ENROLLED
       2011 Legislature                            CS for CS for SB 736
       
       
       
       
       
       
                                                              2011736er
    1  
    2         An act relating to education personnel; providing a
    3         short title; amending s. 1012.34, F.S.; revising
    4         provisions relating to the evaluation of instructional
    5         personnel and school administrators; requiring the
    6         Department of Education to approve each school
    7         district’s instructional personnel and school
    8         administrator evaluation systems; requiring reporting
    9         by the Commissioner of Education relating to the
   10         evaluation systems; providing requirements and
   11         revising procedures and criteria for the evaluation
   12         systems; requiring the commissioner to approve or
   13         select and the State Board of Education to adopt
   14         formulas for school districts to use in measuring
   15         student learning growth; requiring the state board to
   16         adopt rules relating to standards and measures for
   17         implementation of the evaluation systems; amending s.
   18         1008.22, F.S.; requiring school districts to
   19         administer assessments for each course offered in the
   20         district; amending s. 1012.22, F.S.; revising
   21         provisions relating to instructional personnel and
   22         school administrator compensation and salary
   23         schedules; providing requirements for a performance
   24         salary schedule, a grandfathered salary schedule,
   25         adjustments, and supplements; revising criteria for
   26         the promotion of instructional personnel; creating s.
   27         1012.335, F.S.; providing employment criteria for
   28         instructional personnel hired on or after July 1,
   29         2011; providing definitions; providing grounds for
   30         suspension or dismissal; requiring rules to define the
   31         term “just cause”; providing that certain individuals
   32         who are hired as instructional personnel are
   33         ineligible for contracts issued under s. 1012.33,
   34         F.S.; amending s. 1002.33, F.S.; requiring charter
   35         schools to comply with provisions relating to
   36         compensation and salary schedules, workforce
   37         reductions, contracts with instructional personnel
   38         hired on or after July 1, 2011, and certain
   39         requirements for performance evaluations; amending s.
   40         1003.621, F.S.; requiring academically high-performing
   41         school districts to comply with additional
   42         requirements for personnel; amending s. 1006.09, F.S.;
   43         conforming provisions to changes made by the act;
   44         amending s. 1012.07, F.S.; revising the methodology
   45         for determining critical teacher shortage areas;
   46         amending s. 1012.2315, F.S.; providing reporting
   47         requirements relating to instructional personnel and
   48         school administrator performance; amending s. 1012.27,
   49         F.S.; revising the criteria for transferring a
   50         teacher; conforming provisions to changes made by the
   51         act; amending s. 1012.28, F.S.; authorizing a
   52         principal to refuse to accept the placement or
   53         transfer of instructional personnel under certain
   54         circumstances; amending s. 1012.33, F.S.; revising
   55         provisions relating to contracts with certain
   56         education personnel; revising just cause grounds for
   57         dismissal; deleting provisions to conform to changes
   58         made by the act; revising the criteria for renewing a
   59         professional service contract; requiring that a
   60         district school board’s decision to retain personnel
   61         be primarily based on the employee’s performance;
   62         repealing s. 1012.52, F.S., relating to legislative
   63         intent and findings to improve student achievement and
   64         teacher quality; amending s. 1012.795, F.S.;
   65         conforming provisions to changes made by the act;
   66         authorizing an exemption from requirements for
   67         performance evaluation systems and compensation and
   68         salary schedules for certain school districts;
   69         providing that specified provisions of law do not
   70         apply to rulemaking required to administer the act;
   71         providing for the repeal of certain special acts or
   72         general laws of local application relating to
   73         contracts for instructional personnel or school
   74         administrators; providing for application of specified
   75         provisions of the act; providing for severability;
   76         providing effective dates.
   77  
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. This act may be cited as the “Student Success
   81  Act.”
   82         Section 2. Effective upon this act becoming a law, section
   83  1012.34, Florida Statutes, is amended to read:
   84         1012.34 Personnel evaluation Assessment procedures and
   85  criteria.—
   86         (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
   87         (a) For the purpose of increasing student learning growth
   88  by improving the quality of instructional, administrative, and
   89  supervisory services in the public schools of the state, the
   90  district school superintendent shall establish procedures for
   91  evaluating assessing the performance of duties and
   92  responsibilities of all instructional, administrative, and
   93  supervisory personnel employed by the school district. The
   94  district school superintendent shall annually report the
   95  evaluation results of instructional personnel and school
   96  administrators to the Department of Education in addition to the
   97  information required under subsection (5).
   98         (b) The department of Education must approve each school
   99  district’s instructional personnel and school administrator
  100  evaluation systems assessment system. The department shall
  101  monitor each district’s implementation of its instructional
  102  personnel and school administrator evaluation systems for
  103  compliance with the requirements of this section.
  104         (c) By December 1, 2012, the Commissioner of Education
  105  shall report to the Governor, the President of the Senate, and
  106  the Speaker of the House of Representatives the approval and
  107  implementation status of each school district’s instructional
  108  personnel and school administrator evaluation systems. The
  109  report shall include performance evaluation results for the
  110  prior school year for instructional personnel and school
  111  administrators using the four levels of performance specified in
  112  paragraph (2)(e). The performance evaluation results for
  113  instructional personnel shall be disaggregated by classroom
  114  teachers, as defined in s. 1012.01(2)(a), excluding substitute
  115  teachers, and all other instructional personnel, as defined in
  116  s. 1012.01(2)(b)–(d). The commissioner shall continue to report,
  117  by December 1 each year thereafter, each school district’s
  118  performance evaluation results and the status of any evaluation
  119  system revisions requested by a school district pursuant to
  120  subsection (6).
