Florida Senate - 2011                              CS for SB 736
       By the Committee on Education Pre-K - 12; and Senator Wise
       581-01884A-11                                          2011736c1
    1                        A bill to be entitled                      
    2         An act relating to education personnel; providing a
    3         short title; amending s. 1012.34, F.S.; revising
    4         provisions related to the evaluation of instructional
    5         personnel and school administrators; requiring that
    6         the Department of Education approve school district
    7         evaluation systems; requiring the Department of
    8         Education to collect evaluation information from
    9         school districts and to report such information to the
   10         Governor and Legislature; providing requirements for
   11         the evaluation systems; requiring the Commissioner of
   12         Education to select formulas for school districts to
   13         use in measuring growth in learning by students;
   14         requiring the State Board of Education to adopt
   15         formulas; conforming provisions to changes made by the
   16         act; amending s. 1008.22, F.S.; revising provisions
   17         requiring school districts to develop and implement
   18         end-of-course assessments; amending s. 1012.22, F.S.;
   19         revising the powers and duties of the district school
   20         board with respect to school district compensation and
   21         salary schedules; requiring that certain performance
   22         criteria be included in the adopted schedules;
   23         revising the differentiated pay provisions; creating
   24         s. 1012.335, F.S.; providing definitions; revising the
   25         contract requirements for instructional personnel
   26         hired on or after a certain date; requiring that the
   27         State Board of Education adopt rules defining the term
   28         “just cause”; providing guidelines for such term;
   29         providing that certain individuals who are hired as
   30         instructional personnel are ineligible for contracts
   31         issued under s. 1012.33, F.S.; amending s. 1002.33,
   32         F.S.; requiring charter schools to adopt a salary
   33         schedule for instructional personnel and school
   34         administrators which meets certain requirements;
   35         requiring charter schools to comply with requirements
   36         relating to personnel evaluation procedures and
   37         criteria and certain contracts; amending s. 1003.621,
   38         F.S.; providing additional requirements for personnel
   39         in academically high-performing school districts;
   40         amending s. 1012.07, F.S.; revising the methodology
   41         for determining critical teacher shortage areas;
   42         amending s. 1012.2315, F.S.; providing additional
   43         reporting requirements concerning instructional
   44         personnel and school administrator assignments;
   45         amending s. 1012.27, F.S.; revising the criteria for
   46         transfer requests by teachers; conforming provisions
   47         to changes made by the act; amending s. 1012.28, F.S.;
   48         authorizing a principal to refuse to accept the
   49         placement or transfer of instructional personnel under
   50         certain circumstances; amending s. 1012.33, F.S.;
   51         revising provisions relating to contracts with certain
   52         education personnel; requiring that a district school
   53         board’s decision to retain personnel be primarily
   54         based on the employee’s performance; repealing s.
   55         1012.52, F.S., relating to legislative intent for
   56         teacher quality; amending s. 1012.795, F.S.;
   57         conforming provisions to changes made by the act;
   58         authorizing school districts to seek an exemption from
   59         the State Board of Education from the requirement of
   60         certain laws; authorizing the State Board of Education
   61         to adopt rules; providing that a certain specified
   62         provision of law does not apply to any rulemaking
   63         required to administer the act; providing for the
   64         repeal of certain special acts or general laws of
   65         local application related to instructional personnel
   66         in public schools or school districts; providing an
   67         exception; providing for severability; providing for
   68         application of a specified provision of the act;
   69         providing effective dates.
   71  Be It Enacted by the Legislature of the State of Florida:
   73         Section 1. This act may be cited as the “Race to the Top
   74  for Student Success Act.”
   75         Section 2. Effective upon this act becoming a law, section
   76  1012.34, Florida Statutes, is amended to read:
   77         1012.34 Personnel evaluation Assessment procedures and
   78  criteria.—
   80         (a) For the purpose of increasing student achievement by
   81  improving the quality of instructional, administrative, and
   82  supervisory services in the public schools of the state, the
   83  district school superintendent shall establish procedures for
   84  evaluating assessing the performance of duties and
   85  responsibilities of all instructional, administrative, and
   86  supervisory personnel employed by the school district. Each
   87  school district shall annually report to the Department of
   88  Education the evaluation results of its evaluation system for
   89  instructional personnel and school administrators.
   90         (b) The Department of Education must approve each
   91  district’s evaluation systems for its instructional personnel
   92  and school administrators instructional personnel assessment
   93  system. The Department of Education shall monitor each
   94  district’s implementation of its instructional personnel and
   95  school administrator evaluation system for compliance with this
   96  section.
   97         (c)By December 1 of each year, the Commissioner of
   98  Education shall report to the Governor, the President of the
   99  Senate, and the Speaker of the House of Representatives the
  100  approval and implementation status of each district’s evaluation
  101  system, including the aggregate performance results and findings
  102  from the monitoring process for: classroom teachers, but
  103  excluding substitute teachers; instructional personnel, as
  104  defined in s. 1012.01(2)(b)-(d); and school administrators.
  105         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
  106  must The following conditions must be considered in the design
  107  of the district’s instructional personnel assessment system:
  108         (a) The system must Be designed to support effective
  109  instruction and student achievement, and the results must be
  110  used to inform district and school level improvement plans.
  111         (b) The system must Provide appropriate instruments,
  112  procedures, and criteria for continuous quality improvement of
  113  the professional skills, and the results must be used to inform
  114  the professional development of instructional personnel and
  115  school administrators.
  116         (c) The system must Include a mechanism to examine
  117  performance data from multiple sources, which includes giving
  118  give parents an opportunity to provide input into employee
  119  performance evaluations assessments when appropriate.
  120         (d) Identify In addition to addressing generic teaching
  121  competencies, districts must determine those teaching fields for
  122  which special evaluation procedures and criteria will be
  123  developed.
  124         (e) Differentiate among four levels of performance, which
  125  include the following:
  126         1. Highly effective.
  127         2. Effective.
  128         3. Needs improvement or, for instructional personnel in the
  129  first 3 years of employment or in the first year of a new
  130  teaching assignment who need improvement, developing.
  131         4. Unsatisfactory.
