CS/HB 7019

1	A bill to be entitled
2	An act relating to education personnel; providing a short
3	title; amending s. 1012.34, F.S.; revising provisions
4	relating to the evaluation of instructional personnel and
5	school administrators; requiring the Department of
6	Education to approve each school district's instructional
7	personnel and school administrator evaluation systems;
8	requiring reporting by the Commissioner of Education
9	relating to the evaluation systems; providing requirements
10	and revising procedures and criteria for the evaluation
11	systems; requiring the commissioner to approve or select
12	and the State Board of Education to adopt formulas for
13	school districts to use in measuring student learning
14	growth; requiring the state board to adopt rules relating
15	to standards and measures for implementation of the
16	evaluation systems; amending s. 1008.22, F.S.; requiring
17	school districts to administer assessments for each course
18	offered in the district; requiring the commissioner to
19	identify methods to assist school districts; amending s.
20	1012.22, F.S.; revising provisions relating to
21	instructional personnel and school administrator
22	compensation and salary schedules; providing requirements
23	for a performance salary schedule, a grandfathered salary
24	schedule, adjustments, and supplements; revising criteria
25	for the promotion of instructional personnel; creating s.
26	1012.335, F.S.; providing criteria for employment
27	contracts for instructional personnel hired on or after
28	July 1, 2011; providing definitions; providing grounds for
29	suspension or dismissal; requiring rules to define the
30	term "just cause"; providing that certain individuals who
31	are hired as instructional personnel are ineligible for
32	contracts issued under s. 1012.33, F.S.; amending s.
33	1002.33, F.S.; requiring charter schools to comply with
34	provisions relating to compensation and salary schedules,
35	workforce reductions, contracts with instructional
36	personnel hired on or after July 1, 2011, and certain
37	requirements for performance evaluations; amending s.
38	1003.621, F.S.; requiring academically high-performing
39	school districts to comply with additional requirements
40	for personnel; amending s. 1006.09, F.S.; conforming
41	provisions to changes made by the act; amending s.
42	1012.07, F.S.; revising the methodology for determining
43	critical teacher shortage areas; amending s. 1012.2315,
44	F.S.; providing reporting requirements relating to
45	instructional personnel and school administrator
46	performance; amending s. 1012.27, F.S.; revising the
47	criteria for transferring a teacher; conforming provisions
48	to changes made by the act; amending s. 1012.28, F.S.;
49	authorizing a principal to refuse to accept the placement
50	or transfer of instructional personnel under certain
51	circumstances; amending s. 1012.33, F.S.; revising
52	provisions relating to contracts with certain education
53	personnel; revising just cause grounds for dismissal;
54	revising provisions relating to contract renewal; deleting
55	provisions to conform to changes made by the act;
56	requiring that a district school board's decision to
57	retain personnel be primarily based on the employee's
58	performance; repealing s. 1012.52, F.S., relating to
59	legislative intent and findings to improve student
60	achievement and teacher quality; amending s. 1012.795,
61	F.S.; conforming provisions to changes made by the act;
62	authorizing exemption from requirements for performance
63	evaluation systems and compensation and salary schedules
64	for certain school districts; providing requirements for
65	State Board of Education approval and renewal of
66	exemptions; providing for review and repeal; providing
67	that specified provisions of law do not apply to
68	rulemaking required to administer the act; providing for
69	the repeal of certain special acts or general laws of
70	local application relating to contracts for instructional
71	personnel or school administrators; providing for
72	application of specified provisions of the act; providing
73	for severability; providing effective dates.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  This act may be cited as the "Student Success
78	Act."
79	Section 2.  Effective upon this act becoming a law, section
80	1012.34, Florida Statutes, is amended to read:
81	1012.34  Personnel evaluation Assessment procedures and
82	criteria.-
83	(1)  EVALUATION SYSTEM APPROVAL AND REPORTING.-
84	(a)  For the purpose of increasing student learning growth
85	by improving the quality of instructional, administrative, and
86	supervisory services in the public schools of the state, the
87	district school superintendent shall establish procedures for
88	evaluating assessing the performance of duties and
89	responsibilities of all instructional, administrative, and
90	supervisory personnel employed by the school district. The
91	district school superintendent shall annually report the
92	evaluation results of instructional personnel and school
93	administrators to the Department of Education in addition to the
94	information required under subsection (5).
95	(b)  The department of Education must approve each school
96	district's instructional personnel and school administrator
97	evaluation systems assessment system. The department shall
98	monitor each district's implementation of its instructional
99	personnel and school administrator evaluation systems for
100	compliance with the requirements of this section.
101	(c)  By December 1, 2012, the Commissioner of Education
102	shall report to the Governor, the President of the Senate, and
103	the Speaker of the House of Representatives the approval and
104	implementation status of each school district's instructional
105	personnel and school administrator evaluation systems. The
106	report shall include performance evaluation results for the
107	prior school year for instructional personnel and school
108	administrators using the four levels of performance specified in
109	paragraph (2)(e). The performance evaluation results for
110	instructional personnel shall be disaggregated by classroom
111	teachers, as defined in s. 1012.01(2)(a), excluding substitute
112	teachers, and all other instructional personnel, as defined in
113	s. 1012.01(2)(b)-(d). The commissioner shall continue to report,
114	by December 1 each year thereafter, each school district's
115	performance evaluation results and the status of any evaluation
116	system revisions requested by a school district pursuant to
117	subsection (6).
118	(2)  EVALUATION SYSTEM REQUIREMENTS.-The evaluation systems
119	for instructional personnel and school administrators must
120	following conditions must be considered in the design of the
121	district's instructional personnel assessment system:
122	(a)  The system must Be designed to support effective
123	instruction and student learning growth, and performance
124	evaluation results must be used when developing district and
125	school level improvement plans.
126	(b)  The system must Provide appropriate instruments,
127	procedures, and criteria for continuous quality improvement of
128	the professional skills of instructional personnel and school
129	administrators, and performance evaluation results must be used
130	when identifying professional development opportunities.
131	(c)  The system must Include a mechanism to examine
132	performance data from multiple sources, including opportunities
133	for give parents an opportunity to provide input into employee
134	performance evaluations assessments when appropriate.
135	(d)  Identify In addition to addressing generic teaching
136	competencies, districts must determine those teaching fields for
137	which special evaluation procedures and criteria are necessary
138	will be developed.
139	(e)  Differentiate among four levels of performance as
140	follows:
141	1.  Highly effective.
142	2.  Effective.
143	3.  Needs improvement or, for instructional personnel in
144	the first 3 years of employment who need improvement,
145	developing.
146	4.  Unsatisfactory. Each district school board may
147	establish a peer assistance process. The plan may provide a
148	mechanism for assistance of persons who are placed on
149	performance probation as well as offer assistance to other
150	employees who request it.
151	(f)  The district school board shall Provide for training
152	programs that are based upon guidelines provided by the
153	department of Education to ensure that all individuals with
154	evaluation responsibilities understand the proper use of the
155	evaluation assessment criteria and procedures.
156	(g)  Include a process for monitoring and evaluating the
157	effective and consistent use of the evaluation criteria by
158	employees with evaluation responsibilities.
159	(h)  Include a process for monitoring and evaluating the
160	effectiveness of the system itself in improving instruction and
161	student learning.