  121         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
  122  for instructional personnel and school administrators must
  123  following conditions must be considered in the design of the
  124  district’s instructional personnel assessment system:
  125         (a) The system must Be designed to support effective
  126  instruction and student learning growth, and performance
  127  evaluation results must be used when developing district and
  128  school level improvement plans.
  129         (b) The system must Provide appropriate instruments,
  130  procedures, and criteria for continuous quality improvement of
  131  the professional skills of instructional personnel and school
  132  administrators, and performance evaluation results must be used
  133  when identifying professional development.
  134         (c) The system must Include a mechanism to examine
  135  performance data from multiple sources, including opportunities
  136  for give parents an opportunity to provide input into employee
  137  performance evaluations assessments when appropriate.
  138         (d) Identify In addition to addressing generic teaching
  139  competencies, districts must determine those teaching fields for
  140  which special evaluation procedures and criteria are necessary
  141  will be developed.
  142         (e) Differentiate among four levels of performance as
  143  follows:
  144         1. Highly effective.
  145         2. Effective.
  146         3. Needs improvement or, for instructional personnel in the
  147  first 3 years of employment who need improvement, developing.
  148         4. Unsatisfactory.
  149  
  150  The Commissioner of Education shall consult with experts,
  151  instructional personnel, school administrators, and education
  152  stakeholders in developing the criteria for the performance
  153  levels. Each district school board may establish a peer
  154  assistance process. The plan may provide a mechanism for
  155  assistance of persons who are placed on performance probation as
  156  well as offer assistance to other employees who request it.
  157         (f) The district school board shall Provide for training
  158  programs that are based upon guidelines provided by the
  159  department of Education to ensure that all individuals with
  160  evaluation responsibilities understand the proper use of the
  161  evaluation assessment criteria and procedures.
  162         (g) Include a process for monitoring and evaluating the
  163  effective and consistent use of the evaluation criteria by
  164  employees with evaluation responsibilities.
  165         (h) Include a process for monitoring and evaluating the
  166  effectiveness of the system itself in improving instruction and
  167  student learning.
  168  
  169  In addition, each district school board may establish a peer
  170  assistance process. This process may be a part of the regular
  171  evaluation system or used to assist employees placed on
  172  performance probation, newly hired classroom teachers, or
  173  employees who request assistance.
  174         (3) EVALUATION PROCEDURES AND CRITERIA.—The assessment
  175  procedure for Instructional personnel and school administrator
  176  performance evaluations administrators must be primarily based
  177  upon on the performance of students assigned to their classrooms
  178  or schools, as provided in this section appropriate. Pursuant to
  179  this section, a school district’s performance evaluation
  180  assessment is not limited to basing unsatisfactory performance
  181  of instructional personnel and school administrators solely upon
  182  student performance, but may include other criteria approved to
  183  evaluate assess instructional personnel and school
  184  administrators’ performance, or any combination of student
  185  performance and other approved criteria. Evaluation The
  186  procedures and criteria must comply with, but are not limited
  187  to, the following requirements:
  188         (a) A performance evaluation An assessment must be
  189  conducted for each employee at least once a year, except that a
  190  classroom teacher, as defined in s. 1012.01(2)(a), excluding
  191  substitute teachers, who is newly hired by the district school
  192  board must be observed and evaluated at least twice in the first
  193  year of teaching in the school district. The performance
  194  evaluation assessment must be based upon sound educational
  195  principles and contemporary research in effective educational
  196  practices. The assessment must primarily use data and indicators
  197  of improvement in student performance assessed annually as
  198  specified in s. 1008.22 and may consider results of peer reviews
  199  in evaluating the employee’s performance. Student performance
  200  must be measured by state assessments required under s. 1008.22
  201  and by local assessments for subjects and grade levels not
  202  measured by the state assessment program. The evaluation
  203  assessment criteria must include, but are not limited to,
  204  indicators that relate to the following:
  205         1. Performance of students. At least 50 percent of a
  206  performance evaluation must be based upon data and indicators of
  207  student learning growth assessed annually by statewide
  208  assessments or, for subjects and grade levels not measured by
  209  statewide assessments, by school district assessments as
  210  provided in s. 1008.22(8). Each school district must use the
  211  formula adopted pursuant to paragraph (7)(a) for measuring
  212  student learning growth in all courses associated with statewide
  213  assessments and must select an equally appropriate formula for
  214  measuring student learning growth for all other grades and
  215  subjects, except as otherwise provided in subsection (7).
  216         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  217  excluding substitute teachers, the student learning growth
  218  portion of the evaluation must include growth data for students
  219  assigned to the teacher over the course of at least 3 years. If
  220  less than 3 years of data are available, the years for which
  221  data are available must be used and the percentage of the
  222  evaluation based upon student learning growth may be reduced to
  223  not less than 40 percent.
  224         b. For instructional personnel who are not classroom
  225  teachers, the student learning growth portion of the evaluation
  226  must include growth data on statewide assessments for students
  227  assigned to the instructional personnel over the course of at
  228  least 3 years, or may include a combination of student learning
  229  growth data and other measureable student outcomes that are
  230  specific to the assigned position, provided that the student
  231  learning growth data accounts for not less than 30 percent of
  232  the evaluation. If less than 3 years of student growth data are
  233  available, the years for which data are available must be used
  234  and the percentage of the evaluation based upon student learning
  235  growth may be reduced to not less than 20 percent.