  133  The Commissioner of Education shall consult with experts and
  134  classroom teachers in developing the criteria for the
  135  performance levels. In developing the criteria for the
  136  performance levels, the Commissioner of Education shall consult
  137  with a person appointed by each of the following associations:
  138  the Florida School Boards Association, the Florida Association
  139  of District School Superintendents, and the Florida Education
  140  Association. Each district school board may establish a peer
  141  assistance process. The plan may provide a mechanism for
  142  assistance of persons who are placed on performance probation as
  143  well as offer assistance to other employees who request it.
  144         (f) The district school board shall Provide for training
  145  programs that are based upon guidelines provided by the
  146  department of Education to ensure that all individuals who have
  147  with evaluation responsibilities understand the proper use of
  148  the evaluation assessment criteria and procedures.
  149         (g) Include a process for monitoring the effective and
  150  consistent use of evaluation criteria by supervisors and
  151  administrators.
  152         (h)Include a process for evaluating the effectiveness of
  153  the system itself in improving the level of instruction and
  154  learning in the district’s schools.
  156  In addition, each district school board may establish a peer
  157  assistance process. This process may be a part of the regular
  158  evaluation system or used to assist employees placed on
  159  performance probation, beginning teachers, or those who request
  160  assistance.
  161         (3) EVALUATION CRITERIA.—The evaluation assessment
  162  procedure for instructional personnel and school administrators
  163  must be primarily based on the performance of students assigned
  164  to their classrooms or schools, as provided in this section
  165  appropriate. Pursuant to this section, a school district’s
  166  performance evaluation assessment is not limited to basing
  167  unsatisfactory performance of instructional personnel and school
  168  administrators solely upon student performance, but may include
  169  other criteria approved to evaluate assess instructional
  170  personnel and school administrators’ performance, or any
  171  combination of student performance and other approved criteria.
  172  The procedures must comply with, but are not limited to, the
  173  following requirements:
  174         (a) An evaluation assessment must be conducted for each
  175  employee at least once a year, except that a newly hired
  176  classroom teacher must be evaluated at least twice in the first
  177  year of teaching in the school district. The evaluation
  178  assessment must be based upon sound educational principles and
  179  contemporary research in effective educational practices. The
  180  assessment must primarily use data and indicators of improvement
  181  in student performance assessed annually as specified in s.
  182  1008.22 and may consider results of peer reviews in evaluating
  183  the employee’s performance. Student performance must be measured
  184  by state assessments required under s. 1008.22 and by local
  185  assessments for subjects and grade levels not measured by the
  186  state assessment program. The evaluation assessment criteria
  187  must include, but need are not be limited to, indicators of that
  188  relate to the following:
  189         1. Performance of students. The evaluation must base at
  190  least 50 percent of the results on data and indicators of
  191  student learning growth assessed annually by state assessments
  192  or, for subjects and grade levels not measured by the state
  193  assessments, by district assessments as provided in s.
  194  1008.22(8). The school district must use the state-adopted
  195  measure of student growth for all courses associated with state
  196  assessments and must select comparable measures of student
  197  growth for other grades and subjects as provided in subsection
  198  (8).
  199         a. For classroom teachers, excluding substitute teachers,
  200  the student growth portion of the evaluation must include growth
  201  data, as defined in subsection (8), for students assigned to the
  202  teacher over the course of at least 3 years. If less than 3
  203  years of data are available, the school district must include
  204  the years for which data are available and may reduce the
  205  percentage of the evaluation based on student growth to not less
  206  than 40 percent.
  207         b. For instructional personnel who are not classroom
  208  teachers, the student growth portion of the evaluation must
  209  include growth data on state assessments, as defined in
  210  subsection (8), for students assigned to the instructional
  211  personnel over the course of at least 3 years, or may include a
  212  combination of growth data and other measurable student outcomes
  213  that are specific to the personnel assignment, provided that the
  214  student growth data account for not less than 30 percent of the
  215  evaluation. If less than 3 years of student growth data are
  216  available, the district must include the years for which data
  217  are available and may reduce the percentage of the evaluation
  218  based on student growth to not less than 20 percent.
  219         c. For school administrators, the student growth portion of
  220  the evaluation must include growth data, as defined in
  221  subsection (8), for students assigned to the school over the
  222  course of at least 3 years. If less than 3 years of data are
  223  available, the district must include the years for which data
  224  are available, and may reduce the percentage of the evaluation
  225  based on student growth to not less than 40 percent.
  226         2. Instructional practice. For classroom teachers, criteria
  227  must include indicators based on each of the Florida Educator
  228  Accomplished Practices adopted by the State Board of Education.
  229  For instructional personnel who are not classroom teachers,
  230  performance criteria must be based on indicators of the Florida
  231  Educator Accomplished Practices and may include specific job
  232  performance expectations related to student support.
  233         3.Instructional leadership. For school administrators,
  234  criteria must include indicators based on each of the leadership
  235  standards adopted by the State Board of Education under s.
  236  1012.986, including the following: performance measures related
  237  to the effectiveness of the instructional personnel in the
  238  school; the administrator’s appropriate use of evaluation
  239  criteria and procedures; recruitment and retention of effective
  240  and highly effective classroom teachers; improvement in the
  241  percentage of classroom teachers evaluated at the effective or
  242  highly effective level; management of human, financial, and
  243  material resources so as to maximize the share of resources used
  244  for direct instruction, as opposed to overhead or other
  245  purposes; and other leadership practices that result in improved
  246  student outcomes. The system must include a means to give
  247  parents and instructional personnel an opportunity to provide
  248  input into the administrator’s performance evaluation, when
  249  appropriate.
  250         4. Professional responsibilities. This criteria must
  251  include other professional responsibilities and employment
  252  requirements, as established by the State Board of Education and
  253  through policies of the district school board.
  254         2. Ability to maintain appropriate discipline.
  255         3. Knowledge of subject matter. The district school board
  256  shall make special provisions for evaluating teachers who are
  257  assigned to teach out-of-field.
  258         4. Ability to plan and deliver instruction and the use of
  259  technology in the classroom.
  260         5. Ability to evaluate instructional needs.
  261         6. Ability to establish and maintain a positive
  262  collaborative relationship with students’ families to increase
  263  student achievement.
