation must include growth data for students
213assigned to the teacher over the course of at least 3 years. If
214less than 3 years of data are available, the years for which
215data are available must be used and the percentage of the
216evaluation based upon student learning growth may be reduced to
217not less than 40 percent.
218     b.  For instructional personnel who are not classroom
219teachers, the student learning growth portion of the evaluation
220must include growth data on statewide assessments for students
221assigned to the instructional personnel over the course of at
222least 3 years, or may include a combination of student learning
223growth data and other measureable student outcomes that are
224specific to the assigned position, provided that the student
225learning growth data accounts for not less than 30 percent of
226the evaluation. If less than 3 years of student growth data are
227available, the years for which data are available must be used
228and the percentage of the evaluation based upon student learning
229growth may be reduced to not less than 20 percent.
230     c.  For school administrators, the student learning growth
231portion of the evaluation must include growth data for students
232assigned to the school over the course of at least 3 years. If
233less than 3 years of data are available, the years for which
234data are available must be used and the percentage of the
235evaluation based upon student learning growth may be reduced to
236not less than 40 percent.
237     2.  Instructional practice. Evaluation criteria used when
238annually observing classroom teachers, as defined in s.
2391012.01(2)(a), excluding substitute teachers, must include
240indicators based upon each of the Florida Educator Accomplished
241Practices adopted by the State Board of Education. For
242instructional personnel who are not classroom teachers,
243evaluation criteria must be based upon indicators of the Florida
244Educator Accomplished Practices and may include specific job
245expectations related to student support.
246     3.  Instructional leadership. For school administrators,
247evaluation criteria must include indicators based upon each of
248the leadership standards adopted by the State Board of Education
249pursuant to s. 1012.986, including performance measures related
250to the effectiveness of classroom teachers in the school, the
251administrator's appropriate use of evaluation criteria and
252procedures, recruitment and retention of effective and highly
253effective classroom teachers, improvement in the percentage of
254instructional personnel evaluated at the highly effective or
255effective level, and other leadership practices that result in
256student learning growth. The system may include a means to give
257parents and instructional personnel an opportunity to provide
258input into the administrator's performance evaluation.
259     4.  Professional and job responsibilities. For
260instructional personnel and school administrators, other
261professional and job responsibilities must be included as
262adopted by the State Board of Education. The district school
263board may identify additional professional and job
265     2.  Ability to maintain appropriate discipline.
266     3.  Knowledge of subject matter. The district school board
267shall make special provisions for evaluating teachers who are
268assigned to teach out-of-field.
269     4.  Ability to plan and deliver instruction and the use of
270technology in the classroom.
271     5.  Ability to evaluate instructional needs.
272     6.  Ability to establish and maintain a positive
273collaborative relationship with students' families to increase
274student achievement.
275     7.  Other professional competencies, responsibilities, and
276requirements as established by rules of the State Board of
277Education and policies of the district school board.
278     (b)  All personnel must be fully informed of the criteria
279and procedures associated with the evaluation assessment process
280before the evaluation assessment takes place.
281     (c)  The individual responsible for supervising the
282employee must evaluate assess the employee's performance. The
283evaluation system may provide for the evaluator to consider
284input from other personnel trained under paragraph (2)(f). The
285evaluator must submit a written report of the evaluation
286assessment to the district school superintendent for the purpose
287of reviewing the employee's contract. The evaluator must submit
288the written report to the employee no later than 10 days after
289the evaluation assessment takes place. The evaluator must
290discuss the written evaluation report of assessment with the
291employee. The employee shall have the right to initiate a
292written response to the evaluation assessment, and the response
293shall become a permanent attachment to his or her personnel
295     (d)  The evaluator may amend an evaluation based upon
296assessment data from the current school year if the data becomes
297available within 90 days after the close of the school year. The
298evaluator must then comply with the procedures set forth in
299paragraph (c).
301employee who holds a professional service contract as provided
302in s. 1012.33 is not performing his or her duties in a
303satisfactory manner, the evaluator shall notify the employee in
304writing of such determination. The notice must describe such
305unsatisfactory performance and include notice of the following
306procedural requirements:
307     (a)1.  Upon delivery of a notice of unsatisfactory
308performance, the evaluator must confer with the employee who
309holds a professional service contract, make recommendations with
310respect to specific areas of unsatisfactory performance, and
311provide assistance in helping to correct deficiencies within a
312prescribed period of time.
313     (b)1.2.a.  If The employee who holds a professional service
314contract as provided in s. 1012.33, the employee shall be placed
315on performance probation and governed by the provisions of this
316section for 90 calendar days following the receipt of the notice
317of unsatisfactory performance to demonstrate corrective action.
318School holidays and school vacation periods are not counted when
319calculating the 90-calendar-day period. During the 90 calendar
320days, the employee who holds a professional service contract
321must be evaluated periodically and apprised of progress achieved
322and must be provided assistance and inservice training
323opportunities to help correct the noted performance
324deficiencies. At any time during the 90 calendar days, the
325employee who holds a professional service contract may request a
326transfer to another appropriate position with a different
327supervising administrator; however, if a transfer is granted
328pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend
329the period for correcting performance deficiencies.