  236         c. For school administrators, the student learning growth
  237  portion of the evaluation must include growth data for students
  238  assigned to the school over the course of at least 3 years. If
  239  less than 3 years of data are available, the years for which
  240  data are available must be used and the percentage of the
  241  evaluation based upon student learning growth may be reduced to
  242  not less than 40 percent.
  243         2. Instructional practice. Evaluation criteria used when
  244  annually observing classroom teachers, as defined in s.
  245  1012.01(2)(a), excluding substitute teachers, must include
  246  indicators based upon each of the Florida Educator Accomplished
  247  Practices adopted by the State Board of Education. For
  248  instructional personnel who are not classroom teachers,
  249  evaluation criteria must be based upon indicators of the Florida
  250  Educator Accomplished Practices and may include specific job
  251  expectations related to student support.
  252         3. Instructional leadership. For school administrators,
  253  evaluation criteria must include indicators based upon each of
  254  the leadership standards adopted by the State Board of Education
  255  under s. 1012.986, including performance measures related to the
  256  effectiveness of classroom teachers in the school, the
  257  administrator’s appropriate use of evaluation criteria and
  258  procedures, recruitment and retention of effective and highly
  259  effective classroom teachers, improvement in the percentage of
  260  instructional personnel evaluated at the highly effective or
  261  effective level, and other leadership practices that result in
  262  student learning growth. The system may include a means to give
  263  parents and instructional personnel an opportunity to provide
  264  input into the administrator’s performance evaluation.
  265         4. Professional and job responsibilities. For instructional
  266  personnel and school administrators, other professional and job
  267  responsibilities must be included as adopted by the State Board
  268  of Education. The district school board may identify additional
  269  professional and job responsibilities.
  270         2. Ability to maintain appropriate discipline.
  271         3. Knowledge of subject matter. The district school board
  272  shall make special provisions for evaluating teachers who are
  273  assigned to teach out-of-field.
  274         4. Ability to plan and deliver instruction and the use of
  275  technology in the classroom.
  276         5. Ability to evaluate instructional needs.
  277         6. Ability to establish and maintain a positive
  278  collaborative relationship with students’ families to increase
  279  student achievement.
  280         7. Other professional competencies, responsibilities, and
  281  requirements as established by rules of the State Board of
  282  Education and policies of the district school board.
  283         (b) All personnel must be fully informed of the criteria
  284  and procedures associated with the evaluation assessment process
  285  before the evaluation assessment takes place.
  286         (c) The individual responsible for supervising the employee
  287  must evaluate assess the employee’s performance. The evaluation
  288  system may provide for the evaluator to consider input from
  289  other personnel trained under paragraph (2)(f). The evaluator
  290  must submit a written report of the evaluation assessment to the
  291  district school superintendent for the purpose of reviewing the
  292  employee’s contract. The evaluator must submit the written
  293  report to the employee no later than 10 days after the
  294  evaluation assessment takes place. The evaluator must discuss
  295  the written evaluation report of assessment with the employee.
  296  The employee shall have the right to initiate a written response
  297  to the evaluation assessment, and the response shall become a
  298  permanent attachment to his or her personnel file.
  299         (d) The evaluator may amend an evaluation based upon
  300  assessment data from the current school year if the data becomes
  301  available within 90 days after the close of the school year. The
  302  evaluator must then comply with the procedures set forth in
  303  paragraph (c).
  304         (4) NOTIFICATION OF UNSATISFACTORY PERFORMANCE.—If an
  305  employee who holds a professional service contract as provided
  306  in s. 1012.33 is not performing his or her duties in a
  307  satisfactory manner, the evaluator shall notify the employee in
  308  writing of such determination. The notice must describe such
  309  unsatisfactory performance and include notice of the following
  310  procedural requirements:
  311         (a)1. Upon delivery of a notice of unsatisfactory
  312  performance, the evaluator must confer with the employee who
  313  holds a professional service contract, make recommendations with
  314  respect to specific areas of unsatisfactory performance, and
  315  provide assistance in helping to correct deficiencies within a
  316  prescribed period of time.
  317         (b)1.2.a.If The employee who holds a professional service
  318  contract as provided in s. 1012.33, the employee shall be placed
  319  on performance probation and governed by the provisions of this
  320  section for 90 calendar days following the receipt of the notice
  321  of unsatisfactory performance to demonstrate corrective action.
  322  School holidays and school vacation periods are not counted when
  323  calculating the 90-calendar-day period. During the 90 calendar
  324  days, the employee who holds a professional service contract
  325  must be evaluated periodically and apprised of progress achieved
  326  and must be provided assistance and inservice training
  327  opportunities to help correct the noted performance
  328  deficiencies. At any time during the 90 calendar days, the
  329  employee who holds a professional service contract may request a
  330  transfer to another appropriate position with a different
  331  supervising administrator; however, if a transfer is granted
  332  pursuant to ss. 1012.27(1) and 1012.28(6), it does not extend
  333  the period for correcting performance deficiencies.