  264         7. Other professional competencies, responsibilities, and
  265  requirements as established by rules of the State Board of
  266  Education and policies of the district school board.
  267         (b) All personnel must be fully informed of the criteria
  268  and procedures associated with the evaluation assessment process
  269  before the evaluation assessment takes place.
  270         (c) The individual responsible for supervising the employee
  271  must evaluate assess the employee’s performance. The evaluation
  272  system may provide for the evaluator to consider input from
  273  other personnel trained under paragraph (2)(f). The evaluator
  274  must submit a written report of the evaluation assessment to the
  275  district school superintendent for the purpose of reviewing the
  276  employee’s contract. The evaluator must submit the written
  277  report to the employee no later than 10 days after the
  278  evaluation assessment takes place. The evaluator must discuss
  279  the written report of the evaluation assessment with the
  280  employee. The employee shall have the right to initiate a
  281  written response to the evaluation assessment, and the response
  282  shall become a permanent attachment to his or her personnel
  283  file.
  284         (d) An evaluator may amend an employee’s evaluation based
  285  upon assessment data from the current school year if the data
  286  becomes available within 90 days after the close of the school
  287  year. The evaluator must then comply with the procedures set
  288  forth in paragraph (c).
  290  employee is not performing his or her duties in a satisfactory
  291  manner, the evaluator shall notify the employee in writing of
  292  such determination. The notice must describe such unsatisfactory
  293  performance and include notice of the following procedural
  294  requirements:
  295         (a)1. Upon delivery of a notice of unsatisfactory
  296  performance, the evaluator must confer with the employee, make
  297  recommendations with respect to specific areas of unsatisfactory
  298  performance, and provide assistance in helping to correct
  299  deficiencies within a prescribed period of time.
  300         (b)1.2.a. If the employee holds a professional service
  301  contract as provided in s. 1012.33, the employee shall be placed
  302  on performance probation and governed by the provisions of this
  303  section for 90 calendar days following the receipt of the notice
  304  of unsatisfactory performance to demonstrate corrective action.
  305  School holidays and school vacation periods are not counted when
  306  calculating the 90-calendar-day period. During the 90 calendar
  307  days, the employee who holds a professional service contract
  308  must be evaluated periodically and apprised of progress achieved
  309  and must be provided assistance and inservice training
  310  opportunities to help correct the noted performance
  311  deficiencies. At any time during the 90 calendar days, the
  312  employee who holds a professional service contract may request a
  313  transfer to another appropriate position with a different
  314  supervising administrator; however, if a transfer is granted, it
  315  does not extend the period for correcting performance
  316  deficiencies.
  317         2.b. Within 14 days after the close of the 90 calendar
  318  days, the evaluator must evaluate assess whether the performance
  319  deficiencies have been corrected and forward a recommendation to
  320  the district school superintendent. Within 14 days after
  321  receiving the evaluator’s recommendation, the district school
  322  superintendent must notify the employee who holds a professional
  323  service contract in writing whether the performance deficiencies
  324  have been satisfactorily corrected and whether the district
  325  school superintendent will recommend that the district school
  326  board continue or terminate his or her employment contract. If
  327  the employee wishes to contest the district school
  328  superintendent’s recommendation, the employee must, within 15
  329  days after receipt of the district school superintendent’s
  330  recommendation, submit a written request for a hearing. The
  331  hearing shall be conducted at the district school board’s
  332  election in accordance with one of the following procedures:
  333         a.(I) A direct hearing conducted by the district school
  334  board within 60 days after receipt of the written appeal. The
  335  hearing shall be conducted in accordance with the provisions of
  336  ss. 120.569 and 120.57. A majority vote of the membership of the
  337  district school board shall be required to sustain the district
  338  school superintendent’s recommendation. The determination of the
  339  district school board shall be final as to the sufficiency or
  340  insufficiency of the grounds for termination of employment; or
  341         b.(II) A hearing conducted by an administrative law judge
  342  assigned by the Division of Administrative Hearings of the
  343  Department of Management Services. The hearing shall be
  344  conducted within 60 days after receipt of the written appeal in
  345  accordance with chapter 120. The recommendation of the
  346  administrative law judge shall be made to the district school
  347  board. A majority vote of the membership of the district school
  348  board shall be required to sustain or change the administrative
  349  law judge’s recommendation. The determination of the district
  350  school board shall be final as to the sufficiency or
  351  insufficiency of the grounds for termination of employment.
  352         (5)(4)ADDITIONAL NOTIFICATIONS.—The district school
  353  superintendent shall notify the department of any instructional
  354  personnel who receive two consecutive unsatisfactory evaluations
  355  and who have been given written notice by the district that
  356  their employment is being terminated or is not being renewed or
  357  that the district school board intends to terminate, or not
  358  renew, their employment. The department shall conduct an
  359  investigation to determine whether action shall be taken against
  360  the certificateholder pursuant to s. 1012.795(1)(c).
  361         (5) The district school superintendent shall develop a
  362  mechanism for evaluating the effective use of assessment
  363  criteria and evaluation procedures by administrators who are
  364  assigned responsibility for evaluating the performance of
  365  instructional personnel. The use of the assessment and
  366  evaluation procedures shall be considered as part of the annual
  367  assessment of the administrator’s performance. The system must
  368  include a mechanism to give parents and teachers an opportunity
  369  to provide input into the administrator’s performance
  370  assessment, when appropriate.
  371         (6) LIMITATIONS.—Nothing in This section does not shall be
  372  construed to grant a probationary employee a right to continued
  373  employment beyond the term of his or her contract.
  375  EVALUATION SYSTEM.—The district school board shall establish a
  376  procedure for annually reviewing instructional personnel and
  377  school administrator evaluation assessment systems to determine
  378  compliance with this section. All substantial revisions to an
  379  approved system must be reviewed and approved by the district
  380  school board before being used to evaluate assess instructional
  381  personnel and school administrators. Upon request by a school
  382  district, the department shall provide assistance in developing,
  383  improving, or reviewing an evaluation assessment system.