330     2.b.  Within 14 days after the close of the 90 calendar
331days, the evaluator must evaluate assess whether the performance
332deficiencies have been corrected and forward a recommendation to
333the district school superintendent. Within 14 days after
334receiving the evaluator's recommendation, the district school
335superintendent must notify the employee who holds a professional
336service contract in writing whether the performance deficiencies
337have been satisfactorily corrected and whether the district
338school superintendent will recommend that the district school
339board continue or terminate his or her employment contract. If
340the employee wishes to contest the district school
341superintendent's recommendation, the employee must, within 15
342days after receipt of the district school superintendent's
343recommendation, submit a written request for a hearing. The
344hearing shall be conducted at the district school board's
345election in accordance with one of the following procedures:
346     a.(I)  A direct hearing conducted by the district school
347board within 60 days after receipt of the written appeal. The
348hearing shall be conducted in accordance with the provisions of
349ss. 120.569 and 120.57. A majority vote of the membership of the
350district school board shall be required to sustain the district
351school superintendent's recommendation. The determination of the
352district school board shall be final as to the sufficiency or
353insufficiency of the grounds for termination of employment; or
354     b.(II)  A hearing conducted by an administrative law judge
355assigned by the Division of Administrative Hearings of the
356Department of Management Services. The hearing shall be
357conducted within 60 days after receipt of the written appeal in
358accordance with chapter 120. The recommendation of the
359administrative law judge shall be made to the district school
360board. A majority vote of the membership of the district school
361board shall be required to sustain or change the administrative
362law judge's recommendation. The determination of the district
363school board shall be final as to the sufficiency or
364insufficiency of the grounds for termination of employment.
365     (5)(4)  ADDITIONAL NOTIFICATIONS.-The district school
366superintendent shall annually notify the department of any
367instructional personnel or school administrators who receive two
368consecutive unsatisfactory evaluations. The district school
369superintendent shall also notify the department of any
370instructional personnel or school administrators and who are
371have been given written notice by the district of intent to
372terminate or not renew that their employment is being terminated
373or is not being renewed or that the district school board
374intends to terminate, or not renew, their employment. The
375department shall conduct an investigation to determine whether
376action shall be taken against the certificateholder pursuant to
377s. 1012.795(1)(c).
378     (5)  The district school superintendent shall develop a
379mechanism for evaluating the effective use of assessment
380criteria and evaluation procedures by administrators who are
381assigned responsibility for evaluating the performance of
382instructional personnel. The use of the assessment and
383evaluation procedures shall be considered as part of the annual
384assessment of the administrator's performance. The system must
385include a mechanism to give parents and teachers an opportunity
386to provide input into the administrator's performance
387assessment, when appropriate.
388     (6)  Nothing in this section shall be construed to grant a
389probationary employee a right to continued employment beyond the
390term of his or her contract.
392DISTRICT EVALUATION SYSTEMS.-The district school board shall
393establish a procedure for annually reviewing instructional
394personnel and school administrator evaluation assessment systems
395to determine compliance with this section. All substantial
396revisions to an approved system must be reviewed and approved by
397the district school board before being used to evaluate assess
398instructional personnel or school administrators. Upon request
399by a school district, the department shall provide assistance in
400developing, improving, or reviewing an evaluation assessment
403     (a)  By June 1, 2011, the Commissioner of Education shall
404approve a formula to measure individual student learning growth
405on the Florida Comprehensive Assessment Test (FCAT) administered
406pursuant to s. 1008.22(3)(c)1. The formula must take into
407consideration each student's prior academic performance. The
408formula must not set different expectations for student learning
409growth based upon a student's gender, race, ethnicity, or
410socioeconomic status. In the development of the formula, the
411commissioner shall consider other factors such as a student's
412attendance record, disability status, or status as an English
413language learner. The commissioner shall select additional
414formulas as appropriate for the remainder of the statewide
415assessments included under s. 1008.22 and continue to select
416formulas as new assessments are implemented in the state system.
417After the commissioner approves the formula to measure
418individual student learning growth on the FCAT and as additional
419formulas are selected by the commissioner for new assessments
420implemented in the state system, the State Board of Education
421shall adopt these formulas by rule.
422     (b)  Beginning in the 2011-2012 school year, each school
423district shall measure student learning growth using the formula
424approved by the commissioner under paragraph (a) for courses
425associated with the FCAT. Each school district shall implement
426the additional student learning growth measures selected by the
427commissioner under paragraph (a) for the remainder of the
428statewide assessments included under s. 1008.22 as they become
429available. Beginning in the 2014-2015 school year, for grades
430and subjects not assessed by statewide assessments but otherwise
431assessed as required under s. 1008.22(8), each school district
432shall measure student learning growth using an equally
433appropriate formula. The department shall provide models for
434measuring student learning growth which school districts may
436     (c)  For a course that is not measured by a statewide
437assessment, a school district may request, through the
438evaluation system approval process, to use a student achievement
439measure rather than a student learning growth measure if
440achievement is demonstrated to be a more appropriate measure of
441classroom teacher performance. A school district may also
442request to use a combination of student learning growth and
443achievement, if appropriate.
444     (d)  If the student learning growth in a course is not
445measured by a statewide assessment but is measured by a school
446district assessment, a school district may request, through the
447evaluation system approval process, that the performance
448evaluation for the classroom teacher assigned to that course
449include the learning growth of his or her students on FCAT
450Reading or FCAT Mathematics. The request must clearly explain
451the rationale supporting the request. However, the classroom
452teacher's performance evaluation must give greater weight to
453student learning growth on the district assessment.
454     (e)  For classroom teachers of courses for which the
455district has not implemented appropriate assessments under s.
4561008.22(8) or for which the school district has not adopted an
457equally appropriate measure of student learning growth under
458paragraphs (b)-(d), student learning growth must be measured by
459the growth in learning of the classroom teacher's students on
460statewide assessments, or, for courses in which enrolled
461students do not take the statewide assessments, measurable
462learning targets must be established based upon the goals of the
463school improvement plan and approved by the school principal. A
464district school superintendent may assign to instructional
465personnel in an instructional team the student learning growth
466of the instructional team's students on statewide assessments.
467This paragraph expires July 1, 2015.