  334         2.b. Within 14 days after the close of the 90 calendar
  335  days, the evaluator must evaluate assess whether the performance
  336  deficiencies have been corrected and forward a recommendation to
  337  the district school superintendent. Within 14 days after
  338  receiving the evaluator’s recommendation, the district school
  339  superintendent must notify the employee who holds a professional
  340  service contract in writing whether the performance deficiencies
  341  have been satisfactorily corrected and whether the district
  342  school superintendent will recommend that the district school
  343  board continue or terminate his or her employment contract. If
  344  the employee wishes to contest the district school
  345  superintendent’s recommendation, the employee must, within 15
  346  days after receipt of the district school superintendent’s
  347  recommendation, submit a written request for a hearing. The
  348  hearing shall be conducted at the district school board’s
  349  election in accordance with one of the following procedures:
  350         a.(I) A direct hearing conducted by the district school
  351  board within 60 days after receipt of the written appeal. The
  352  hearing shall be conducted in accordance with the provisions of
  353  ss. 120.569 and 120.57. A majority vote of the membership of the
  354  district school board shall be required to sustain the district
  355  school superintendent’s recommendation. The determination of the
  356  district school board shall be final as to the sufficiency or
  357  insufficiency of the grounds for termination of employment; or
  358         b.(II) A hearing conducted by an administrative law judge
  359  assigned by the Division of Administrative Hearings of the
  360  Department of Management Services. The hearing shall be
  361  conducted within 60 days after receipt of the written appeal in
  362  accordance with chapter 120. The recommendation of the
  363  administrative law judge shall be made to the district school
  364  board. A majority vote of the membership of the district school
  365  board shall be required to sustain or change the administrative
  366  law judge’s recommendation. The determination of the district
  367  school board shall be final as to the sufficiency or
  368  insufficiency of the grounds for termination of employment.
  369         (5)(4)ADDITIONAL NOTIFICATIONS.—The district school
  370  superintendent shall annually notify the department of any
  371  instructional personnel or school administrators who receive two
  372  consecutive unsatisfactory evaluations. The district school
  373  superintendent shall also notify the department of any
  374  instructional personnel or school administrators and who are
  375  have been given written notice by the district of intent to
  376  terminate or not renew that their employment is being terminated
  377  or is not being renewed or that the district school board
  378  intends to terminate, or not renew, their employment. The
  379  department shall conduct an investigation to determine whether
  380  action shall be taken against the certificateholder pursuant to
  381  s. 1012.795(1)(c).
  382         (5) The district school superintendent shall develop a
  383  mechanism for evaluating the effective use of assessment
  384  criteria and evaluation procedures by administrators who are
  385  assigned responsibility for evaluating the performance of
  386  instructional personnel. The use of the assessment and
  387  evaluation procedures shall be considered as part of the annual
  388  assessment of the administrator’s performance. The system must
  389  include a mechanism to give parents and teachers an opportunity
  390  to provide input into the administrator’s performance
  391  assessment, when appropriate.
  392         (6) Nothing in this section shall be construed to grant a
  393  probationary employee a right to continued employment beyond the
  394  term of his or her contract.
  395         (6)(7)ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL
  396  DISTRICT EVALUATION SYSTEMS.—The district school board shall
  397  establish a procedure for annually reviewing instructional
  398  personnel and school administrator evaluation assessment systems
  399  to determine compliance with this section. All substantial
  400  revisions to an approved system must be reviewed and approved by
  401  the district school board before being used to evaluate assess
  402  instructional personnel or school administrators. Upon request
  403  by a school district, the department shall provide assistance in
  404  developing, improving, or reviewing an evaluation assessment
  405  system.
  406         (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
  407         (a) By June 1, 2011, the Commissioner of Education shall
  408  approve a formula to measure individual student learning growth
  409  on the Florida Comprehensive Assessment Test (FCAT) administered
  410  under s. 1008.22(3)(c)1. The formula must take into
  411  consideration each student’s prior academic performance. The
  412  formula must not set different expectations for student learning
  413  growth based upon a student’s gender, race, ethnicity, or
  414  socioeconomic status. In the development of the formula, the
  415  commissioner shall consider other factors such as a student’s
  416  attendance record, disability status, or status as an English
  417  language learner. The commissioner shall select additional
  418  formulas as appropriate for the remainder of the statewide
  419  assessments included under s. 1008.22 and continue to select
  420  formulas as new assessments are implemented in the state system.
  421  After the commissioner approves the formula to measure
  422  individual student learning growth on the FCAT and as additional
  423  formulas are selected by the commissioner for new assessments
  424  implemented in the state system, the State Board of Education
  425  shall adopt these formulas by rule.
  426         (b) Beginning in the 2011-2012 school year, each school
  427  district shall measure student learning growth using the formula
  428  approved by the commissioner under paragraph (a) for courses
  429  associated with the FCAT. Each school district shall implement
  430  the additional student learning growth measures selected by the
  431  commissioner under paragraph (a) for the remainder of the
  432  statewide assessments included under s. 1008.22 as they become
  433  available. Beginning in the 2014-2015 school year, for grades
  434  and subjects not assessed by statewide assessments but otherwise
  435  assessed as required under s. 1008.22(8), each school district
  436  shall measure student learning growth using an equally
  437  appropriate formula. The department shall provide models for
  438  measuring student learning growth which school districts may
  439  adopt.
  440         (c) For a course that is not measured by a statewide
  441  assessment, a school district may request, through the
  442  evaluation system approval process, to use a student achievement
  443  measure rather than a student learning growth measure if
  444  achievement is demonstrated to be a more appropriate measure of
  445  classroom teacher performance. A school district may also
  446  request to use a combination of student learning growth and
  447  achievement, if appropriate.