162
163	In addition, each district school board may establish a peer
164	assistance process. This process may be a part of the regular
165	evaluation system or used to assist employees placed on
166	performance probation, newly hired classroom teachers, or
167	employees who request assistance.
168	(3)  EVALUATION PROCEDURES AND CRITERIA.-The assessment
169	procedure for Instructional personnel and school administrator
170	performance evaluations administrators must be primarily based
171	upon on the performance of students assigned to their classrooms
172	or schools, as provided in this section appropriate. Pursuant to
173	this section, a school district's performance evaluation
174	assessment is not limited to basing unsatisfactory performance
175	of instructional personnel and school administrators solely upon
176	student performance, but may include other criteria approved to
177	evaluate assess instructional personnel and school
178	administrators' performance, or any combination of student
179	performance and other approved criteria. Evaluation The
180	procedures and criteria must comply with, but are not limited
181	to, the following requirements:
182	(a)  A performance evaluation An assessment must be
183	conducted for each employee at least once a year, except that a
184	classroom teacher, as defined in s. 1012.01(2)(a), excluding
185	substitute teachers, who is newly hired by the district school
186	board must be observed and evaluated at least twice in the first
187	year of teaching in the school district. The performance
188	evaluation assessment must be based upon sound educational
189	principles and contemporary research in effective educational
190	practices. The assessment must primarily use data and indicators
191	of improvement in student performance assessed annually as
192	specified in s. 1008.22 and may consider results of peer reviews
193	in evaluating the employee's performance. Student performance
194	must be measured by state assessments required under s. 1008.22
195	and by local assessments for subjects and grade levels not
196	measured by the state assessment program. The evaluation
197	assessment criteria must include, but are not limited to,
198	indicators that relate to the following:
199	1.  Performance of students. At least 50 percent of a
200	performance evaluation must be based upon data and indicators of
201	student learning growth assessed annually by statewide
202	assessments or, for subjects and grade levels not measured by
203	statewide assessments, by school district assessments as
204	provided in s. 1008.22(8). Each school district must use the
205	formula adopted pursuant to paragraph (7)(a) for measuring
206	student learning growth in all courses associated with statewide
207	assessments and must select an equally appropriate formula for
208	measuring student learning growth for all other grades and
209	subjects, except as otherwise provided in subsection (7).
210	a.  For classroom teachers, as defined in s. 1012.01(2)(a),
211	excluding substitute teachers, the student learning growth
212	portion of the evaluation must include growth data for students
213	assigned to the teacher over the course of at least 3 years. If
214	less than 3 years of data are available, the years for which
215	data are available must be used and the percentage of the
216	evaluation based upon student learning growth may be reduced to
217	not less than 40 percent.
218	b.  For instructional personnel who are not classroom
219	teachers, the student learning growth portion of the evaluation
220	must include growth data on statewide assessments for students
221	assigned to the instructional personnel over the course of at
222	least 3 years, or may include a combination of student learning
223	growth data and other measureable student outcomes that are
224	specific to the assigned position, provided that the student
225	learning growth data accounts for not less than 30 percent of
226	the evaluation. If less than 3 years of student growth data are
227	available, the years for which data are available must be used
228	and the percentage of the evaluation based upon student learning
229	growth may be reduced to not less than 20 percent.
230	c.  For school administrators, the student learning growth
231	portion of the evaluation must include growth data for students
232	assigned to the school over the course of at least 3 years. If
233	less than 3 years of data are available, the years for which
234	data are available must be used and the percentage of the
235	evaluation based upon student learning growth may be reduced to
236	not less than 40 percent.
237	2.  Instructional practice. Evaluation criteria used when
238	annually observing classroom teachers, as defined in s.
239	1012.01(2)(a), excluding substitute teachers, must include
240	indicators based upon each of the Florida Educator Accomplished
241	Practices adopted by the State Board of Education. For
242	instructional personnel who are not classroom teachers,
243	evaluation criteria must be based upon indicators of the Florida
244	Educator Accomplished Practices and may include specific job
245	expectations related to student support.
246	3.  Instructional leadership. For school administrators,
247	evaluation criteria must include indicators based upon each of
248	the leadership standards adopted by the State Board of Education
249	pursuant to s. 1012.986, including performance measures related
250	to the effectiveness of classroom teachers in the school, the
251	administrator's appropriate use of evaluation criteria and
252	procedures, recruitment and retention of effective and highly
253	effective classroom teachers, improvement in the percentage of
254	instructional personnel evaluated at the highly effective or
255	effective level, and other leadership practices that result in
256	student learning growth. The system may include a means to give
257	parents and instructional personnel an opportunity to provide
258	input into the administrator's performance evaluation.
259	4.  Professional and job responsibilities. For
260	instructional personnel and school administrators, other
261	professional and job responsibilities must be included as
262	adopted by the State Board of Education. The district school
263	board may identify additional professional and job
264	responsibilities.
265	2.  Ability to maintain appropriate discipline.
266	3.  Knowledge of subject matter. The district school board
267	shall make special provisions for evaluating teachers who are
268	assigned to teach out-of-field.
269	4.  Ability to plan and deliver instruction and the use of
270	technology in the classroom.
271	5.  Ability to evaluate instructional needs.
272	6.  Ability to establish and maintain a positive
273	collaborative relationship with students' families to increase
274	student achievement.
275	7.  Other professional competencies, responsibilities, and
276	requirements as established by rules of the State Board of
277	Education and policies of the district school board.
278	(b)  All personnel must be fully informed of the criteria
279	and procedures associated with the evaluation assessment process
280	before the evaluation assessment takes place.
281	(c)  The individual responsible for supervising the
282	employee must evaluate assess the employee's performance. The
283	evaluation system may provide for the evaluator to consider
284	input from other personnel trained under paragraph (2)(f). The
285	evaluator must submit a written report of the evaluation
286	assessment to the district school superintendent for the purpose
287	of reviewing the employee's contract. The evaluator must submit
288	the written report to the employee no later than 10 days after
289	the evaluation assessment takes place. The evaluator must
290	discuss the written evaluation report of assessment with the
291	employee. The employee shall have the right to initiate a
292	written response to the evaluation assessment, and the response
293	shall become a permanent attachment to his or her personnel
294	file.
295	(d)  The evaluator may amend an evaluation based upon
296	assessment data from the current school year if the data becomes
297	available within 90 days after the close of the school year. The
298	evaluator must then comply with the procedures set forth in
299	paragraph (c).
300	(4)  NOTIFICATION OF UNSATISFACTORY PERFORMANCE.-If an
301	employee who holds a professional service contract as provided
302	in s. 1012.33 is not performing his or her duties in a
303	satisfactory manner, the evaluator shall notify the employee in
304	writing of such determination. The notice must describe such
305	unsatisfactory performance and include notice of the following
306	procedural requirements:
307	(a)1.  Upon delivery of a notice of unsatisfactory
308	performance, the evaluator must confer with the employee who
309	holds a professional service contract, make recommendations with
310	respect to specific areas of unsatisfactory performance, and
311	provide assistance in helping to correct deficiencies within a
312	prescribed period of time.
313	(b)1.2.a.  If The employee who holds a professional service
314	contract as provided in s. 1012.33, the employee shall be placed
315	on performance probation and governed by the provisions of this
316	section for 90 calendar days following the receipt of the notice
317	of unsatisfactory performance to demonstrate corrective action.