468     (8)  RULEMAKING.-The State Board of Education shall adopt
469rules pursuant to ss. 120.536(1) and 120.54 which, that
470establish uniform procedures guidelines for the submission,
471review, and approval of district evaluation systems and
472reporting requirements procedures for the annual evaluation
473assessment of instructional personnel and school administrators;
474specific, discrete standards for each performance level required
475under subsection (2) to ensure clear and sufficient
476differentiation in the performance levels and to provide
477consistency in meaning across school districts; the measurement
478of student learning growth and associated implementation
479procedures required under subsection (7); and a process for
480monitoring school district implementation of evaluation systems
481in accordance with this section that include criteria for
482evaluating professional performance. Specifically, the rules
483shall establish a student learning growth standard that, if not
484met, will result in the employee receiving an unsatisfactory
485performance evaluation rating. In like manner, the rules shall
486establish a student learning growth standard that must be met in
487order for an employee to receive a highly effective rating and a
488student learning growth standard that must be met in order for
489an employee to receive an effective rating.
490     Section 3.  Subsection (8) of section 1008.22, Florida
491Statutes, is amended to read:
492     1008.22  Student assessment program for public schools.-
494     (a)  Measurement of the learning gains of students in all
495subjects and grade levels other than subjects and grade levels
496required for the state student achievement testing program is
497the responsibility of the school districts.
498     (b)  Beginning with the 2014-2015 school year, each school
499district shall administer for each course offered in the
500district a student assessment that measures mastery of the
501content, as described in the state-adopted course description,
502at the necessary level of rigor for the course. Such assessments
503may include:
504     1.  Statewide assessments.
505     2.  Other standardized assessments, including nationally
506recognized standardized assessments.
507     3.  Industry certification examinations.
508     4.  District-developed or district-selected end-of-course
510     (c)  The Commissioner of Education shall identify methods
511to assist and support districts in the development and
512acquisition of assessments required under this subsection.
513Methods may include developing item banks, facilitating the
514sharing of developed tests among school districts, acquiring
515assessments from state and national curriculum-area
516organizations, and providing technical assistance in best
517professional practices of test development based upon state-
518adopted curriculum standards, administration, and security.
519     Section 4.  Paragraphs (c) and (e) of subsection (1) of
520section 1012.22, Florida Statutes, are amended to read:
521     1012.22  Public school personnel; powers and duties of the
522district school board.-The district school board shall:
523     (1)  Designate positions to be filled, prescribe
524qualifications for those positions, and provide for the
525appointment, compensation, promotion, suspension, and dismissal
526of employees as follows, subject to the requirements of this
528     (c)  Compensation and salary schedules.-
529     1.  Definitions.-As used in this paragraph:
530     a.  "Adjustment" means an addition to the base salary
531schedule that is not a bonus and becomes part of the employee's
532permanent base salary and shall be considered compensation under
533s. 121.021(22).
534     b.  "Grandfathered salary schedule" means the salary
535schedule or schedules adopted by a district school board before
536July 1, 2014, pursuant to subparagraph 4.
537     c.  "Instructional personnel" means instructional personnel
538as defined in s. 1012.01(2)(a)-(d), excluding substitute
540     d.  "Performance salary schedule" means the salary schedule
541or schedules adopted by a district school board pursuant to
542subparagraph 5.
543     e.  "Salary schedule" means the schedule or schedules used
544to provide the base salary for district school board personnel.
545     f.  "School administrator" means a school administrator as
546defined in s. 1012.01(3)(c).
547     g.  "Supplement" means an annual addition to the base
548salary for the term of the negotiated supplement as long as the
549employee continues his or her employment for the purpose of the
550supplement. A supplement does not become part of the employee's
551continuing base salary but shall be considered compensation
552under s. 121.021(22).
553     2.  Cost-of-living adjustment.-A district school board may
554provide a cost-of-living salary adjustment if the adjustment:
555     a.  Does not discriminate among comparable classes of
556employees based upon the salary schedule under which they are
558     b.  Does not exceed 50 percent of the annual adjustment
559provided to instructional personnel rated as effective.
560     3.  Advanced degrees.-Beginning with instructional
561personnel hired on or after July 1, 2011, a district school
562board may not use advanced degrees in setting a salary schedule
563for instructional personnel but may provide a supplement for
564advanced degrees as follows:
565     a.  For classroom teachers, as defined in s. 1012.01(2)(a),
566excluding substitute teachers, the advanced degree must be in
567the specific subject area in which the teacher is certified and
569     b.  For instructional personnel who are not classroom
570teachers, the advanced degree must directly relate to the
571specific job assignment.
572     4.  Grandfathered salary schedule.-
573     a.  The district school board shall adopt a salary schedule
574or salary schedules to be used as the basis for paying all
575school employees hired before July 1, 2014. Instructional
576personnel on annual contract as of July 1, 2014, shall be placed
577on the performance salary schedule adopted under subparagraph 5.
578Instructional personnel on continuing contract or professional
579service contract may opt into the performance salary schedule if
580the employee relinquishes such contract and agrees to be
581employed on an annual contract under s. 1012.335. Such an
582employee shall be placed on the performance salary schedule and
583may not return to continuing contract or professional service
584contract status. Any employee who opts into the performance
585salary schedule may not return to the grandfathered salary
587     b.  In determining the grandfathered salary schedule for
588instructional personnel, a district school board must base a
589portion of each employee's compensation upon performance
590demonstrated under s. 1012.34 and shall provide differentiated
591pay for both instructional personnel and school administrators
592based upon district-determined factors, including, but not
593limited to, additional responsibilities, school demographics,
594critical shortage areas, and level of job performance
596     5.  Performance salary schedule.-By July 1, 2014, the
597district school board shall adopt a performance salary schedule
598that provides annual salary adjustments for instructional
599personnel and school administrators based upon performance
600determined under s. 1012.34. Employees hired on or after July 1,
6012014, or employees who choose to move from the grandfathered
602salary schedule to the performance salary schedule shall be
603compensated pursuant to the performance salary schedule once
604they have received the appropriate performance evaluation for
605this purpose. However, a classroom teacher whose performance
606evaluation utilizes student learning growth measures established
607under s. 1012.34(7)(e) shall remain under the grandfathered
608salary schedule until his or her teaching assignment changes to
609a subject with an assessment or the school district establishes
610equally appropriate measures of student learning growth as
611defined under s. 1012.34 and rules of the State Board of
613     a.  Base salary.-The base salary shall be established as
615     (I)  The base salary for instructional personnel or school
616administrators who opt into the performance salary schedule
617shall be the salary paid in the prior year, including
618adjustments only.