  448         (d) If the student learning growth in a course is not
  449  measured by a statewide assessment but is measured by a school
  450  district assessment, a school district may request, through the
  451  evaluation system approval process, that the performance
  452  evaluation for the classroom teacher assigned to that course
  453  include the learning growth of his or her students on FCAT
  454  Reading or FCAT Mathematics. The request must clearly explain
  455  the rationale supporting the request. However, the classroom
  456  teacher’s performance evaluation must give greater weight to
  457  student learning growth on the district assessment.
  458         (e) For classroom teachers of courses for which the
  459  district has not implemented appropriate assessments under s.
  460  1008.22(8) or for which the school district has not adopted an
  461  equally appropriate measure of student learning growth under
  462  paragraphs (b)-(d), student learning growth must be measured by
  463  the growth in learning of the classroom teacher’s students on
  464  statewide assessments, or, for courses in which enrolled
  465  students do not take the statewide assessments, measurable
  466  learning targets must be established based upon the goals of the
  467  school improvement plan and approved by the school principal. A
  468  district school superintendent may assign to instructional
  469  personnel in an instructional team the student learning growth
  470  of the instructional team’s students on statewide assessments.
  471  This paragraph expires July 1, 2015.
  472         (8) RULEMAKING.—The State Board of Education shall adopt
  473  rules pursuant to ss. 120.536(1) and 120.54 which, that
  474  establish uniform procedures guidelines for the submission,
  475  review, and approval of district evaluation systems and
  476  reporting requirements procedures for the annual evaluation
  477  assessment of instructional personnel and school administrators;
  478  specific, discrete standards for each performance level required
  479  under subsection (2) to ensure clear and sufficient
  480  differentiation in the performance levels and to provide
  481  consistency in meaning across school districts; the measurement
  482  of student learning growth and associated implementation
  483  procedures required under subsection (7); a process to permit
  484  instructional personnel to review the class roster for accuracy
  485  and to correct any mistakes relating to the identity of students
  486  for whom the individual is responsible; and a process for
  487  monitoring school district implementation of evaluation systems
  488  in accordance with this section that include criteria for
  489  evaluating professional performance. Specifically, the rules
  490  shall establish a student learning growth standard that if not
  491  met will result in the employee receiving an unsatisfactory
  492  performance evaluation rating. In like manner, the rules shall
  493  establish a student learning growth standard that must be met in
  494  order for an employee to receive a highly effective rating and a
  495  student learning growth standard that must be met in order for
  496  an employee to receive an effective rating.
  497         Section 3. Subsection (8) of section 1008.22, Florida
  498  Statutes, is amended to read:
  499         1008.22 Student assessment program for public schools.—
  500         (8) LOCAL ASSESSMENTS.—
  501         (a) Measurement of the learning gains of students in all
  502  subjects and grade levels other than subjects and grade levels
  503  required for the state student achievement testing program is
  504  the responsibility of the school districts.
  505         (b) Beginning with the 2014-2015 school year, each school
  506  district shall administer for each course offered in the
  507  district a student assessment that measures mastery of the
  508  content, as described in the state-adopted course description,
  509  at the necessary level of rigor for the course. Such assessments
  510  may include:
  511         1. Statewide assessments.
  512         2. Other standardized assessments, including nationally
  513  recognized standardized assessments.
  514         3. Industry certification examinations.
  515         4. District-developed or district-selected end-of-course
  516  assessments.
  517         (c) The Commissioner of Education shall identify methods to
  518  assist and support districts in the development and acquisition
  519  of assessments required under this subsection. Methods may
  520  include developing item banks, facilitating the sharing of
  521  developed tests among school districts, acquiring assessments
  522  from state and national curriculum-area organizations, and
  523  providing technical assistance in best professional practices of
  524  test development based upon state-adopted curriculum standards,
  525  administration, and security.
  526         Section 4. Paragraphs (c) and (e) of subsection (1) of
  527  section 1012.22, Florida Statutes, are amended to read:
  528         1012.22 Public school personnel; powers and duties of the
  529  district school board.—The district school board shall:
  530         (1) Designate positions to be filled, prescribe
  531  qualifications for those positions, and provide for the
  532  appointment, compensation, promotion, suspension, and dismissal
  533  of employees as follows, subject to the requirements of this
  534  chapter:
  535         (c) Compensation and salary schedules.—
  536         1. Definitions.—As used in this paragraph:
  537         a. “Adjustment” means an addition to the base salary
  538  schedule that is not a bonus and becomes part of the employee’s
  539  permanent base salary and shall be considered compensation under
  540  s. 121.021(22).
  541         b. “Grandfathered salary schedule” means the salary
  542  schedule or schedules adopted by a district school board before
  543  July 1, 2014, pursuant to subparagraph 4.
  544         c. “Instructional personnel” means instructional personnel
  545  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  546  teachers.
  547         d. “Performance salary schedule” means the salary schedule
  548  or schedules adopted by a district school board pursuant to
  549  subparagraph 5.
  550         e. “Salary schedule” means the schedule or schedules used
  551  to provide the base salary for district school board personnel.
  552         f. “School administrator” means a school administrator as
  553  defined in s. 1012.01(3)(c).
  554         g. “Supplement” means an annual addition to the base salary
  555  for the term of the negotiated supplement as long as the
  556  employee continues his or her employment for the purpose of the
  557  supplement. A supplement does not become part of the employee’s
  558  continuing base salary but shall be considered compensation
  559  under s. 121.021(22).
  560         2. Cost-of-living adjustment.—A district school board may
  561  provide a cost-of-living salary adjustment if the adjustment:
  562         a. Does not discriminate among comparable classes of
  563  employees based upon the salary schedule under which they are
  564  compensated.