318	School holidays and school vacation periods are not counted when
319	calculating the 90-calendar-day period. During the 90 calendar
320	days, the employee who holds a professional service contract
321	must be evaluated periodically and apprised of progress achieved
322	and must be provided assistance and inservice training
323	opportunities to help correct the noted performance
324	deficiencies. At any time during the 90 calendar days, the
325	employee who holds a professional service contract may request a
326	transfer to another appropriate position with a different
327	supervising administrator; however, if a transfer is granted
328	pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend
329	the period for correcting performance deficiencies.
330	2.b.  Within 14 days after the close of the 90 calendar
331	days, the evaluator must evaluate assess whether the performance
332	deficiencies have been corrected and forward a recommendation to
333	the district school superintendent. Within 14 days after
334	receiving the evaluator's recommendation, the district school
335	superintendent must notify the employee who holds a professional
336	service contract in writing whether the performance deficiencies
337	have been satisfactorily corrected and whether the district
338	school superintendent will recommend that the district school
339	board continue or terminate his or her employment contract. If
340	the employee wishes to contest the district school
341	superintendent's recommendation, the employee must, within 15
342	days after receipt of the district school superintendent's
343	recommendation, submit a written request for a hearing. The
344	hearing shall be conducted at the district school board's
345	election in accordance with one of the following procedures:
346	a.(I)  A direct hearing conducted by the district school
347	board within 60 days after receipt of the written appeal. The
348	hearing shall be conducted in accordance with the provisions of
349	ss. 120.569 and 120.57. A majority vote of the membership of the
350	district school board shall be required to sustain the district
351	school superintendent's recommendation. The determination of the
352	district school board shall be final as to the sufficiency or
353	insufficiency of the grounds for termination of employment; or
354	b.(II)  A hearing conducted by an administrative law judge
355	assigned by the Division of Administrative Hearings of the
356	Department of Management Services. The hearing shall be
357	conducted within 60 days after receipt of the written appeal in
358	accordance with chapter 120. The recommendation of the
359	administrative law judge shall be made to the district school
360	board. A majority vote of the membership of the district school
361	board shall be required to sustain or change the administrative
362	law judge's recommendation. The determination of the district
363	school board shall be final as to the sufficiency or
364	insufficiency of the grounds for termination of employment.
365	(5)(4)  ADDITIONAL NOTIFICATIONS.-The district school
366	superintendent shall annually notify the department of any
367	instructional personnel or school administrators who receive two
368	consecutive unsatisfactory evaluations. The district school
369	superintendent shall also notify the department of any
370	instructional personnel or school administrators and who are
371	have been given written notice by the district of intent to
372	terminate or not renew that their employment is being terminated
373	or is not being renewed or that the district school board
374	intends to terminate, or not renew, their employment. The
375	department shall conduct an investigation to determine whether
376	action shall be taken against the certificateholder pursuant to
377	s. 1012.795(1)(c).
378	(5)  The district school superintendent shall develop a
379	mechanism for evaluating the effective use of assessment
380	criteria and evaluation procedures by administrators who are
381	assigned responsibility for evaluating the performance of
382	instructional personnel. The use of the assessment and
383	evaluation procedures shall be considered as part of the annual
384	assessment of the administrator's performance. The system must
385	include a mechanism to give parents and teachers an opportunity
386	to provide input into the administrator's performance
387	assessment, when appropriate.
388	(6)  Nothing in this section shall be construed to grant a
389	probationary employee a right to continued employment beyond the
390	term of his or her contract.
391	(6)(7)  ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL
392	DISTRICT EVALUATION SYSTEMS.-The district school board shall
393	establish a procedure for annually reviewing instructional
394	personnel and school administrator evaluation assessment systems
395	to determine compliance with this section. All substantial
396	revisions to an approved system must be reviewed and approved by
397	the district school board before being used to evaluate assess
398	instructional personnel or school administrators. Upon request
399	by a school district, the department shall provide assistance in
400	developing, improving, or reviewing an evaluation assessment
401	system.
402	(7)  MEASUREMENT OF STUDENT LEARNING GROWTH.-
403	(a)  By June 1, 2011, the Commissioner of Education shall
404	approve a formula to measure individual student learning growth
405	on the Florida Comprehensive Assessment Test (FCAT) administered
406	pursuant to s. 1008.22(3)(c)1. The formula must take into
407	consideration each student's prior academic performance. The
408	formula must not set different expectations for student learning
409	growth based upon a student's gender, race, ethnicity, or
410	socioeconomic status. In the development of the formula, the
411	commissioner shall consider other factors such as a student's
412	attendance record, disability status, or status as an English
413	language learner. The commissioner shall select additional
414	formulas as appropriate for the remainder of the statewide
415	assessments included under s. 1008.22 and continue to select
416	formulas as new assessments are implemented in the state system.
417	After the commissioner approves the formula to measure
418	individual student learning growth on the FCAT and as additional
419	formulas are selected by the commissioner for new assessments
420	implemented in the state system, the State Board of Education
421	shall adopt these formulas by rule.
422	(b)  Beginning in the 2011-2012 school year, each school
423	district shall measure student learning growth using the formula
424	approved by the commissioner under paragraph (a) for courses
425	associated with the FCAT. Each school district shall implement
426	the additional student learning growth measures selected by the
427	commissioner under paragraph (a) for the remainder of the
428	statewide assessments included under s. 1008.22 as they become
429	available. Beginning in the 2014-2015 school year, for grades
430	and subjects not assessed by statewide assessments but otherwise
431	assessed as required under s. 1008.22(8), each school district
432	shall measure student learning growth using an equally
433	appropriate formula. The department shall provide models for
434	measuring student learning growth which school districts may
435	adopt.
436	(c)  For a course that is not measured by a statewide
437	assessment, a school district may request, through the
438	evaluation system approval process, to use a student achievement
439	measure rather than a student learning growth measure if
440	achievement is demonstrated to be a more appropriate measure of
441	classroom teacher performance. A school district may also
442	request to use a combination of student learning growth and
443	achievement, if appropriate.
444	(d)  If the student learning growth in a course is not
445	measured by a statewide assessment but is measured by a school
446	district assessment, a school district may request, through the
447	evaluation system approval process, that the performance
448	evaluation for the classroom teacher assigned to that course
449	include the learning growth of his or her students on FCAT
450	Reading or FCAT Mathematics. The request must clearly explain
451	the rationale supporting the request. However, the classroom
452	teacher's performance evaluation must give greater weight to
453	student learning growth on the district assessment.
454	(e)  For classroom teachers of courses for which the
455	district has not implemented appropriate assessments under s.
456	1008.22(8) or for which the school district has not adopted an
457	equally appropriate measure of student learning growth under
458	paragraphs (b)-(d), student learning growth must be measured by
459	the growth in learning of the classroom teacher's students on
460	statewide assessments, or, for courses in which enrolled
461	students do not take the statewide assessments, measurable
462	learning targets must be established based upon the goals of the
463	school improvement plan and approved by the school principal. A
464	district school superintendent may assign to instructional
465	personnel in an instructional team the student learning growth
466	of the instructional team's students on statewide assessments.