  385         (a) By June 1, 2011, the Commissioner of Education shall
  386  select a formula to measure individual student growth on the
  387  Florida Comprehensive Assessment Test administered under s.
  388  1008.22(3)(c)1. The formula must take into account each
  389  student’s prior performance, grade level, and subject. In the
  390  development of the formula, the Commissioner of Education shall
  391  consider other factors, including, but not limited to, student
  392  attendance, student disciplinary records, student disabilities,
  393  and student English language proficiency. The formula may not
  394  set different expectations for student growth based on gender,
  395  race, ethnicity, or socioeconomic status. The commissioner shall
  396  select additional formulas as appropriate for the remainder of
  397  the statewide assessments included in s. 1008.22, beginning the
  398  2011-2012 school year, and continue to select formulas as new
  399  assessments are implemented into the state system. The State
  400  Board of Education shall adopt all formulas into rule, and shall
  401  adopt the formula for the FCAT into rule by October 1, 2012.
  402         (b) Beginning with the 2011-2012 school year, each district
  403  shall measure the growth in learning of each student using the
  404  commissioner-adopted student growth measure for courses
  405  associated with the FCAT. Each district shall implement
  406  additional growth measures selected by the commissioner under
  407  paragraph (a) as they become available. Beginning with the 2014
  408  2015 school year, each school district shall measure the growth
  409  in learning for each student using a comparable measure of
  410  student growth for other grades and subjects for which the
  411  school district has selected appropriate student assessments
  412  under s. 1008.22(8). The Department of Education shall provide
  413  model student growth measures that school districts may adopt
  414  for this purpose.
  415         (c) A school district may request through the evaluation
  416  system approval process to use a student achievement measure
  417  rather than a growth measure for courses for which achievement
  418  is a more appropriate measure of instructional personnel
  419  performance. A school district may request to use a combination
  420  of growth and achievement.
  421         (d) A school district may request through the evaluation
  422  system approval process to include student growth demonstrated
  423  on state assessments as a percentage of the evaluation of
  424  classroom teachers who are assigned to courses not associated
  425  with state assessments, if the growth remains based upon the
  426  students assigned to the teacher and the percentage of growth
  427  for the teacher’s assigned content area, as measured by the
  428  district-selected assessment, is the greater percentage.
  429         (e) For classroom teachers of courses for which the
  430  district has not implemented appropriate assessments under s.
  431  1008.22(8) or for which the school district has not adopted a
  432  comparable measure of student growth under paragraphs (b)-(d),
  433  student growth must be measured by the growth in learning of the
  434  classroom teacher’s students on state assessments, or, for
  435  courses in which enrolled students do not take the state
  436  assessment, measurable learning targets must be established
  437  based upon the goals of the school improvement plan and approved
  438  by the school principal. A district school superintendent may
  439  assign instructional team student learning growth to
  440  instructional personnel in lieu of overall student learning
  441  growth of the school in reading and mathematics based upon the
  442  state assessment program under s. 1008.22.
  443         (9)(8)RULEMAKING.—The State Board of Education shall adopt
  444  rules pursuant to ss. 120.536(1) and 120.54 which, that
  445  establish uniform procedures guidelines for the submission,
  446  review, and approval of district evaluation systems and
  447  reporting requirements procedures for the annual evaluation
  448  assessment of instructional personnel and school administrators;
  449  the standards for each performance level required under
  450  subsection (2) to ensure sufficient differentiation in
  451  performance on the evaluation to measure the effectiveness of an
  452  employee and consistency in meaning across school districts; the
  453  measurement of student growth in learning and associated
  454  implementation procedures required under subsection (8); a
  455  process to permit instructional personnel to review the class
  456  roster for accuracy and to correct any mistakes relating to the
  457  identity of students for whom the individual is responsible; and
  458  a process for monitoring school district implementation of
  459  evaluations systems in accordance with this section and that
  460  include criteria for evaluating professional performance.
  461         Section 3. Subsection (8) of section 1008.22, Florida
  462  Statutes, is amended to read:
  463         1008.22 Student assessment program for public schools.—
  464         (8) LOCAL ASSESSMENTS.—
  465         (a) Measurement of the learning gains of students in all
  466  subjects and grade levels other than subjects and grade levels
  467  required for the state student achievement testing program is
  468  the responsibility of the school districts.
  469         (b) Beginning with the 2014-2015 school year, each school
  470  district shall administer for each course offered in the
  471  district a student assessment that measures mastery of the
  472  content, as described in the state-adopted course description,
  473  at the necessary level of rigor for the course. Such assessments
  474  may include:
  475         1. Statewide assessments.
  476         2. Other standardized assessments, including nationally
  477  recognized standardized assessments.
  478         3. Industry certification examinations.
  479         4. District-developed or selected end-of-course
  480  assessments.
  482  This paragraph shall be implemented as the Commissioner of
  483  Education identifies methods to assist and support districts in
  484  the development and acquisition of assessments, as described in
  485  paragraph (c).
  486         (c) The Commissioner of Education shall identify methods to
  487  assist and support districts in the development and acquisition
  488  of assessments required under this subsection. Methods may
  489  include the development of item banks, facilitation of the
  490  sharing of developed tests among districts, and technical
  491  assistance in best professional practices of test development
  492  based on state-adopted curriculum standards, administration, and
  493  security.
  494         Section 4. Paragraphs (c) and (e) of subsection (1) of
  495  section 1012.22, Florida Statutes, are amended to read:
  496         1012.22 Public school personnel; powers and duties of the
  497  district school board.—The district school board shall:
  498         (1) Designate positions to be filled, prescribe
  499  qualifications for those positions, and provide for the
  500  appointment, compensation, promotion, suspension, and dismissal
  501  of employees as follows, subject to the requirements of this
  502  chapter:
  503         (c) Compensation and salary schedules.—
  504         1. Definitions.—As used in this paragraph, the term:
  505         a. “Salary schedule” means the schedule or schedules used
  506  to provide the base pay for district school board personnel.
  507         b. “Adjustment” means an addition to the base salary
  508  schedule which is not a bonus, but becomes part of the
  509  employee’s permanent base salary and is considered compensation
  510  under s. 121.021(22).
  511         c. “Supplement” means an annual addition to the base salary
  512  schedule for the term of the negotiated supplement as long as
  513  the employee continues his or her employment for the purpose of
  514  the supplement. A supplement does not become part of the
  515  employee’s continuing base salary but is considered compensation
  516  under s. 121.021(22).