  565         b. Does not exceed 50 percent of the annual adjustment
  566  provided to instructional personnel rated as effective.
  567         3. Advanced degrees.—A district school board may not use
  568  advanced degrees in setting a salary schedule for instructional
  569  personnel or school administrators hired on or after July 1,
  570  2011, unless the advanced degree is held in the individual’s
  571  area of certification and is only a salary supplement.
  572         4. Grandfathered salary schedule.—
  573         a. The district school board shall adopt a salary schedule
  574  or salary schedules to be used as the basis for paying all
  575  school employees hired before July 1, 2014. Instructional
  576  personnel on annual contract as of July 1, 2014, shall be placed
  577  on the performance salary schedule adopted under subparagraph 5.
  578  Instructional personnel on continuing contract or professional
  579  service contract may opt into the performance salary schedule if
  580  the employee relinquishes such contract and agrees to be
  581  employed on an annual contract under s. 1012.335. Such an
  582  employee shall be placed on the performance salary schedule and
  583  may not return to continuing contract or professional service
  584  contract status. Any employee who opts into the performance
  585  salary schedule may not return to the grandfathered salary
  586  schedule.
  587         b. In determining the grandfathered salary schedule for
  588  instructional personnel, a district school board must base a
  589  portion of each employee’s compensation upon performance
  590  demonstrated under s. 1012.34 and shall provide differentiated
  591  pay for both instructional personnel and school administrators
  592  based upon district-determined factors, including, but not
  593  limited to, additional responsibilities, school demographics,
  594  critical shortage areas, and level of job performance
  595  difficulties.
  596         5. Performance salary schedule.—By July 1, 2014, the
  597  district school board shall adopt a performance salary schedule
  598  that provides annual salary adjustments for instructional
  599  personnel and school administrators based upon performance
  600  determined under s. 1012.34. Employees hired on or after July 1,
  601  2014, or employees who choose to move from the grandfathered
  602  salary schedule to the performance salary schedule shall be
  603  compensated pursuant to the performance salary schedule once
  604  they have received the appropriate performance evaluation for
  605  this purpose. However, a classroom teacher whose performance
  606  evaluation utilizes student learning growth measures established
  607  under s. 1012.34(7)(e) shall remain under the grandfathered
  608  salary schedule until his or her teaching assignment changes to
  609  a subject for which there is an assessment or the school
  610  district establishes equally appropriate measures of student
  611  learning growth as defined under s. 1012.34 and rules of the
  612  State Board of Education.
  613         a. Base salary.—The base salary shall be established as
  614  follows:
  615         (I) The base salary for instructional personnel or school
  616  administrators who opt into the performance salary schedule
  617  shall be the salary paid in the prior year, including
  618  adjustments only.
  619         (II) Beginning July 1, 2014, instructional personnel or
  620  school administrators new to the district, returning to the
  621  district after a break in service without an authorized leave of
  622  absence, or appointed for the first time to a position in the
  623  district in the capacity of instructional personnel or school
  624  administrator shall be placed on the performance salary
  625  schedule.
  626         b. Salary adjustments.—Salary adjustments for highly
  627  effective or effective performance shall be established as
  628  follows:
  629         (I) The annual salary adjustment under the performance
  630  salary schedule for an employee rated as highly effective must
  631  be greater than the highest annual salary adjustment available
  632  to an employee of the same classification through any other
  633  salary schedule adopted by the district.
  634         (II) The annual salary adjustment under the performance
  635  salary schedule for an employee rated as effective must be equal
  636  to at least 50 percent and no more than 75 percent of the annual
  637  adjustment provided for a highly effective employee of the same
  638  classification.
  639         (III) The performance salary schedule shall not provide an
  640  annual salary adjustment for an employee who receives a rating
  641  other than highly effective or effective for the year.
  642         c. Salary supplements.—In addition to the salary
  643  adjustments, each district school board shall provide for salary
  644  supplements for activities that must include, but are not
  645  limited to:
  646         (I) Assignment to a Title I eligible school.
  647         (II) Assignment to a school in the bottom two categories of
  648  the school improvement system under s. 1008.33 such that the
  649  supplement remains in force for at least 1 year following
  650  improved performance in that school.
  651         (III) Certification and teaching in critical teacher
  652  shortage areas. Statewide critical teacher shortage areas shall
  653  be identified by the State Board of Education under s. 1012.07.
  654  However, the district school board may identify other areas of
  655  critical shortage within the school district for purposes of
  656  this sub-sub-subparagraph and may remove areas identified by the
  657  state board which do not apply within the school district.
  658         (IV) Assignment of additional academic responsibilities.
  659  
  660  If budget constraints in any given year limit a district school
  661  board’s ability to fully fund all adopted salary schedules, the
  662  performance salary schedule shall not be reduced on the basis of
  663  total cost or the value of individual awards in a manner that is
  664  proportionally greater than reductions to any other salary
  665  schedules adopted by the district. The district school board
  666  shall adopt a salary schedule or salary schedules designed to
  667  furnish incentives for improvement in training and for continued
  668  efficient service to be used as a basis for paying all school
  669  employees and fix and authorize the compensation of school
  670  employees on the basis thereof.
  671         2. A district school board, in determining the salary
  672  schedule for instructional personnel, must base a portion of
  673  each employee’s compensation on performance demonstrated under
  674  s. 1012.34, must consider the prior teaching experience of a
  675  person who has been designated state teacher of the year by any
  676  state in the United States, and must consider prior professional
  677  experience in the field of education gained in positions in
  678  addition to district level instructional and administrative
  679  positions.