467	This paragraph expires July 1, 2015.
468	(8)  RULEMAKING.-The State Board of Education shall adopt
469	rules pursuant to ss. 120.536(1) and 120.54 which, that
470	establish uniform procedures guidelines for the submission,
471	review, and approval of district evaluation systems and
472	reporting requirements procedures for the annual evaluation
473	assessment of instructional personnel and school administrators;
474	specific, discrete standards for each performance level required
475	under subsection (2) to ensure clear and sufficient
476	differentiation in the performance levels and to provide
477	consistency in meaning across school districts; the measurement
478	of student learning growth and associated implementation
479	procedures required under subsection (7); and a process for
480	monitoring school district implementation of evaluation systems
481	in accordance with this section that include criteria for
482	evaluating professional performance. Specifically, the rules
483	shall establish a student learning growth standard that, if not
484	met, will result in the employee receiving an unsatisfactory
485	performance evaluation rating. In like manner, the rules shall
486	establish a student learning growth standard that must be met in
487	order for an employee to receive a highly effective rating and a
488	student learning growth standard that must be met in order for
489	an employee to receive an effective rating.
490	Section 3.  Subsection (8) of section 1008.22, Florida
491	Statutes, is amended to read:
492	1008.22  Student assessment program for public schools.-
493	(8)  LOCAL ASSESSMENTS.-
494	(a)  Measurement of the learning gains of students in all
495	subjects and grade levels other than subjects and grade levels
496	required for the state student achievement testing program is
497	the responsibility of the school districts.
498	(b)  Beginning with the 2014-2015 school year, each school
499	district shall administer for each course offered in the
500	district a student assessment that measures mastery of the
501	content, as described in the state-adopted course description,
502	at the necessary level of rigor for the course. Such assessments
503	may include:
504	1.  Statewide assessments.
505	2.  Other standardized assessments, including nationally
506	recognized standardized assessments.
507	3.  Industry certification examinations.
508	4.  District-developed or district-selected end-of-course
509	assessments.
510	(c)  The Commissioner of Education shall identify methods
511	to assist and support districts in the development and
512	acquisition of assessments required under this subsection.
513	Methods may include developing item banks, facilitating the
514	sharing of developed tests among school districts, acquiring
515	assessments from state and national curriculum-area
516	organizations, and providing technical assistance in best
517	professional practices of test development based upon state-
518	adopted curriculum standards, administration, and security.
519	Section 4.  Paragraphs (c) and (e) of subsection (1) of
520	section 1012.22, Florida Statutes, are amended to read:
521	1012.22  Public school personnel; powers and duties of the
522	district school board.-The district school board shall:
523	(1)  Designate positions to be filled, prescribe
524	qualifications for those positions, and provide for the
525	appointment, compensation, promotion, suspension, and dismissal
526	of employees as follows, subject to the requirements of this
527	chapter:
528	(c)  Compensation and salary schedules.-
529	1.  Definitions.-As used in this paragraph:
530	a.  "Adjustment" means an addition to the base salary
531	schedule that is not a bonus and becomes part of the employee's
532	permanent base salary and shall be considered compensation under
533	s. 121.021(22).
534	b.  "Grandfathered salary schedule" means the salary
535	schedule or schedules adopted by a district school board before
536	July 1, 2014, pursuant to subparagraph 4.
537	c.  "Instructional personnel" means instructional personnel
538	as defined in s. 1012.01(2)(a)-(d), excluding substitute
539	teachers.
540	d.  "Performance salary schedule" means the salary schedule
541	or schedules adopted by a district school board pursuant to
542	subparagraph 5.
543	e.  "Salary schedule" means the schedule or schedules used
544	to provide the base salary for district school board personnel.
545	f.  "School administrator" means a school administrator as
546	defined in s. 1012.01(3)(c).
547	g.  "Supplement" means an annual addition to the base
548	salary for the term of the negotiated supplement as long as the
549	employee continues his or her employment for the purpose of the
550	supplement. A supplement does not become part of the employee's
551	continuing base salary but shall be considered compensation
552	under s. 121.021(22).
553	2.  Cost-of-living adjustment.-A district school board may
554	provide a cost-of-living salary adjustment if the adjustment:
555	a.  Does not discriminate among comparable classes of
556	employees based upon the salary schedule under which they are
557	compensated.
558	b.  Does not exceed 50 percent of the annual adjustment
559	provided to instructional personnel rated as effective.
560	3.  Advanced degrees.-A district school board may not use
561	advanced degrees in setting a salary schedule for instructional
562	personnel or school administrators hired on or after July 1,
563	2011, unless the advanced degree is held in the individual's
564	area of certification and is only a salary supplement.
565	4.  Grandfathered salary schedule.-
566	a.  The district school board shall adopt a salary schedule
567	or salary schedules to be used as the basis for paying all
568	school employees hired before July 1, 2014. Instructional
569	personnel on annual contract as of July 1, 2014, shall be placed
570	on the performance salary schedule adopted under subparagraph 5.
571	Instructional personnel on continuing contract or professional
572	service contract may opt into the performance salary schedule if
573	the employee relinquishes such contract and agrees to be
574	employed on an annual contract under s. 1012.335. Such an
575	employee shall be placed on the performance salary schedule and
576	may not return to continuing contract or professional service
577	contract status. Any employee who opts into the performance
578	salary schedule may not return to the grandfathered salary
579	schedule.
580	b.  In determining the grandfathered salary schedule for
581	instructional personnel, a district school board must base a
582	portion of each employee's compensation upon performance
583	demonstrated under s. 1012.34 and shall provide differentiated
584	pay for both instructional personnel and school administrators
585	based upon district-determined factors, including, but not
586	limited to, additional responsibilities, school demographics,
587	critical shortage areas, and level of job performance
588	difficulties.
589	5.  Performance salary schedule.-By July 1, 2014, the
590	district school board shall adopt a performance salary schedule
591	that provides annual salary adjustments for instructional
592	personnel and school administrators based upon performance
593	determined under s. 1012.34. Employees hired on or after July 1,
594	2014, or employees who choose to move from the grandfathered
595	salary schedule to the performance salary schedule shall be
596	compensated pursuant to the performance salary schedule once
597	they have received the appropriate performance evaluation for
598	this purpose. However, a classroom teacher whose performance
599	evaluation utilizes student learning growth measures established
600	under s. 1012.34(7)(e) shall remain under the grandfathered
601	salary schedule until his or her teaching assignment changes to
602	a subject with an assessment or the school district establishes
603	equally appropriate measures of student learning growth as
604	defined under s. 1012.34 and rules of the State Board of
605	Education.
606	a.  Base salary.-The base salary shall be established as
607	follows:
608	(I)  The base salary for instructional personnel or school
609	administrators who opt into the performance salary schedule
610	shall be the salary paid in the prior year, including
611	adjustments only.
612	(II)  Beginning July 1, 2014, instructional personnel or
613	school administrators new to the district, returning to the
614	district after a break in service without an authorized leave of
615	absence, or appointed for the first time to a position in the
616	district in the capacity of instructional personnel or school
617	administrator shall be placed on the performance salary
618	schedule.
619	b.  Salary adjustments.-Salary adjustments for highly
620	effective or effective performance shall be established as
621	follows:
622	(I)  The annual salary adjustment under the performance
623	salary schedule for an employee rated as highly effective must
624	be greater than the highest annual salary adjustment available
625	to an employee of the same classification through any other
626	salary schedule adopted by the district.
627	(II)  The annual salary adjustment under the performance
628	salary schedule for an employee rated as effective must be equal
629	to at least 50 percent and no more than 75 percent of the annual
630	adjustment provided for a highly effective employee of the same
631	classification.