  517         d. “Grandfathered salary schedule” means the schedule or
  518  schedules adopted by a school district before July 1, 2014.
  519         e. “Performance salary schedule” means the schedule or
  520  schedules adopted by a school district pursuant to subparagraph
  521  3.
  522         f.“Instructional personnel” means instructional personnel
  523  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  524  teachers.
  525         g. “School administrator” means school administrators as
  526  defined in s. 1012.01(3)(c).
  527         2.Grandfathered salary schedule.—The district school board
  528  shall adopt a salary schedule or salary schedules to be used as
  529  the basis for paying all school employees hired before July 1,
  530  2014. In determining the grandfathered salary schedule for
  531  instructional personnel, a district school board must base a
  532  portion of each employee’s compensation upon performance
  533  demonstrated under s. 1012.34 and shall provide differentiated
  534  pay for both instructional personnel and school administrators
  535  based upon district-determined factors, including, but not
  536  limited to, additional responsibilities, school demographics,
  537  critical shortage areas, and level of job-performance
  538  difficulties. Instructional personnel hired before July 1, 2014,
  539  shall remain on the grandfathered salary schedule for as long as
  540  the employee remains employed by the school district. However,
  541  such instructional personnel may choose, at any time, to opt
  542  into the performance salary schedule adopted under subparagraph
  543  3. Once an individual has chosen to opt into the performance
  544  salary schedule, he or she may not return to the grandfathered
  545  salary schedule.
  546         3.Performance salary schedule.—By July 1, 2014, the
  547  district school board shall adopt a performance salary schedule
  548  that provides annual salary adjustments for instructional
  549  personnel and school administrators based upon performance
  550  determined under s. 1012.34. Employees hired on or after July 1,
  551  2014, or employees who choose to move from the grandfathered
  552  salary schedule to the performance salary schedule shall be
  553  compensated pursuant to the performance salary schedule once
  554  they have received appropriate evaluation for this purpose,
  555  except that an instructional employee whose evaluation uses
  556  solely student growth measures established under s.
  557  1012.34(8)(e) shall remain under the grandfathered salary
  558  schedule until his or her teaching assignment changes or the
  559  district establishes comparable measures of student learning
  560  growth, as defined under that section and rules of the State
  561  Board of Education.
  562         a.Base salary.—The base salary shall be established as
  563  follows:
  564         (I) The base salary for instructional personnel or school
  565  administrators who opt into the performance salary schedule
  566  shall be the salary paid in the prior year, including
  567  adjustments only, in accordance with the collective bargaining
  568  contract, if such contract exists.
  569         (II) Instructional personnel or school administrators new
  570  to the district, returning to the district after a break in
  571  service without an authorized leave of absence, or appointed for
  572  the first time to a position in the district in the capacity of
  573  instructional personnel or school administrators shall be placed
  574  on the performance salary schedule in accordance with the
  575  collective bargaining contract, if such contract exists.
  576         b.Salary adjustments.—Salary adjustments for highly
  577  effective or effective performance shall be established as
  578  follows:
  579         (I)The annual salary adjustment under the performance
  580  salary schedule for an employee rated as highly effective must
  581  be greater than the highest annual salary adjustment available
  582  to an employee of the same classification through any other
  583  salary schedule adopted by the district.
  584         (II)The annual salary adjustment under the performance
  585  salary schedule for an employee rated as effective must be equal
  586  to at least 50 percent and no more than 75 percent of the annual
  587  adjustment provided for a highly effective employee of the same
  588  classification.
  589         (III)The performance salary schedule shall not provide an
  590  annual salary adjustment for employees who receive a rating
  591  other than highly effective or effective for the year.
  592         c.Salary supplements.—In addition to the schedules for
  593  salary adjustments, each school district shall provide a
  594  schedule for salary supplements that include, but are not
  595  limited to, the following:
  596         (I)Assignment to a Title-I-eligible school;
  597         (II)Assignment to a school in the bottom two categories of
  598  the school improvement system under s. 1008.33 such that the
  599  supplement remains in force for at least 1 year following
  600  improved performance in that school;
  601         (III)Certification and teaching in critical teacher
  602  shortage areas. Statewide critical teacher shortage areas shall
  603  be identified by the State Board of Education. However, the
  604  district school board may define additional areas of critical
  605  shortage within the school district and may remove areas
  606  identified by the State Board of Education that do not apply
  607  within the school district; and
  608         (IV)Assignment of additional academic responsibilities.
  609         d.Cost-of-living adjustments.—A district school board may
  610  provide a cost-of-living salary adjustment if:
  611         (I)The adjustment does not discriminate among comparable
  612  classes of employees based upon the salary schedule under which
  613  they are compensated.
  614         (II)Does not exceed 50 percent of the annual adjustment
  615  provided to instructional personnel rated as effective.
  616         e. Advanced degrees.—A district school board may not use
  617  advanced degrees in setting a salary schedule for instructional
  618  personnel or school administrators hired on or after July 1,
  619  2011, unless the advanced degree is held in the individual’s
  620  area of certification and is only a salary supplement.
  622  If budget constraints in any given year limit a district school
  623  board’s ability to fully fund all adopted salary schedules, the
  624  performance salary schedule shall not be reduced, either on the
  625  basis of total cost or the value of individual awards, in a
  626  manner that is proportionally greater than reductions to any
  627  other salary schedules adopted by the district. The district
  628  school board shall adopt a salary schedule or salary schedules
  629  designed to furnish incentives for improvement in training and
  630  for continued efficient service to be used as a basis for paying
  631  all school employees and fix and authorize the compensation of
  632  school employees on the basis thereof.
  633         2. A district school board, in determining the salary
  634  schedule for instructional personnel, must base a portion of
  635  each employee’s compensation on performance demonstrated under
  636  s. 1012.34, must consider the prior teaching experience of a
  637  person who has been designated state teacher of the year by any
  638  state in the United States, and must consider prior professional
  639  experience in the field of education gained in positions in
  640  addition to district level instructional and administrative
  641  positions.
  642         3. In developing the salary schedule, the district school
  643  board shall seek input from parents, teachers, and
  644  representatives of the business community.