  680         3. In developing the salary schedule, the district school
  681  board shall seek input from parents, teachers, and
  682  representatives of the business community.
  683         4. Beginning with the 2007-2008 academic year, each
  684  district school board shall adopt a salary schedule with
  685  differentiated pay for both instructional personnel and school
  686  based administrators. The salary schedule is subject to
  687  negotiation as provided in chapter 447 and must allow
  688  differentiated pay based on district-determined factors,
  689  including, but not limited to, additional responsibilities,
  690  school demographics, critical shortage areas, and level of job
  691  performance difficulties.
  692         (e) Transfer and promotion.—The district school board shall
  693  act on recommendations of the district school superintendent
  694  regarding transfer and promotion of any employee. The district
  695  school superintendent’s primary consideration in recommending an
  696  individual for a promotion must be the individual’s demonstrated
  697  effectiveness under s. 1012.34.
  698         Section 5. Section 1012.335, Florida Statutes, is created
  699  to read:
  700         1012.335 Contracts with instructional personnel hired on or
  701  after July 1, 2011.—
  702         (1) DEFINITIONS.—As used in this section, the term:
  703         (a) “Annual contract” means an employment contract for a
  704  period of no longer than 1 school year which the district school
  705  board may choose to award or not award without cause.
  706         (b) “Instructional personnel” means instructional personnel
  707  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  708  teachers.
  709         (c) “Probationary contract” means an employment contract
  710  for a period of 1 school year awarded to instructional personnel
  711  upon initial employment in a school district. Probationary
  712  contract employees may be dismissed without cause or may resign
  713  without breach of contract. A district school board may not
  714  award a probationary contract more than once to the same
  715  employee unless the employee was rehired after a break in
  716  service for which an authorized leave of absence was not
  717  granted. A probationary contract shall be awarded regardless of
  718  previous employment in another school district or state.
  719         (2) EMPLOYMENT.—
  720         (a) Beginning July 1, 2011, each individual newly hired as
  721  instructional personnel by the district school board shall be
  722  awarded a probationary contract. Upon successful completion of
  723  the probationary contract, the district school board may award
  724  an annual contract pursuant to paragraph (c).
  725         (b) Beginning July 1, 2011, an annual contract may be
  726  awarded pursuant to paragraph (c) for instructional personnel
  727  who have successfully completed a probationary contract with the
  728  district school board and have received one or more annual
  729  contracts from the district school board.
  730         (c) An annual contract may be awarded only if the employee:
  731         1. Holds an active professional certificate or temporary
  732  certificate issued pursuant to s. 1012.56 and rules of the State
  733  Board of Education.
  734         2. Has been recommended by the district school
  735  superintendent for the annual contract based upon the
  736  individual’s evaluation under s. 1012.34 and approved by the
  737  district school board.
  738         3. Has not received two consecutive annual performance
  739  evaluation ratings of unsatisfactory, two annual performance
  740  evaluation ratings of unsatisfactory within a 3-year period, or
  741  three consecutive annual performance evaluation ratings of needs
  742  improvement or a combination of needs improvement and
  743  unsatisfactory under s. 1012.34.
  744         (3) VIOLATION OF ANNUAL CONTRACT.—Instructional personnel
  745  who accept a written offer from the district school board and
  746  who leave their positions without prior release from the
  747  district school board are subject to the jurisdiction of the
  748  Education Practices Commission.
  749         (4) SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
  750  ANNUAL CONTRACT.—Any instructional personnel with an annual
  751  contract may be suspended or dismissed at any time during the
  752  term of the contract for just cause as provided in subsection
  753  (5). The district school board shall notify the employee in
  754  writing whenever charges are made and may suspend such person
  755  without pay. However, if the charges are not sustained, the
  756  employee shall be immediately reinstated and his or her back pay
  757  shall be paid. If the employee wishes to contest the charges, he
  758  or she must, within 15 days after receipt of the written notice,
  759  submit a written request for a hearing to the district school
  760  board. A direct hearing shall be conducted by the district
  761  school board or a subcommittee thereof within 60 days after
  762  receipt of the written appeal. The hearing shall be conducted in
  763  accordance with ss. 120.569 and 120.57. A majority vote of the
  764  membership of the district school board shall be required to
  765  sustain the district school superintendent’s recommendation. The
  766  district school board’s determination is final as to the
  767  sufficiency or insufficiency of the grounds for suspension
  768  without pay or dismissal. Any such decision adverse to the
  769  employee may be appealed by the employee pursuant to s. 120.68.
  770         (5) JUST CAUSE.—The State Board of Education shall adopt
  771  rules pursuant to ss. 120.536(1) and 120.54 to define the term
  772  “just cause.” Just cause includes, but is not limited to:
  773         (a) Immorality.
  774         (b) Misconduct in office.
  775         (c) Incompetency.
  776         (d) Gross insubordination.
  777         (e) Willful neglect of duty.
  778         (f) Being convicted or found guilty of, or entering a plea
  779  of guilty to, regardless of adjudication of guilt, any crime
  780  involving moral turpitude.
  781         (6) LIMITATION.—An individual newly hired as instructional
  782  personnel by a school district in this state under this section
  783  is ineligible for any contract issued under s. 1012.33.
  784         Section 6. Paragraph (b) of subsection (16) of section
  785  1002.33, Florida Statutes, is amended to read:
  786         1002.33 Charter schools.—
  787         (16) EXEMPTION FROM STATUTES.—
  788         (b) Additionally, a charter school shall be in compliance
  789  with the following statutes:
  790         1. Section 286.011, relating to public meetings and
  791  records, public inspection, and criminal and civil penalties.