619     (II)  Beginning July 1, 2014, instructional personnel or
620school administrators new to the district, returning to the
621district after a break in service without an authorized leave of
622absence, or appointed for the first time to a position in the
623district in the capacity of instructional personnel or school
624administrator shall be placed on the performance salary
626     b.  Salary adjustments.-Salary adjustments for highly
627effective or effective performance shall be established as
629     (I)  The annual salary adjustment under the performance
630salary schedule for an employee rated as highly effective must
631be greater than the highest annual salary adjustment available
632to an employee of the same classification through any other
633salary schedule adopted by the district.
634     (II)  The annual salary adjustment under the performance
635salary schedule for an employee rated as effective must be equal
636to at least 50 percent and no more than 75 percent of the annual
637adjustment provided for a highly effective employee of the same
639     (III)  The performance salary schedule shall not provide an
640annual salary adjustment for an employee who receives a rating
641other than highly effective or effective for the year.
642     c.  Salary supplements.-In addition to the salary
643adjustments, each district school board shall provide for salary
644supplements for activities which must include, but are not
645limited to:
646     (I)  Assignment to a Title I eligible school.
647     (II)  Assignment to a school in the bottom two categories
648of the school improvement system under s. 1008.33 such that the
649supplement remains in force for at least 1 year following
650improved performance in that school.
651     (III)  Certification and teaching in critical teacher
652shortage areas. Statewide critical teacher shortage areas shall
653be identified by the State Board of Education pursuant to s.
6541012.07. However, the district school board may identify other
655areas of critical shortage within the school district for
656purposes of this sub-sub-subparagraph and may remove areas
657identified by the state board that do not apply within the
658school district.
659     (IV)  Assignment of additional academic responsibilities.
661If budget constraints in any given year limit a district school
662board's ability to fully fund all adopted salary schedules, the
663performance salary schedule shall not be reduced, on the basis
664of either total cost or the value of individual awards, in a
665manner that is proportionally greater than reductions to any
666other salary schedules adopted by the district. The district
667school board shall adopt a salary schedule or salary schedules
668designed to furnish incentives for improvement in training and
669for continued efficient service to be used as a basis for paying
670all school employees and fix and authorize the compensation of
671school employees on the basis thereof.
672     2.  A district school board, in determining the salary
673schedule for instructional personnel, must base a portion of
674each employee's compensation on performance demonstrated under
675s. 1012.34, must consider the prior teaching experience of a
676person who has been designated state teacher of the year by any
677state in the United States, and must consider prior professional
678experience in the field of education gained in positions in
679addition to district level instructional and administrative
681     3.  In developing the salary schedule, the district school
682board shall seek input from parents, teachers, and
683representatives of the business community.
684     4.  Beginning with the 2007-2008 academic year, each
685district school board shall adopt a salary schedule with
686differentiated pay for both instructional personnel and school-
687based administrators. The salary schedule is subject to
688negotiation as provided in chapter 447 and must allow
689differentiated pay based on district-determined factors,
690including, but not limited to, additional responsibilities,
691school demographics, critical shortage areas, and level of job
692performance difficulties.
693     (e)  Transfer and promotion.-The district school board
694shall act on recommendations of the district school
695superintendent regarding transfer and promotion of any employee.
696The district school superintendent's primary consideration in
697recommending an individual for a promotion must be the
698individual's demonstrated effectiveness under s. 1012.34.
699     Section 5.  Section 1012.335, Florida Statutes, is created
700to read:
701     1012.335  Contracts with instructional personnel hired on
702or after July 1, 2011.-
703     (1)  DEFINITIONS.-As used in this section, the term:
704     (a)  "Annual contract" means an employment contract for a
705period of no longer than 1 school year which the district school
706board may choose to award or not award without cause.
707     (b)  "Instructional personnel" means instructional
708personnel as defined in s. 1012.01(2)(a)-(d), excluding
709substitute teachers.
710     (c)  "Probationary contract" means an employment contract
711for a period of 1 school year awarded to instructional personnel
712upon initial employment in a school district. Probationary
713contract employees may be dismissed without cause or may resign
714without breach of contract. A district school board may not
715award a probationary contract more than once to the same
716employee unless the employee was rehired after a break in
717service for which an authorized leave of absence was not
718granted. A probationary contract shall be awarded regardless of
719previous employment in another school district or state.
720     (2)  EMPLOYMENT.-
721     (a)  Beginning July 1, 2011, each individual newly hired as
722instructional personnel by the district school board shall be
723awarded a probationary contract. Upon successful completion of
724the probationary contract, the district school board may award
725an annual contract pursuant to paragraph (c).
726     (b)  Beginning July 1, 2011, an annual contract may be
727awarded pursuant to paragraph (c) for instructional personnel
728who have successfully completed a probationary contract with the
729district school board and have received one or more annual
730contracts from the district school board.
731     (c)  An annual contract may be awarded only if the
733     1.  Holds an active professional certificate or temporary
734certificate issued pursuant to s. 1012.56 and rules of the State
735Board of Education.
736     2.  Has been recommended by the district school
737superintendent for the annual contract based upon the
738individual's evaluation under s. 1012.34 and approved by the
739district school board.
740     3.  Has not received two consecutive annual performance
741evaluation ratings of unsatisfactory, two annual performance
742evaluation ratings of unsatisfactory within a 3-year period, or
743three consecutive annual performance evaluation ratings of needs
744improvement or a combination of needs improvement and
745unsatisfactory under s. 1012.34.