  645         4. Beginning with the 2007-2008 academic year, each
  646  district school board shall adopt a salary schedule with
  647  differentiated pay for both instructional personnel and school
  648  based administrators. The salary schedule is subject to
  649  negotiation as provided in chapter 447 and must allow
  650  differentiated pay based on district-determined factors,
  651  including, but not limited to, additional responsibilities,
  652  school demographics, critical shortage areas, and level of job
  653  performance difficulties.
  654         (e) Transfer and promotion.—The district school board shall
  655  act on recommendations of the district school superintendent
  656  regarding transfer and promotion of any employee. The district
  657  school superintendent’s primary consideration in recommending an
  658  individual for a promotion must be the individual’s demonstrated
  659  effectiveness under s. 1012.34.
  660         Section 5. Section 1012.335, Florida Statutes, is created
  661  to read:
  662         1012.335Contracts with instructional personnel hired on or
  663  after July 1, 2011.—
  664         (1) DEFINITIONS.—For purposes of this section, the term:
  665         (a) “Instructional personnel means those personnel defined
  666  in s. 1012.01(2)(a)-(d), excluding substitute teachers.
  667         (b) “Probationary contract” means an employment contract
  668  for a period of 1 school year awarded to instructional personnel
  669  upon initial employment in a school district. Probationary
  670  contract employees may be dismissed without cause or may resign
  671  without breach of contract.
  672         (c)“Annual contract” means an employment contract for a
  673  period of no longer than 1 school year which the district school
  674  board may choose to award or not award without cause.
  675         (2) EMPLOYMENT.—
  676         (a) Beginning July 1, 2011, each individual newly hired as
  677  instructional personnel by a Florida school district shall be
  678  employed based upon the requirements of this section.
  679         (b) The district school board may issue an annual contract
  680  to instructional personnel who have successfully completed the
  681  probationary contract or may award an additional annual contract
  682  if the individual:
  683         1. Holds a professional certificate or temporary
  684  certificate issued pursuant to s. 1012.56 and rules of the State
  685  Board of Education.
  686         2. Has been recommended by the district school
  687  superintendent for the annual contract based upon the
  688  individual’s evaluation, as determined under s. 1012.34, and
  689  approved by the district school board.
  690         3.Has not received two consecutive unsatisfactory
  691  evaluations under s. 1012.34, two unsatisfactory evaluations
  692  within a 3-year period under s. 1012.34, or three evaluations of
  693  needs improvement within any 5-year period under s. 1012.34.
  694         (3) VIOLATION OF ANNUAL CONTRACT.—Instructional personnel
  695  who accept an offer in writing from the district school board
  696  and who leave their position without prior release from the
  697  district school board are subject to the jurisdiction of the
  698  Education Practices Commission.
  700  CONTRACT.—Instructional personnel who have an annual contract
  701  may be suspended or dismissed at any time during the term of the
  702  contract for just cause as provided in subsection (5). The
  703  district school board must notify the instructional personnel in
  704  writing whenever charges are made against the instructional
  705  personnel, and the district school board may suspend him or her
  706  without pay. However, if the charges are not sustained, the
  707  instructional personnel shall be immediately reinstated and his
  708  or her back pay shall be paid. In order to contest the charges,
  709  the instructional personnel must, within 15 days after receipt
  710  of the written notice, submit a written request for a hearing to
  711  the district school board. The district school board or a
  712  subcommittee thereof shall conduct a direct hearing within 60
  713  days after receipt of the written appeal. The hearing shall be
  714  conducted in accordance with ss. 120.569 and 120.57. A majority
  715  vote of the membership of the district school board is required
  716  to sustain the superintendent’s recommendation. The district
  717  school board’s determination is final as to the sufficiency or
  718  insufficiency of the grounds for suspension without pay or
  719  dismissal. Any decision that is adverse to the instructional
  720  personnel may be appealed by the instructional personnel
  721  pursuant to s. 120.68 if the appeal is filed within 30 days
  722  after the decision of the district school board.
  723         (5) JUST CAUSE.—The State Board of Education shall adopt
  724  rules pursuant to ss. 120.536(1) and 120.54 to define the term
  725  “just cause.” Just cause includes, but is not limited to:
  726         (a) Immorality.
  727         (b) Misconduct in office.
  728         (c) Incompetency.
  729         (d) Gross insubordination.
  730         (e) Willful neglect of duty.
  731         (f) Being convicted or found guilty of, or entering a plea
  732  of guilty to, regardless of adjudication of guilt, any crime
  733  involving moral turpitude.
  734         (6) LIMITATION.—An individual newly hired by a school
  735  district under this section as instructional personnel is
  736  ineligible for any contract issued under s. 1012.33.
  737         Section 6. Paragraph (b) of subsection (16) of section
  738  1002.33, Florida Statutes, is amended to read:
  739         1002.33 Charter schools.—
  740         (16) EXEMPTION FROM STATUTES.—
  741         (b) Additionally, a charter school shall be in compliance
  742  with the following statutes:
  743         1. Section 286.011, relating to public meetings and
  744  records, public inspection, and criminal and civil penalties.
  745         2. Chapter 119, relating to public records.
  746         3. Section 1003.03, relating to the maximum class size,
  747  except that the calculation for compliance pursuant to s.
  748  1003.03 shall be the average at the school level.
  749         4.Section 1012.22(1)(c), relating to compensation and
  750  salary schedules.
  751         5.Section 1012.33(5), relating to workforce reductions.
  752         6.Section 1012.335, relating to contracts with
  753  instructional personnel hired on or after July 1, 2011.
  754         7.Section 1012.34, relating to performance evaluations for
  755  instructional personnel and school administrators.
  756         Section 7. Paragraph (h) of subsection (2) of section
  757  1003.621, Florida Statutes, is amended to read:
  758         1003.621 Academically high-performing school districts.—It
  759  is the intent of the Legislature to recognize and reward school
  760  districts that demonstrate the ability to consistently maintain
  761  or improve their high-performing status. The purpose of this
  762  section is to provide high-performing school districts with
  763  flexibility in meeting the specific requirements in statute and
  764  rules of the State Board of Education.