632	(III)  The performance salary schedule shall not provide an
633	annual salary adjustment for an employee who receives a rating
634	other than highly effective or effective for the year.
635	c.  Salary supplements.-In addition to the salary
636	adjustments, each district school board shall provide for salary
637	supplements for activities which must include, but are not
638	limited to:
639	(I)  Assignment to a Title I eligible school.
640	(II)  Assignment to a school in the bottom two categories
641	of the school improvement system under s. 1008.33 such that the
642	supplement remains in force for at least 1 year following
643	improved performance in that school.
644	(III)  Certification and teaching in critical teacher
645	shortage areas. Statewide critical teacher shortage areas shall
646	be identified by the State Board of Education pursuant to s.
647	1012.07. However, the district school board may identify other
648	areas of critical shortage within the school district for
649	purposes of this sub-sub-subparagraph and may remove areas
650	identified by the state board that do not apply within the
651	school district.
652	(IV)  Assignment of additional academic responsibilities.
653
654	If budget constraints in any given year limit a district school
655	board's ability to fully fund all adopted salary schedules, the
656	performance salary schedule shall not be reduced, on the basis
657	of either total cost or the value of individual awards, in a
658	manner that is proportionally greater than reductions to any
659	other salary schedules adopted by the district. The district
660	school board shall adopt a salary schedule or salary schedules
661	designed to furnish incentives for improvement in training and
662	for continued efficient service to be used as a basis for paying
663	all school employees and fix and authorize the compensation of
664	school employees on the basis thereof.
665	2.  A district school board, in determining the salary
666	schedule for instructional personnel, must base a portion of
667	each employee's compensation on performance demonstrated under
668	s. 1012.34, must consider the prior teaching experience of a
669	person who has been designated state teacher of the year by any
670	state in the United States, and must consider prior professional
671	experience in the field of education gained in positions in
672	addition to district level instructional and administrative
673	positions.
674	3.  In developing the salary schedule, the district school
675	board shall seek input from parents, teachers, and
676	representatives of the business community.
677	4.  Beginning with the 2007-2008 academic year, each
678	district school board shall adopt a salary schedule with
679	differentiated pay for both instructional personnel and school-
680	based administrators. The salary schedule is subject to
681	negotiation as provided in chapter 447 and must allow
682	differentiated pay based on district-determined factors,
683	including, but not limited to, additional responsibilities,
684	school demographics, critical shortage areas, and level of job
685	performance difficulties.
686	(e)  Transfer and promotion.-The district school board
687	shall act on recommendations of the district school
688	superintendent regarding transfer and promotion of any employee.
689	The district school superintendent's primary consideration in
690	recommending an individual for a promotion must be the
691	individual's demonstrated effectiveness under s. 1012.34.
692	Section 5.  Section 1012.335, Florida Statutes, is created
693	to read:
694	1012.335  Contracts with instructional personnel hired on
695	or after July 1, 2011.-
696	(1)  DEFINITIONS.-As used in this section, the term:
697	(a)  "Annual contract" means an employment contract for a
698	period of no longer than 1 school year which the district school
699	board may choose to award or not award without cause.
700	(b)  "Instructional personnel" means instructional
701	personnel as defined in s. 1012.01(2)(a)-(d), excluding
702	substitute teachers.
703	(c)  "Probationary contract" means an employment contract
704	for a period of 1 school year awarded to instructional personnel
705	upon initial employment in a school district. Probationary
706	contract employees may be dismissed without cause or may resign
707	without breach of contract. A district school board may not
708	award a probationary contract more than once to the same
709	employee unless the employee was rehired after a break in
710	service for which an authorized leave of absence was not
711	granted. A probationary contract shall be awarded regardless of
712	previous employment in another school district or state.
713	(2)  EMPLOYMENT.-
714	(a)  Beginning July 1, 2011, each individual newly hired as
715	instructional personnel by the district school board shall be
716	awarded a probationary contract. Upon successful completion of
717	the probationary contract, the district school board may award
718	an annual contract pursuant to paragraph (c).
719	(b)  Beginning July 1, 2011, an annual contract may be
720	awarded pursuant to paragraph (c) for instructional personnel
721	who have successfully completed a probationary contract with the
722	district school board and have received one or more annual
723	contracts from the district school board.
724	(c)  An annual contract may be awarded only if the
725	employee:
726	1.  Holds an active professional certificate or temporary
727	certificate issued pursuant to s. 1012.56 and rules of the State
728	Board of Education.
729	2.  Has been recommended by the district school
730	superintendent for the annual contract based upon the
731	individual's evaluation under s. 1012.34 and approved by the
732	district school board.
733	3.  Has not received two consecutive annual performance
734	evaluation ratings of unsatisfactory, two annual performance
735	evaluation ratings of unsatisfactory within a 3-year period, or
736	three consecutive annual performance evaluation ratings of needs
737	improvement or a combination of needs improvement and
738	unsatisfactory under s. 1012.34.
739	(3)  VIOLATION OF ANNUAL CONTRACT.-Instructional personnel
740	who accept a written offer from the district school board and
741	who leave their positions without prior release from the
742	district school board are subject to the jurisdiction of the
743	Education Practices Commission.
744	(4)  SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
745	ANNUAL CONTRACT.-Any instructional personnel with an annual
746	contract may be suspended or dismissed at any time during the
747	term of the contract for just cause as provided in subsection
748	(5). The district school board shall notify the employee in
749	writing whenever charges are made and may suspend such person
750	without pay. However, if the charges are not sustained, the
751	employee shall be immediately reinstated and his or her back pay
752	shall be paid. If the employee wishes to contest the charges, he
753	or she must, within 15 days after receipt of the written notice,
754	submit a written request for a hearing to the district school
755	board. A direct hearing shall be conducted by the district
756	school board or a subcommittee thereof within 60 days after
757	receipt of the written appeal. The hearing shall be conducted in
758	accordance with ss. 120.569 and 120.57. A majority vote of the
759	membership of the district school board shall be required to
760	sustain the district school superintendent's recommendation. The
761	district school board's determination is final as to the
762	sufficiency or insufficiency of the grounds for suspension
763	without pay or dismissal. Any such decision adverse to the
764	employee may be appealed by the employee pursuant to s. 120.68.
765	(5)  JUST CAUSE.-The State Board of Education shall adopt
766	rules pursuant to ss. 120.536(1) and 120.54 to define the term
767	"just cause." Just cause includes, but is not limited to:
768	(a)  Immorality.
769	(b)  Misconduct in office.
770	(c)  Incompetency.
771	(d)  Gross insubordination.
772	(e)  Willful neglect of duty.
773	(f)  Being convicted or found guilty of, or entering a plea
774	of guilty to, regardless of adjudication of guilt, any crime
775	involving moral turpitude.
776	(6)  LIMITATION.-An individual newly hired as instructional
777	personnel by a school district in this state under this section
778	is ineligible for any contract issued under s. 1012.33.
779	Section 6.  Paragraph (b) of subsection (16) of section
780	1002.33, Florida Statutes, is amended to read:
781	1002.33  Charter schools.-
782	(16)  EXEMPTION FROM STATUTES.-
783	(b)  Additionally, a charter school shall be in compliance
784	with the following statutes:
785	1.  Section 286.011, relating to public meetings and
786	records, public inspection, and criminal and civil penalties.
787	2.  Chapter 119, relating to public records.