746     (3)  VIOLATION OF ANNUAL CONTRACT.-Instructional personnel
747who accept a written offer from the district school board and
748who leave their positions without prior release from the
749district school board are subject to the jurisdiction of the
750Education Practices Commission.
752ANNUAL CONTRACT.-Any instructional personnel with an annual
753contract may be suspended or dismissed at any time during the
754term of the contract for just cause as provided in subsection
755(5). The district school board shall notify the employee in
756writing whenever charges are made and may suspend such person
757without pay. However, if the charges are not sustained, the
758employee shall be immediately reinstated and his or her back pay
759shall be paid. If the employee wishes to contest the charges, he
760or she must, within 15 days after receipt of the written notice,
761submit a written request for a hearing to the district school
762board. A direct hearing shall be conducted by the district
763school board or a subcommittee thereof within 60 days after
764receipt of the written appeal. The hearing shall be conducted in
765accordance with ss. 120.569 and 120.57. A majority vote of the
766membership of the district school board shall be required to
767sustain the district school superintendent's recommendation. The
768district school board's determination is final as to the
769sufficiency or insufficiency of the grounds for suspension
770without pay or dismissal. Any such decision adverse to the
771employee may be appealed by the employee pursuant to s. 120.68.
772     (5)  JUST CAUSE.-The State Board of Education shall adopt
773rules pursuant to ss. 120.536(1) and 120.54 to define the term
774"just cause." Just cause includes, but is not limited to:
775     (a)  Immorality.
776     (b)  Misconduct in office.
777     (c)  Incompetency.
778     (d)  Gross insubordination.
779     (e)  Willful neglect of duty.
780     (f)  Being convicted or found guilty of, or entering a plea
781of guilty to, regardless of adjudication of guilt, any crime
782involving moral turpitude.
783     (6)  LIMITATION.-An individual newly hired as instructional
784personnel by a school district in this state under this section
785is ineligible for any contract issued under s. 1012.33.
786     Section 6.  Paragraph (b) of subsection (16) of section
7871002.33, Florida Statutes, is amended to read:
788     1002.33  Charter schools.-
790     (b)  Additionally, a charter school shall be in compliance
791with the following statutes:
792     1.  Section 286.011, relating to public meetings and
793records, public inspection, and criminal and civil penalties.
794     2.  Chapter 119, relating to public records.
795     3.  Section 1003.03, relating to the maximum class size,
796except that the calculation for compliance pursuant to s.
7971003.03 shall be the average at the school level.
798     4.  Section 1012.22(1)(c), relating to compensation and
799salary schedules.
800     5.  Section 1012.33(5), relating to workforce reductions.
801     6.  Section 1012.335, relating to contracts with
802instructional personnel hired on or after July 1, 2011.
803     7.  Section 1012.34, relating to the substantive
804requirements for performance evaluations for instructional
805personnel and school administrators.
806     Section 7.  Paragraph (h) of subsection (2) of section
8071003.621, Florida Statutes, is amended to read:
808     1003.621  Academically high-performing school districts.-It
809is the intent of the Legislature to recognize and reward school
810districts that demonstrate the ability to consistently maintain
811or improve their high-performing status. The purpose of this
812section is to provide high-performing school districts with
813flexibility in meeting the specific requirements in statute and
814rules of the State Board of Education.
815     (2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
816high-performing school district shall comply with all of the
817provisions in chapters 1000-1013, and rules of the State Board
818of Education which implement these provisions, pertaining to the
820     (h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
821public school personnel compensation and salary schedules; s.
8221012.34, relating to personnel evaluation procedures and
823criteria; and ss. 1012.33 and 1012.335, relating to contracts
824with instructional personnel, staff, supervisors, and school
825administrators differentiated pay and performance-pay policies
826for school administrators and instructional personnel.
827Professional service contracts are subject to the provisions of
828ss. 1012.33 and 1012.34.
829     Section 8.  Subsection (4) of section 1006.09, Florida
830Statutes, is amended to read:
831     1006.09  Duties of school principal relating to student
832discipline and school safety.-
833     (4)  When a student has been the victim of a violent crime
834perpetrated by another student who attends the same school, the
835school principal shall make full and effective use of the
836provisions of subsection (2) and s. 1006.13(6). A school
837principal who fails to comply with this subsection shall be
838ineligible for any portion of the performance pay policy
839incentive or the differentiated pay under s. 1012.22. However,
840if any party responsible for notification fails to properly
841notify the school, the school principal shall be eligible for
842the performance pay incentive or differentiated pay.
843     Section 9.  Section 1012.07, Florida Statutes, is amended
844to read:
845     1012.07  Identification of critical teacher shortage
847     (1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
848"critical teacher shortage area" means high-need content areas
849applies to mathematics, science, career education, and high-
850priority high priority location areas identified by. the State
851Board of Education may identify career education programs having
852critical teacher shortages. The State Board of Education shall
853adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
854annually identify other critical teacher shortage areas and high
855priority location areas. The state board must shall also
856consider current and emerging educational requirements and
857workforce demands teacher characteristics such as ethnic
858background, race, and sex in determining critical teacher
859shortage areas. School grade levels may also be designated
860critical teacher shortage areas. Individual district school
861boards may identify and submit other critical teacher shortage
862areas. Such submissions shortages must be aligned to current and
863emerging educational requirements and workforce demands in order
864to be certified to and approved by the State Board of Education.
865High-priority High priority location areas shall be in high-
866density, low-economic urban schools, and low-density, low-
867economic rural schools, and schools identified as lowest
868performing under s. 1008.33(4)(b) shall include schools which
869meet criteria which include, but are not limited to, the
870percentage of free lunches, the percentage of students under
871Chapter I of the Education Consolidation and Improvement Act of
8721981, and the faculty attrition rate.