  765         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  766  high-performing school district shall comply with all of the
  767  provisions in chapters 1000-1013, and rules of the State Board
  768  of Education which implement these provisions, pertaining to the
  769  following:
  770         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  771  differentiated compensation and salary schedules and public
  772  school personnel, respectively; s. 1012.34, relating to
  773  personnel evaluation procedures and criteria; and ss. 1012.33
  774  and 1012.335, relating to contracts with instructional
  775  personnel, staff, supervisors, and school administrators pay and
  776  performance-pay policies for school administrators and
  777  instructional personnel. Professional service contracts are
  778  subject to the provisions of ss. 1012.33 and 1012.34.
  779         Section 8. Section 1012.07, Florida Statutes, is amended to
  780  read:
  781         1012.07 Identification of critical teacher shortage areas.—
  782         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  783  “critical teacher shortage area” means high-need content areas
  784  applies to mathematics, science, career education, and high
  785  priority high priority location areas identified by. the State
  786  Board of Education may identify career education programs having
  787  critical teacher shortages. The State Board of Education shall
  788  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  789  annually identify other critical teacher shortage areas and high
  790  priority location areas. The state board must shall also
  791  consider current and emerging educational requirements and
  792  workforce demands teacher characteristics such as ethnic
  793  background, race, and sex in determining critical teacher
  794  shortage areas. School grade levels may also be designated
  795  critical teacher shortage areas. Individual district school
  796  boards may identify and submit other critical teacher shortage
  797  areas. Such submissions shortages must be aligned to current and
  798  emerging educational requirements and workforce demands in order
  799  to be certified to and approved by the State Board of Education.
  800  High priority location areas shall be in high-density, low
  801  economic urban schools, and low-density, low-economic rural
  802  schools, and schools identified as lowest performing under s.
  803  1008.33(4)(b) shall include schools which meet criteria which
  804  include, but are not limited to, the percentage of free lunches,
  805  the percentage of students under Chapter I of the Education
  806  Consolidation and Improvement Act of 1981, and the faculty
  807  attrition rate.
  808         (2) This section shall be implemented only to the extent as
  809  specifically funded and authorized by law.
  810         Section 9. Subsection (5) of section 1012.2315, Florida
  811  Statutes, is amended to read:
  812         1012.2315 Assignment of teachers.—
  813         (5) REPORTS REPORT.—
  814         (a) The Department of Education shall annually report the
  815  percentage of classroom teachers and school administrators by
  816  district and by school based on performance ratings reported by
  817  each school district under s. 1012.34. The data must be reported
  818  via the department’s website in a manner that is accessible by
  819  the public.
  820         (b) Each school district shall annually report to the
  821  parent of any student who is assigned to a classroom teacher or
  822  school administrator having a performance rating of
  823  “unsatisfactory,” “needs improvement,” or a combination of
  824  “unsatisfactory” or “needs improvement” for 3 consecutive years
  825  or more. Schools graded “D” or “F” shall annually report their
  826  teacher-retention rate. Included in this report shall be reasons
  827  listed for leaving by each teacher who left the school for any
  828  reason.
  829         Section 10. Subsections (1) and (2) of section 1012.27,
  830  Florida Statutes, are amended to read:
  831         1012.27 Public school personnel; powers and duties of
  832  district school superintendent.—The district school
  833  superintendent is responsible for directing the work of the
  834  personnel, subject to the requirements of this chapter, and in
  835  addition the district school superintendent shall perform the
  836  following:
  838         (a) Recommend to the district school board duties and
  839  responsibilities which need to be performed and positions which
  840  need to be filled to make possible the development of an
  841  adequate school program in the district.
  842         (b) Recommend minimum qualifications of personnel for these
  843  various positions, and nominate in writing persons to fill such
  844  positions.
  846  The district school superintendent’s recommendations for filling
  847  instructional positions at the school level must consider
  848  nominations received from school principals of the respective
  849  schools. Before transferring a teacher who holds a professional
  850  teaching certificate from one school to another, including a
  851  transfer requested under s. 1012.33, the district school
  852  superintendent shall consult with the principal of the receiving
  853  school and allow the principal to review the teacher’s records,
  854  including student performance demonstrated under s. 1012.34, and
  855  interview the teacher. If, in the judgment of the principal,
  856  students would not benefit from the placement, an alternative
  857  placement may be sought. A principal may refuse the placement in
  858  accordance with s. 1012.28(6).
  859         (2) COMPENSATION AND SALARY SCHEDULES.—Prepare and
  860  recommend to the district school board for adoption a salary
  861  schedule or salary schedules in accordance with s. 1012.22. The
  862  district school superintendent must recommend a salary schedule
  863  for instructional personnel which bases a portion of each
  864  employee’s compensation on performance demonstrated under s.
  865  1012.34. In developing the recommended salary schedule, the
  866  district school superintendent shall include input from parents,
  867  teachers, and representatives of the business community.
  868  Beginning with the 2007-2008 academic year, the recommended
  869  salary schedule for classroom teachers shall be consistent with
  870  the district’s differentiated-pay policy based upon s. 1012.22.
  871         Section 11. Present subsection (6) of section 1012.28,
  872  Florida Statutes, is renumbered as subsection (7), and a new
  873  subsection (6) is added to that section, to read:
  874         1012.28 Public school personnel; duties of school
  875  principals.—
  876         (6) A principal may refuse to accept the placement or
  877  transfer of instructional personnel by the district school
  878  superintendent to his or her school unless the instructional
  879  personnel has a performance rating of “effective” or “highly
  880  effective” under s. 1012.34.
  881         Section 12. Paragraph (a) of subsection (1), paragraph (a)
  882  of subsection (3), and subsection (5) of section 1012.33,
  883  Florida Statutes, are amended to read:
  884         1012.33 Contracts with instructional staff, supervisors,
  885  and school principals.—
  886         (1)(a) Each person employed as a member of the
  887  instructional staff in any district school system shall be
  888  properly certified pursuant to s. 1012.56 or s. 1012.57 or
  889  employed pursuant to s. 1012.39 and shall be entitled to and
  890  shall receive a written contract as specified in this section.