788	3.  Section 1003.03, relating to the maximum class size,
789	except that the calculation for compliance pursuant to s.
790	1003.03 shall be the average at the school level.
791	4.  Section 1012.22(1)(c), relating to compensation and
792	salary schedules.
793	5.  Section 1012.33(5), relating to workforce reductions.
794	6.  Section 1012.335, relating to contracts with
795	instructional personnel hired on or after July 1, 2011.
796	7.  Section 1012.34, relating to the substantive
797	requirements for performance evaluations for instructional
798	personnel and school administrators.
799	Section 7.  Paragraph (h) of subsection (2) of section
800	1003.621, Florida Statutes, is amended to read:
801	1003.621  Academically high-performing school districts.-It
802	is the intent of the Legislature to recognize and reward school
803	districts that demonstrate the ability to consistently maintain
804	or improve their high-performing status. The purpose of this
805	section is to provide high-performing school districts with
806	flexibility in meeting the specific requirements in statute and
807	rules of the State Board of Education.
808	(2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
809	high-performing school district shall comply with all of the
810	provisions in chapters 1000-1013, and rules of the State Board
811	of Education which implement these provisions, pertaining to the
812	following:
813	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
814	public school personnel compensation and salary schedules; s.
815	1012.34, relating to personnel evaluation procedures and
816	criteria; and ss. 1012.33 and 1012.335, relating to contracts
817	with instructional personnel, staff, supervisors, and school
818	administrators differentiated pay and performance-pay policies
819	for school administrators and instructional personnel.
820	Professional service contracts are subject to the provisions of
821	ss. 1012.33 and 1012.34.
822	Section 8.  Subsection (4) of section 1006.09, Florida
823	Statutes, is amended to read:
824	1006.09  Duties of school principal relating to student
825	discipline and school safety.-
826	(4)  When a student has been the victim of a violent crime
827	perpetrated by another student who attends the same school, the
828	school principal shall make full and effective use of the
829	provisions of subsection (2) and s. 1006.13(6). A school
830	principal who fails to comply with this subsection shall be
831	ineligible for any portion of the performance pay policy
832	incentive or the differentiated pay under s. 1012.22. However,
833	if any party responsible for notification fails to properly
834	notify the school, the school principal shall be eligible for
835	the performance pay incentive or differentiated pay.
836	Section 9.  Section 1012.07, Florida Statutes, is amended
837	to read:
838	1012.07  Identification of critical teacher shortage
839	areas.-
840	(1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
841	"critical teacher shortage area" means high-need content areas
842	applies to mathematics, science, career education, and high-
843	priority high priority location areas identified by. the State
844	Board of Education may identify career education programs having
845	critical teacher shortages. The State Board of Education shall
846	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
847	annually identify other critical teacher shortage areas and high
848	priority location areas. The state board must shall also
849	consider current and emerging educational requirements and
850	workforce demands teacher characteristics such as ethnic
851	background, race, and sex in determining critical teacher
852	shortage areas. School grade levels may also be designated
853	critical teacher shortage areas. Individual district school
854	boards may identify and submit other critical teacher shortage
855	areas. Such submissions shortages must be aligned to current and
856	emerging educational requirements and workforce demands in order
857	to be certified to and approved by the State Board of Education.
858	High-priority High priority location areas shall be in high-
859	density, low-economic urban schools, and low-density, low-
860	economic rural schools, and schools identified as lowest
861	performing under s. 1008.33(4)(b) shall include schools which
862	meet criteria which include, but are not limited to, the
863	percentage of free lunches, the percentage of students under
864	Chapter I of the Education Consolidation and Improvement Act of
865	1981, and the faculty attrition rate.
866	(2)  This section shall be implemented only to the extent
867	as specifically funded and authorized by law.
868	Section 10.  Subsection (5) of section 1012.2315, Florida
869	Statutes, is amended to read:
870	1012.2315  Assignment of teachers.-
871	(5)  REPORT.-
872	(a)  Beginning July 1, 2012, the Department of Education
873	shall annually report on its website, in a manner that is
874	accessible to the public, the performance rating data reported
875	by district school boards under s. 1012.34. The report must
876	include the percentage of classroom teachers, instructional
877	personnel, and school administrators receiving each performance
878	rating aggregated by school district and by school.
879	(b)  Notwithstanding the provisions of s. 1012.31(3)(a)2.,
880	each school district shall annually report to a parent the fact
881	that his or her child has been assigned to a classroom teacher
882	or school administrator having two consecutive annual
883	performance evaluation ratings of unsatisfactory under s.
884	1012.34, two annual performance evaluation ratings of
885	unsatisfactory within a 3-year period under s. 1012.34, or three
886	consecutive annual performance evaluation ratings of needs
887	improvement or a combination of needs improvement and
888	unsatisfactory under s. 1012.34. Schools graded "D" or "F" shall
889	annually report their teacher-retention rate. Included in this
890	report shall be reasons listed for leaving by each teacher who
891	left the school for any reason.
892	Section 11.  Subsections (1) and (2) of section 1012.27,
893	Florida Statutes, are amended to read:
894	1012.27  Public school personnel; powers and duties of
895	district school superintendent.-The district school
896	superintendent is responsible for directing the work of the
897	personnel, subject to the requirements of this chapter, and in
898	addition the district school superintendent shall perform the
899	following:
900	(1)  POSITIONS, QUALIFICATIONS, AND NOMINATIONS.-
901	(a)  Recommend to the district school board duties and
902	responsibilities which need to be performed and positions which
903	need to be filled to make possible the development of an
904	adequate school program in the district.
905	(b)  Recommend minimum qualifications of personnel for
906	these various positions, and nominate in writing persons to fill
907	such positions.
908
909	The district school superintendent's recommendations for filling
910	instructional positions at the school level must consider
911	nominations received from school principals of the respective
912	schools. Before transferring a teacher who holds a professional
913	teaching certificate from one school to another, the district
914	school superintendent shall consult with the principal of the
915	receiving school and allow the principal to review the teacher's
916	records, including student performance demonstrated under s.
917	1012.34, and interview the teacher. If, in the judgment of the
918	principal, students would not benefit from the placement, an
919	alternative placement may be sought. A principal may refuse the
920	placement in accordance with s. 1012.28(6).
921	(2)  COMPENSATION AND SALARY SCHEDULES.-Prepare and
922	recommend to the district school board for adoption a salary
923	schedule or salary schedules in accordance with s. 1012.22. The
924	district school superintendent must recommend a salary schedule
925	for instructional personnel which bases a portion of each
926	employee's compensation on performance demonstrated under s.
927	1012.34. In developing the recommended salary schedule, the
928	district school superintendent shall include input from parents,
929	teachers, and representatives of the business community.
930	Beginning with the 2007-2008 academic year, the recommended
931	salary schedule for classroom teachers shall be consistent with
932	the district's differentiated-pay policy based upon s. 1012.22.
933	Section 12.  Subsection (3) of section 1012.28, Florida
934	Statutes, is amended, present subsection (6) is renumbered as
935	subsection (7) and amended, and a new subsection (6) is added to
936	that section, to read:
937	1012.28  Public school personnel; duties of school
938	principals.-
939	(3)  Each school principal is responsible for the
940	performance of all personnel employed by the district school
941	board and assigned to the school to which the principal is
942	assigned. The school principal shall faithfully and effectively
943	apply the personnel evaluation assessment system approved by the
944	district school board pursuant to s. 1012.34.