873     (2)  This section shall be implemented only to the extent
874as specifically funded and authorized by law.
875     Section 10.  Subsection (5) of section 1012.2315, Florida
876Statutes, is amended to read:
877     1012.2315  Assignment of teachers.-
878     (5)  REPORT.-
879     (a)  Beginning July 1, 2012, the Department of Education
880shall annually report on its website, in a manner that is
881accessible to the public, the performance rating data reported
882by district school boards under s. 1012.34. The report must
883include the percentage of classroom teachers, instructional
884personnel, and school administrators receiving each performance
885rating aggregated by school district and by school.
886     (b)  Notwithstanding the provisions of s. 1012.31(3)(a)2.,
887each school district shall annually report to a parent the fact
888that his or her child has been assigned to a classroom teacher
889or school administrator having two consecutive annual
890performance evaluation ratings of unsatisfactory under s.
8911012.34, two annual performance evaluation ratings of
892unsatisfactory within a 3-year period under s. 1012.34, or three
893consecutive annual performance evaluation ratings of needs
894improvement or a combination of needs improvement and
895unsatisfactory under s. 1012.34. Schools graded "D" or "F" shall
896annually report their teacher-retention rate. Included in this
897report shall be reasons listed for leaving by each teacher who
898left the school for any reason.
899     Section 11.  Subsections (1) and (2) of section 1012.27,
900Florida Statutes, are amended to read:
901     1012.27  Public school personnel; powers and duties of
902district school superintendent.-The district school
903superintendent is responsible for directing the work of the
904personnel, subject to the requirements of this chapter, and in
905addition the district school superintendent shall perform the
908     (a)  Recommend to the district school board duties and
909responsibilities which need to be performed and positions which
910need to be filled to make possible the development of an
911adequate school program in the district.
912     (b)  Recommend minimum qualifications of personnel for
913these various positions, and nominate in writing persons to fill
914such positions.
916The district school superintendent's recommendations for filling
917instructional positions at the school level must consider
918nominations received from school principals of the respective
919schools. Before transferring a teacher who holds a professional
920teaching certificate from one school to another, the district
921school superintendent shall consult with the principal of the
922receiving school and allow the principal to review the teacher's
923records, including student performance demonstrated under s.
9241012.34, and interview the teacher. If, in the judgment of the
925principal, students would not benefit from the placement, an
926alternative placement may be sought. A principal may refuse the
927placement in accordance with s. 1012.28(6).
929recommend to the district school board for adoption a salary
930schedule or salary schedules in accordance with s. 1012.22. The
931district school superintendent must recommend a salary schedule
932for instructional personnel which bases a portion of each
933employee's compensation on performance demonstrated under s.
9341012.34. In developing the recommended salary schedule, the
935district school superintendent shall include input from parents,
936teachers, and representatives of the business community.
937Beginning with the 2007-2008 academic year, the recommended
938salary schedule for classroom teachers shall be consistent with
939the district's differentiated-pay policy based upon s. 1012.22.
940     Section 12.  Subsection (3) of section 1012.28, Florida
941Statutes, is amended, present subsection (6) is renumbered as
942subsection (7) and amended, and a new subsection (6) is added to
943that section, to read:
944     1012.28  Public school personnel; duties of school
946     (3)  Each school principal is responsible for the
947performance of all personnel employed by the district school
948board and assigned to the school to which the principal is
949assigned. The school principal shall faithfully and effectively
950apply the personnel evaluation assessment system approved by the
951district school board pursuant to s. 1012.34.
952     (6)  A principal may refuse to accept the placement or
953transfer of instructional personnel by the district school
954superintendent to his or her school unless the instructional
955personnel has a performance rating of effective or highly
956effective under s. 1012.34.
957     (7)(6)  A school principal who fails to comply with this
958section shall be ineligible for any portion of the performance
959pay policy incentive and differentiated pay under s. 1012.22.
960     Section 13.  Paragraph (a) of subsection (1) and
961subsections (3) and (5) of section 1012.33, Florida Statutes,
962are amended to read:
963     1012.33  Contracts with instructional staff, supervisors,
964and school principals.-
965     (1)(a)  Each person employed as a member of the
966instructional staff in any district school system shall be
967properly certified pursuant to s. 1012.56 or s. 1012.57 or
968employed pursuant to s. 1012.39 and shall be entitled to and
969shall receive a written contract as specified in this section.
970All such contracts, except continuing contracts as specified in
971subsection (4), shall contain provisions for dismissal during
972the term of the contract only for just cause. Just cause
973includes, but is not limited to, the following instances, as
974defined by rule of the State Board of Education: immorality,
975misconduct in office, incompetency, two consecutive annual
976performance evaluation ratings of unsatisfactory under s.
9771012.34, two annual performance evaluation ratings of
978unsatisfactory within a 3-year period under s. 1012.34, three
979consecutive annual performance evaluation ratings of needs
980improvement or a combination of needs improvement and
981unsatisfactory under s. 1012.34, gross insubordination, willful
982neglect of duty, or being convicted or found guilty of, or
983entering a plea of guilty to, regardless of adjudication of
984guilt, any crime involving moral turpitude.
985     (3)(a)  Each district school board shall provide a
986professional service contract as prescribed herein. Each member
987of the instructional staff who completed the following
988requirements prior to July 1, 1984, shall be entitled to and
989shall be issued a continuing contract in the form prescribed by
990rules of the state board pursuant to s. 231.36, Florida Statutes
991(1981). Each member of the instructional staff who completes the
992following requirements on or after July 1, 1984, shall be
993entitled to and shall be issued a professional service contract
994in the form prescribed by rules of the state board as provided
996     1.  The member must hold a professional certificate as
997prescribed by s. 1012.56 and rules of the State Board of
999     2.  The member must have completed 3 years of probationary
1000service in the district during a period not in excess of 5
1001successive years, except for leave duly authorized and granted.