  891  All such contracts, except continuing contracts as specified in
  892  subsection (4), shall contain provisions for dismissal during
  893  the term of the contract only for just cause. Just cause
  894  includes, but is not limited to, the following instances, as
  895  defined by rule of the State Board of Education: immorality,
  896  misconduct in office, incompetency, two consecutive annual
  897  performance ratings of “unsatisfactory” under s. 1012.34, two
  898  annual performance ratings of “unsatisfactory” within a 3-year
  899  period under s. 1012.34, three annual performance ratings of
  900  “needs improvement” within any 5-year period under s. 1012.34,
  901  gross insubordination, willful neglect of duty, or being
  902  convicted or found guilty of, or entering a plea of guilty to,
  903  regardless of adjudication of guilt, any crime involving moral
  904  turpitude.
  905         (3)(a) Each district school board shall provide a
  906  professional service contract as prescribed herein. Each member
  907  of the instructional staff who completed the following
  908  requirements prior to July 1, 1984, shall be entitled to and
  909  shall be issued a continuing contract in the form prescribed by
  910  rules of the state board pursuant to s. 231.36, Florida Statutes
  911  (1981). Each member of the instructional staff who completes the
  912  following requirements on or after July 1, 1984, shall be
  913  entitled to and shall be issued a professional service contract
  914  in the form prescribed by rules of the state board as provided
  915  herein:
  916         1. The member must hold a professional certificate as
  917  prescribed by s. 1012.56 and rules of the State Board of
  918  Education.
  919         2. The member must have completed 3 years of probationary
  920  service in the district during a period not in excess of 5
  921  successive years, except for leave duly authorized and granted.
  922         3. The member must have been recommended by the district
  923  school superintendent for such contract and reappointed by the
  924  district school board based on effective or highly effective
  925  successful performance demonstrated under s. 1012.34 of duties
  926  and demonstration of professional competence.
  927         4. For any person newly employed as a member of the
  928  instructional staff after June 30, 1997, the initial annual
  929  contract shall include a 97-day probationary period during which
  930  time the employee’s contract may be terminated without cause or
  931  the employee may resign without breach of contract.
  932         (5) If Should a district school board has have to choose
  933  from among its personnel who are on continuing contracts or
  934  professional service contracts as to which should be retained at
  935  a school or in the school district, such decisions shall be
  936  based upon the performance evaluation under s. 1012.34, with
  937  primary consideration given to those personnel within the
  938  affected area whose students’ growth in learning is greater made
  939  pursuant to the terms of a collectively bargained agreement,
  940  when one exists. If no such agreement exists, the district
  941  school board shall prescribe rules to handle reductions in
  942  workforce.
  943         Section 13. Section 1012.52, Florida Statutes, is repealed.
  944         Section 14. Paragraph (h) of subsection (1) of section
  945  1012.795, Florida Statutes, is amended to read:
  946         1012.795 Education Practices Commission; authority to
  947  discipline.—
  948         (1) The Education Practices Commission may suspend the
  949  educator certificate of any person as defined in s. 1012.01(2)
  950  or (3) for up to 5 years, thereby denying that person the right
  951  to teach or otherwise be employed by a district school board or
  952  public school in any capacity requiring direct contact with
  953  students for that period of time, after which the holder may
  954  return to teaching as provided in subsection (4); may revoke the
  955  educator certificate of any person, thereby denying that person
  956  the right to teach or otherwise be employed by a district school
  957  board or public school in any capacity requiring direct contact
  958  with students for up to 10 years, with reinstatement subject to
  959  the provisions of subsection (4); may revoke permanently the
  960  educator certificate of any person thereby denying that person
  961  the right to teach or otherwise be employed by a district school
  962  board or public school in any capacity requiring direct contact
  963  with students; may suspend the educator certificate, upon an
  964  order of the court or notice by the Department of Revenue
  965  relating to the payment of child support; or may impose any
  966  other penalty provided by law, if the person:
  967         (h) Has breached a contract, as provided in s. 1012.33(2)
  968  or s. 1012.335.
  969         Section 15. (1)Any school district that receives a grant
  970  of at least $75 million from a private foundation for the
  971  purpose of improving the effectiveness of teachers within the
  972  school district may seek an annual exemption from the State
  973  Board of Education from requirements of the amendments made by
  974  this act to ss. 1012.22 and 1012.34, Florida Statutes.
  975         (2) In order to receive approval from the State Board of
  976  Education for an exemption under this section, a school district
  977  must demonstrate to the State Board of Education that it is
  978  implementing the following:
  979         (a) A teacher evaluation system that uses student
  980  performance as the single greatest component of the teacher’s
  981  evaluation.
  982         (b) A teacher compensation system that awards salary
  983  increases based on sustained student performance.
  984         (c) A teacher contract system that awards contracts based
  985  on student performance.
  986         (3) The State Board of Education shall annually renew a
  987  school district’s exemption if the school district provides a
  988  progress report that demonstrates that the school district
  989  continues to meet the requirements of subsection (2).
  990         (4) The State Board of Education shall adopt rules pursuant
  991  to ss. 120.536(1) and 120.54, Florida Statutes, to establish the
  992  procedures for applying for an exemption under this section.
  993         Section 16. Chapter 2010-279, Laws of Florida, does not
  994  apply to any rulemaking required to administer this act.
  995         Section 17. The provisions of any special act or general
  996  law of local application relating to contracts for instructional
  997  personnel in public schools or school districts in effect on or
  998  before the effective date of this act are repealed, with the
  999  exception of chapter 75-384, Laws of Florida.
 1000         Section 18. If any provision of this act or its application
 1001  to any person or circumstance is held invalid, the invalidity
 1002  does not affect other provisions or applications of the act
 1003  which can be given effect without the invalid provision or
 1004  application, and to this end the provisions of this act are
 1005  severable.
 1006         Section 19. The amendments made by this act to s. 1012.33,
 1007  Florida Statutes, apply to contracts newly entered into,
 1008  extended, or readopted on or after July 1, 2011, and to all
 1009  contracts entered into on or after July 1, 2014.
 1010         Section 20. Except as otherwise expressly provided in this
 1011  act and except for this section, which shall take effect upon
 1012  this act becoming a law, this act shall take effect July 1,
 1013  2011.