945	(6)  A principal may refuse to accept the placement or
946	transfer of instructional personnel by the district school
947	superintendent to his or her school unless the instructional
948	personnel has a performance rating of effective or highly
949	effective under s. 1012.34.
950	(7)(6)  A school principal who fails to comply with this
951	section shall be ineligible for any portion of the performance
952	pay policy incentive and differentiated pay under s. 1012.22.
953	Section 13.  Paragraph (a) of subsection (1) and
954	subsections (3) and (5) of section 1012.33, Florida Statutes,
955	are amended to read:
956	1012.33  Contracts with instructional staff, supervisors,
957	and school principals.-
958	(1)(a)  Each person employed as a member of the
959	instructional staff in any district school system shall be
960	properly certified pursuant to s. 1012.56 or s. 1012.57 or
961	employed pursuant to s. 1012.39 and shall be entitled to and
962	shall receive a written contract as specified in this section.
963	All such contracts, except continuing contracts as specified in
964	subsection (4), shall contain provisions for dismissal during
965	the term of the contract only for just cause. Just cause
966	includes, but is not limited to, the following instances, as
967	defined by rule of the State Board of Education: immorality,
968	misconduct in office, incompetency, two consecutive annual
969	performance evaluation ratings of unsatisfactory under s.
970	1012.34, two annual performance evaluation ratings of
971	unsatisfactory within a 3-year period under s. 1012.34, three
972	consecutive annual performance evaluation ratings of needs
973	improvement or a combination of needs improvement and
974	unsatisfactory under s. 1012.34, gross insubordination, willful
975	neglect of duty, or being convicted or found guilty of, or
976	entering a plea of guilty to, regardless of adjudication of
977	guilt, any crime involving moral turpitude.
978	(3)(a)  Each district school board shall provide a
979	professional service contract as prescribed herein. Each member
980	of the instructional staff who completed the following
981	requirements prior to July 1, 1984, shall be entitled to and
982	shall be issued a continuing contract in the form prescribed by
983	rules of the state board pursuant to s. 231.36, Florida Statutes
984	(1981). Each member of the instructional staff who completes the
985	following requirements on or after July 1, 1984, shall be
986	entitled to and shall be issued a professional service contract
987	in the form prescribed by rules of the state board as provided
988	herein:
989	1.  The member must hold a professional certificate as
990	prescribed by s. 1012.56 and rules of the State Board of
991	Education.
992	2.  The member must have completed 3 years of probationary
993	service in the district during a period not in excess of 5
994	successive years, except for leave duly authorized and granted.
995	3.  The member must have been recommended by the district
996	school superintendent for such contract and reappointed by the
997	district school board based on successful performance of duties
998	and demonstration of professional competence.
999	4.  For any person newly employed as a member of the
1000	instructional staff after June 30, 1997, the initial annual
1001	contract shall include a 97-day probationary period during which
1002	time the employee's contract may be terminated without cause or
1003	the employee may resign without breach of contract.
1004	(b)  The professional service contract shall be effective
1005	at the beginning of the school fiscal year following the
1006	completion of all requirements therefor.
1007	(c)  The period of service provided herein may be extended
1008	to 4 years when prescribed by the district school board and
1009	agreed to in writing by the employee at the time of
1010	reappointment.
1011	(d)  A district school board may issue a continuing
1012	contract prior to July 1, 1984, and may issue a professional
1013	service contract subsequent to July 1, 1984, to any employee who
1014	has previously held a professional service contract or
1015	continuing contract in the same or another district within this
1016	state. Any employee who holds a continuing contract may, but is
1017	not required to, exchange such continuing contract for a
1018	professional service contract in the same district.
1019	(d)(e)  A professional service contract shall be renewed
1020	each year unless:
1021	1.  The district school superintendent, after receiving the
1022	recommendations required by s. 1012.34, charges the employee
1023	with unsatisfactory performance and notifies the employee of
1024	performance deficiencies as required by s. 1012.34; or
1025	2.  The employee receives two consecutive annual
1026	performance evaluation ratings of unsatisfactory under s.
1027	1012.34, two annual performance evaluation ratings of
1028	unsatisfactory within a 3-year period under s. 1012.34, or three
1029	consecutive annual performance evaluation ratings of needs
1030	improvement or a combination of needs improvement and
1031	unsatisfactory under s. 1012.34. An employee who holds a
1032	professional service contract on July 1, 1997, is subject to the
1033	procedures set forth in paragraph (f) during the term of the
1034	existing professional service contract. The employee is subject
1035	to the procedures set forth in s. 1012.34(3)(d) upon the next
1036	renewal of the professional service contract; however, if the
1037	employee is notified of performance deficiencies before the next
1038	contract renewal date, the procedures of s. 1012.34(3)(d) do not
1039	apply until the procedures set forth in paragraph (f) have been
1040	exhausted and the professional service contract is subsequently
1041	renewed.
1042	(f)  The district school superintendent shall notify an
1043	employee who holds a professional service contract on July 1,
1044	1997, in writing, no later than 6 weeks prior to the end of the
1045	postschool conference period, of performance deficiencies which
1046	may result in termination of employment, if not corrected during
1047	the subsequent year of employment (which shall be granted for an
1048	additional year in accordance with the provisions in subsection
1049	(1)). Except as otherwise hereinafter provided, this action
1050	shall not be subject to the provisions of chapter 120, but the
1051	following procedures shall apply:
1052	1.  On receiving notice of unsatisfactory performance, the
1053	employee, on request, shall be accorded an opportunity to meet
1054	with the district school superintendent, or his or her designee,
1055	for an informal review of the determination of unsatisfactory
1056	performance.
1057	2.  An employee notified of unsatisfactory performance may
1058	request an opportunity to be considered for a transfer to
1059	another appropriate position, with a different supervising
1060	administrator, for the subsequent year of employment. If the
1061	request for the transfer is granted, the district school
1062	superintendent shall annually report to the department the total
1063	number of employees transferred pursuant to this subparagraph,
1064	where they were transferred, and what, if any, remediation was
1065	implemented to remediate the unsatisfactory performance.
1066	3.  During the subsequent year, the employee shall be
1067	provided assistance and inservice training opportunities to help
1068	correct the noted performance deficiencies. The employee shall
1069	also be evaluated periodically so that he or she will be kept
1070	apprised of progress achieved.
1071	4.  Not later than 6 weeks prior to the close of the
1072	postschool conference period of the subsequent year, the
1073	district school superintendent, after receiving and reviewing
1074	the recommendation required by s. 1012.34, shall notify the
1075	employee, in writing, whether the performance deficiencies have
1076	been corrected. If so, a new professional service contract shall
1077	be issued to the employee. If the performance deficiencies have
1078	not been corrected, the district school superintendent may
1079	notify the district school board and the employee, in writing,
1080	that the employee shall not be issued a new professional service
1081	contract; however, if the recommendation of the district school
1082	superintendent is not to issue a new professional service
1083	contract, and if the employee wishes to contest such
1084	recommendation, the employee will have 15 days from receipt of
1085	the district school superintendent's recommendation to demand,
1086	in writing, a hearing. In such hearing, the employee may raise
1087	as an issue, among other things, the sufficiency of the district
1088	school superintendent's charges of unsatisfactory performance.