1002     3.  The member must have been recommended by the district
1003school superintendent for such contract and reappointed by the
1004district school board based on successful performance of duties
1005and demonstration of professional competence.
1006     4.  For any person newly employed as a member of the
1007instructional staff after June 30, 1997, the initial annual
1008contract shall include a 97-day probationary period during which
1009time the employee's contract may be terminated without cause or
1010the employee may resign without breach of contract.
1011     (b)  The professional service contract shall be effective
1012at the beginning of the school fiscal year following the
1013completion of all requirements therefor.
1014     (c)  The period of service provided herein may be extended
1015to 4 years when prescribed by the district school board and
1016agreed to in writing by the employee at the time of
1018     (d)  A district school board may issue a continuing
1019contract prior to July 1, 1984, and may issue a professional
1020service contract subsequent to July 1, 1984, to any employee who
1021has previously held a professional service contract or
1022continuing contract in the same or another district within this
1023state. Any employee who holds a continuing contract may, but is
1024not required to, exchange such continuing contract for a
1025professional service contract in the same district.
1026     (d)(e)  A professional service contract shall be renewed
1027each year unless:
1028     1.  The district school superintendent, after receiving the
1029recommendations required by s. 1012.34, charges the employee
1030with unsatisfactory performance and notifies the employee of
1031performance deficiencies as required by s. 1012.34; or
1032     2.  The employee receives two consecutive annual
1033performance evaluation ratings of unsatisfactory under s.
10341012.34, two annual performance evaluation ratings of
1035unsatisfactory within a 3-year period under s. 1012.34, or three
1036consecutive annual performance evaluation ratings of needs
1037improvement or a combination of needs improvement and
1038unsatisfactory under s. 1012.34. An employee who holds a
1039professional service contract on July 1, 1997, is subject to the
1040procedures set forth in paragraph (f) during the term of the
1041existing professional service contract. The employee is subject
1042to the procedures set forth in s. 1012.34(3)(d) upon the next
1043renewal of the professional service contract; however, if the
1044employee is notified of performance deficiencies before the next
1045contract renewal date, the procedures of s. 1012.34(3)(d) do not
1046apply until the procedures set forth in paragraph (f) have been
1047exhausted and the professional service contract is subsequently
1049     (f)  The district school superintendent shall notify an
1050employee who holds a professional service contract on July 1,
10511997, in writing, no later than 6 weeks prior to the end of the
1052postschool conference period, of performance deficiencies which
1053may result in termination of employment, if not corrected during
1054the subsequent year of employment (which shall be granted for an
1055additional year in accordance with the provisions in subsection
1056(1)). Except as otherwise hereinafter provided, this action
1057shall not be subject to the provisions of chapter 120, but the
1058following procedures shall apply:
1059     1.  On receiving notice of unsatisfactory performance, the
1060employee, on request, shall be accorded an opportunity to meet
1061with the district school superintendent, or his or her designee,
1062for an informal review of the determination of unsatisfactory
1064     2.  An employee notified of unsatisfactory performance may
1065request an opportunity to be considered for a transfer to
1066another appropriate position, with a different supervising
1067administrator, for the subsequent year of employment. If the
1068request for the transfer is granted, the district school
1069superintendent shall annually report to the department the total
1070number of employees transferred pursuant to this subparagraph,
1071where they were transferred, and what, if any, remediation was
1072implemented to remediate the unsatisfactory performance.
1073     3.  During the subsequent year, the employee shall be
1074provided assistance and inservice training opportunities to help
1075correct the noted performance deficiencies. The employee shall
1076also be evaluated periodically so that he or she will be kept
1077apprised of progress achieved.
1078     4.  Not later than 6 weeks prior to the close of the
1079postschool conference period of the subsequent year, the
1080district school superintendent, after receiving and reviewing
1081the recommendation required by s. 1012.34, shall notify the
1082employee, in writing, whether the performance deficiencies have
1083been corrected. If so, a new professional service contract shall
1084be issued to the employee. If the performance deficiencies have
1085not been corrected, the district school superintendent may
1086notify the district school board and the employee, in writing,
1087that the employee shall not be issued a new professional service
1088contract; however, if the recommendation of the district school
1089superintendent is not to issue a new professional service
1090contract, and if the employee wishes to contest such
1091recommendation, the employee will have 15 days from receipt of
1092the district school superintendent's recommendation to demand,
1093in writing, a hearing. In such hearing, the employee may raise
1094as an issue, among other things, the sufficiency of the district
1095school superintendent's charges of unsatisfactory performance.
1096Such hearing shall be conducted at the district school board's
1097election in accordance with one of the following procedures:
1098     a.  A direct hearing conducted by the district school board
1099within 60 days of receipt of the written appeal. The hearing
1100shall be conducted in accordance with the provisions of ss.
1101120.569 and 120.57. A majority vote of the membership of the
1102district school board shall be required to sustain the district
1103school superintendent's recommendation. The determination of the
1104district school board shall be final as to the sufficiency or
1105insufficiency of the grounds for termination of employment; or
1106     b.  A hearing conducted by an administrative law judge
1107assigned by the Division of Administrative Hearings of the
1108Department of Management Services. The hearing shall be
1109conducted within 60 days of receipt of the written appeal in
1110accordance with chapter 120. The recommendation of the
1111administrative law judge shall be made to the district school
1112board. A majority vote of the membership of the district school
1113board shall be required to sustain or change the administrative
1114law judge's recommendation. The determination of the district
1115school board shall be final as to the sufficiency or
1116insufficiency of the grounds for termination of employment.