1089	Such hearing shall be conducted at the district school board's
1090	election in accordance with one of the following procedures:
1091	a.  A direct hearing conducted by the district school board
1092	within 60 days of receipt of the written appeal. The hearing
1093	shall be conducted in accordance with the provisions of ss.
1094	120.569 and 120.57. A majority vote of the membership of the
1095	district school board shall be required to sustain the district
1096	school superintendent's recommendation. The determination of the
1097	district school board shall be final as to the sufficiency or
1098	insufficiency of the grounds for termination of employment; or
1099	b.  A hearing conducted by an administrative law judge
1100	assigned by the Division of Administrative Hearings of the
1101	Department of Management Services. The hearing shall be
1102	conducted within 60 days of receipt of the written appeal in
1103	accordance with chapter 120. The recommendation of the
1104	administrative law judge shall be made to the district school
1105	board. A majority vote of the membership of the district school
1106	board shall be required to sustain or change the administrative
1107	law judge's recommendation. The determination of the district
1108	school board shall be final as to the sufficiency or
1109	insufficiency of the grounds for termination of employment.
1110	(g)  Beginning July 1, 2001, for each employee who enters
1111	into a written contract, pursuant to this section, in a school
1112	district in which the employee was not employed as of June 30,
1113	2001, or was employed as of June 30, 2001, but has since broken
1114	employment with that district for 1 school year or more, for
1115	purposes of pay, a district school board must recognize and
1116	accept each year of full-time public school teaching service
1117	earned in the State of Florida for which the employee received a
1118	satisfactory performance evaluation; however, an employee may
1119	voluntarily waive this provision. Instructional personnel
1120	employed pursuant to s. 121.091(9)(b) and (c) are exempt from
1121	the provisions of this paragraph.
1122	(5)  If workforce reduction is needed, a district school
1123	board must retain employees at a school or in the school
1124	district based upon educational program needs and the
1125	performance evaluations of employees within the affected program
1126	areas. Within the program areas requiring reduction, the
1127	employee with the lowest performance evaluations must be the
1128	first to be released; the employee with the next lowest
1129	performance evaluations must be the second to be released; and
1130	reductions shall continue in like manner until the needed number
1131	of reductions has occurred. A district school board may not
1132	prioritize retention of employees based upon seniority. Should a
1133	district school board have to choose from among its personnel
1134	who are on continuing contracts or professional service
1135	contracts as to which should be retained, such decisions shall
1136	be made pursuant to the terms of a collectively bargained
1137	agreement, when one exists. If no such agreement exists, the
1138	district school board shall prescribe rules to handle reductions
1139	in workforce.
1140	Section 14.  Section 1012.52, Florida Statutes, is
1141	repealed.
1142	Section 15.  Paragraph (h) of subsection (1) of section
1143	1012.795, Florida Statutes, is amended to read:
1144	1012.795  Education Practices Commission; authority to
1145	discipline.-
1146	(1)  The Education Practices Commission may suspend the
1147	educator certificate of any person as defined in s. 1012.01(2)
1148	or (3) for up to 5 years, thereby denying that person the right
1149	to teach or otherwise be employed by a district school board or
1150	public school in any capacity requiring direct contact with
1151	students for that period of time, after which the holder may
1152	return to teaching as provided in subsection (4); may revoke the
1153	educator certificate of any person, thereby denying that person
1154	the right to teach or otherwise be employed by a district school
1155	board or public school in any capacity requiring direct contact
1156	with students for up to 10 years, with reinstatement subject to
1157	the provisions of subsection (4); may revoke permanently the
1158	educator certificate of any person thereby denying that person
1159	the right to teach or otherwise be employed by a district school
1160	board or public school in any capacity requiring direct contact
1161	with students; may suspend the educator certificate, upon an
1162	order of the court or notice by the Department of Revenue
1163	relating to the payment of child support; or may impose any
1164	other penalty provided by law, if the person:
1165	(h)  Has breached a contract, as provided in s. 1012.33(2)
1166	or s. 1012.335.
1167	Section 16.  (1)  Notwithstanding any other provision of
1168	this act, a school district that received an exemption under
1169	Florida's Race to the Top Memorandum of Understanding for Phase
1170	2, as provided in section (D)(2)(ii) of the memorandum, is
1171	allowed to base 40 percent, instead of 50 percent, of
1172	instructional personnel and school administrator performance
1173	evaluations upon student learning growth under s. 1012.34,
1174	Florida Statutes, as amended by this act. The school district is
1175	also exempt from the amendments to s. 1012.22(1)(c), Florida
1176	Statutes, made by this act. The exemptions described in this
1177	subsection are effective for the 2011-2012 school year and are
1178	effective for each school year thereafter if the school district
1179	receives annual approval by the State Board of Education.
1180	(2)  The State Board of Education shall base its approval
1181	upon demonstration by the school district of the following:
1182	(a)  The instructional personnel and school administrator
1183	evaluation systems base at least 40 percent of an employee's
1184	performance evaluation upon student performance and that student
1185	performance is the single greatest component of an employee's
1186	evaluation.
1187	(b)  The instructional personnel and school administrator
1188	evaluation systems adopt the Commissioner of Education's student
1189	learning growth formula for statewide assessments as provided
1190	under s. 1012.34(7), Florida Statutes, as created by this act.
1191	(c)  The school district's instructional personnel and
1192	school administrator compensation system awards salary increases
1193	based upon sustained student performance.
1194	(d)  The school district's contract system awards
1195	instructional personnel and school administrators based upon
1196	student performance and removes ineffective employees.
1197	(e)  Beginning with the 2014-2015 school year and each
1198	school year thereafter, student learning growth based upon
1199	performance on statewide assessments under s. 1008.22, Florida
1200	Statutes, must have significantly improved compared to student
1201	learning growth in the district in 2011-2012 and significantly
1202	improved compared to other school districts.
1203	(3)  The State Board of Education shall annually renew a
1204	school district's exemptions if the school district demonstrates
1205	that it meets the requirements of subsection (2). If the
1206	exemptions are not renewed, the school district must comply with
1207	the requirements and laws described in subsection (1) by the
1208	beginning of the next school year immediately following the loss
1209	of the exemptions.
1210	(4)  The State Board of Education shall adopt rules
1211	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1212	establish the procedures for applying for the exemptions and the
1213	criteria for renewing the exemptions.
1214
1215	This section shall be repealed August 1, 2017, unless reviewed
1216	and reenacted by the Legislature.
1217	Section 17.  Chapter 2010-279, Laws of Florida, does not
1218	apply to any rulemaking required to administer this act.
1219	Section 18.  The provisions of any special act or general
1220	law of local application relating to contracts for instructional
1221	personnel or school administrators in public schools or school
1222	districts in effect on or before the effective date of this act
1223	are repealed.
1224	Section 19.  The amendments made by this act to s. 1012.33,
1225	Florida Statutes, apply to contracts newly entered into,
1226	extended, or readopted on or after July 1, 2011, and to all
1227	contracts entered into on or after July 1, 2014.
1228	Section 20.  If any provision of this act or its
1229	application to any person or circumstance is held invalid, the
1230	invalidity does not affect other provisions or applications of
1231	the act which can be given effect without the invalid provision
1232	or application, and to this end the provisions of this act are
1233	severable.
1234	Section 21.  Except as otherwise expressly provided in this
1235	act and except for this section, which shall take effect upon
1236	this act becoming a law, this act shall take effect July 1,
1237	2011.

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