1117     (g)  Beginning July 1, 2001, for each employee who enters
1118into a written contract, pursuant to this section, in a school
1119district in which the employee was not employed as of June 30,
11202001, or was employed as of June 30, 2001, but has since broken
1121employment with that district for 1 school year or more, for
1122purposes of pay, a district school board must recognize and
1123accept each year of full-time public school teaching service
1124earned in the State of Florida for which the employee received a
1125satisfactory performance evaluation; however, an employee may
1126voluntarily waive this provision. Instructional personnel
1127employed pursuant to s. 121.091(9)(b) and (c) are exempt from
1128the provisions of this paragraph.
1129     (5)  If workforce reduction is needed, a district school
1130board must retain employees at a school or in the school
1131district based upon educational program needs and the
1132performance evaluations of employees within the affected program
1133areas. Within the program areas requiring reduction, the
1134employee with the lowest performance evaluations must be the
1135first to be released; the employee with the next lowest
1136performance evaluations must be the second to be released; and
1137reductions shall continue in like manner until the needed number
1138of reductions has occurred. A district school board may not
1139prioritize retention of employees based upon seniority. Should a
1140district school board have to choose from among its personnel
1141who are on continuing contracts or professional service
1142contracts as to which should be retained, such decisions shall
1143be made pursuant to the terms of a collectively bargained
1144agreement, when one exists. If no such agreement exists, the
1145district school board shall prescribe rules to handle reductions
1146in workforce.
1147     Section 14.  Section 1012.52, Florida Statutes, is
1149     Section 15.  Paragraph (h) of subsection (1) of section
11501012.795, Florida Statutes, is amended to read:
1151     1012.795  Education Practices Commission; authority to
1153     (1)  The Education Practices Commission may suspend the
1154educator certificate of any person as defined in s. 1012.01(2)
1155or (3) for up to 5 years, thereby denying that person the right
1156to teach or otherwise be employed by a district school board or
1157public school in any capacity requiring direct contact with
1158students for that period of time, after which the holder may
1159return to teaching as provided in subsection (4); may revoke the
1160educator certificate of any person, thereby denying that person
1161the right to teach or otherwise be employed by a district school
1162board or public school in any capacity requiring direct contact
1163with students for up to 10 years, with reinstatement subject to
1164the provisions of subsection (4); may revoke permanently the
1165educator certificate of any person thereby denying that person
1166the right to teach or otherwise be employed by a district school
1167board or public school in any capacity requiring direct contact
1168with students; may suspend the educator certificate, upon an
1169order of the court or notice by the Department of Revenue
1170relating to the payment of child support; or may impose any
1171other penalty provided by law, if the person:
1172     (h)  Has breached a contract, as provided in s. 1012.33(2)
1173or s. 1012.335.
1174     Section 16.  (1)  Notwithstanding any other provision of
1175this act, a school district that received an exemption under
1176Florida's Race to the Top Memorandum of Understanding for Phase
11772, as provided in section (D)(2)(ii) of the memorandum, is
1178allowed to base 40 percent, instead of 50 percent, of
1179instructional personnel and school administrator performance
1180evaluations upon student learning growth under s. 1012.34,
1181Florida Statutes, as amended by this act. The school district is
1182also exempt from the amendments to s. 1012.22(1)(c), Florida
1183Statutes, made by this act. The exemptions described in this
1184subsection are effective for the 2011-2012 school year and are
1185effective for each school year thereafter if the school district
1186receives annual approval by the State Board of Education.
1187     (2)  The State Board of Education shall base its approval
1188upon demonstration by the school district of the following:
1189     (a)  The instructional personnel and school administrator
1190evaluation systems base at least 40 percent of an employee's
1191performance evaluation upon student performance and that student
1192performance is the single greatest component of an employee's
1194     (b)  The instructional personnel and school administrator
1195evaluation systems adopt the Commissioner of Education's student
1196learning growth formula for statewide assessments as provided
1197under s. 1012.34(7), Florida Statutes, as created by this act.
1198     (c)  The school district's instructional personnel and
1199school administrator compensation system awards salary increases
1200based upon sustained student performance.
1201     (d)  The school district's contract system awards
1202instructional personnel and school administrators based upon
1203student performance and removes ineffective employees.
1204     (e)  Beginning with the 2014-2015 school year and each
1205school year thereafter, student learning growth based upon
1206performance on statewide assessments under s. 1008.22, Florida
1207Statutes, must have significantly improved compared to student
1208learning growth in the district in 2011-2012 and significantly
1209improved compared to other school districts.
1210     (3)  The State Board of Education shall annually renew a
1211school district's exemptions if the school district demonstrates
1212that it meets the requirements of subsection (2). If the
1213exemptions are not renewed, the school district must comply with
1214the requirements and laws described in subsection (1) by the
1215beginning of the next school year immediately following the loss
1216of the exemptions.
1217     (4)  The State Board of Education shall adopt rules
1218pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1219establish the procedures for applying for the exemptions and the
1220criteria for renewing the exemptions.
1222This section shall be repealed August 1, 2017, unless reviewed
1223and reenacted by the Legislature.
1224     Section 17.  Chapter 2010-279, Laws of Florida, does not
1225apply to any rulemaking required to administer this act.
1226     Section 18.  The provisions of any special act or general
1227law of local application relating to contracts for instructional
1228personnel or school administrators in public schools or school
1229districts in effect on or before the effective date of this act
1230are repealed.
1231     Section 19.  The amendments made by this act to s. 1012.33,
1232Florida Statutes, apply to contracts newly entered into,
1233extended, or readopted on or after July 1, 2011, and to all
1234contracts entered into on or after July 1, 2014.
1235     Section 20.  If any provision of this act or its
1236application to any person or circumstance is held invalid, the
1237invalidity does not affect other provisions or applications of
1238the act which can be given effect without the invalid provision
1239or application, and to this end the provisions of this act are
1241     Section 21.  Except as otherwise expressly provided in this
1242act and except for this section, which shall take effect upon
1243this act becoming a law, this act shall take effect July 1,

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