  792         2. Chapter 119, relating to public records.
  793         3. Section 1003.03, relating to the maximum class size,
  794  except that the calculation for compliance pursuant to s.
  795  1003.03 shall be the average at the school level.
  796         4. Section 1012.22(1)(c), relating to compensation and
  797  salary schedules.
  798         5. Section 1012.33(5), relating to workforce reductions.
  799         6. Section 1012.335, relating to contracts with
  800  instructional personnel hired on or after July 1, 2011.
  801         7. Section 1012.34, relating to the substantive
  802  requirements for performance evaluations for instructional
  803  personnel and school administrators.
  804         Section 7. Paragraph (h) of subsection (2) of section
  805  1003.621, Florida Statutes, is amended to read:
  806         1003.621 Academically high-performing school districts.—It
  807  is the intent of the Legislature to recognize and reward school
  808  districts that demonstrate the ability to consistently maintain
  809  or improve their high-performing status. The purpose of this
  810  section is to provide high-performing school districts with
  811  flexibility in meeting the specific requirements in statute and
  812  rules of the State Board of Education.
  813         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  814  high-performing school district shall comply with all of the
  815  provisions in chapters 1000-1013, and rules of the State Board
  816  of Education which implement these provisions, pertaining to the
  817  following:
  818         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  819  public school personnel compensation and salary schedules; s.
  820  1012.34, relating to personnel evaluation procedures and
  821  criteria; and ss. 1012.33 and 1012.335, relating to contracts
  822  with instructional personnel, staff, supervisors, and school
  823  administrators differentiated pay and performance-pay policies
  824  for school administrators and instructional personnel.
  825  Professional service contracts are subject to the provisions of
  826  ss. 1012.33 and 1012.34.
  827         Section 8. Subsection (4) of section 1006.09, Florida
  828  Statutes, is amended to read:
  829         1006.09 Duties of school principal relating to student
  830  discipline and school safety.—
  831         (4) When a student has been the victim of a violent crime
  832  perpetrated by another student who attends the same school, the
  833  school principal shall make full and effective use of the
  834  provisions of subsection (2) and s. 1006.13(6). A school
  835  principal who fails to comply with this subsection shall be
  836  ineligible for any portion of the performance pay policy
  837  incentive or the differentiated pay under s. 1012.22. However,
  838  if any party responsible for notification fails to properly
  839  notify the school, the school principal shall be eligible for
  840  the performance pay incentive or differentiated pay.
  841         Section 9. Section 1012.07, Florida Statutes, is amended to
  842  read:
  843         1012.07 Identification of critical teacher shortage areas.—
  844         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  845  “critical teacher shortage area” means high-need content areas
  846  applies to mathematics, science, career education, and high
  847  priority high priority location areas identified by. the State
  848  Board of Education may identify career education programs having
  849  critical teacher shortages. The State Board of Education shall
  850  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  851  annually identify other critical teacher shortage areas and high
  852  priority location areas. The state board must shall also
  853  consider current and emerging educational requirements and
  854  workforce demands teacher characteristics such as ethnic
  855  background, race, and sex in determining critical teacher
  856  shortage areas. School grade levels may also be designated
  857  critical teacher shortage areas. Individual district school
  858  boards may identify and submit other critical teacher shortage
  859  areas. Such submissions shortages must be aligned to current and
  860  emerging educational requirements and workforce demands in order
  861  to be certified to and approved by the State Board of Education.
  862  High-priority High priority location areas shall be in high
  863  density, low-economic urban schools, and low-density, low
  864  economic rural schools, and schools identified as lowest
  865  performing under s. 1008.33(4)(b) shall include schools which
  866  meet criteria which include, but are not limited to, the
  867  percentage of free lunches, the percentage of students under
  868  Chapter I of the Education Consolidation and Improvement Act of
  869  1981, and the faculty attrition rate.
  870         (2) This section shall be implemented only to the extent as
  871  specifically funded and authorized by law.
  872         Section 10. Subsection (5) of section 1012.2315, Florida
  873  Statutes, is amended to read:
  874         1012.2315 Assignment of teachers.—
  875         (5) REPORT.—
  876         (a) By July 1, 2012, the Department of Education shall
  877  annually report on its website, in a manner that is accessible
  878  to the public, the performance rating data reported by district
  879  school boards under s. 1012.34. The report must include the
  880  percentage of classroom teachers, instructional personnel, and
  881  school administrators receiving each performance rating
  882  aggregated by school district and by school.
  883         (b) Notwithstanding the provisions of s. 1012.31(3)(a)2.,
  884  each school district shall annually report to the parent of any
  885  student who is assigned to a classroom teacher or school
  886  administrator having two consecutive annual performance
  887  evaluation ratings of unsatisfactory under s. 1012.34, two
  888  annual performance evaluation ratings of unsatisfactory within a
  889  3-year period under s. 1012.34, or three consecutive annual
  890  performance evaluation ratings of needs improvement or a
  891  combination of needs improvement and unsatisfactory under s.
  892  1012.34. Schools graded “D” or “F” shall annually report their
  893  teacher-retention rate. Included in this report shall be reasons
  894  listed for leaving by each teacher who left the school for any
  895  reason.
  896         Section 11. Subsections (1) and (2) of section 1012.27,
  897  Florida Statutes, are amended to read:
  898         1012.27 Public school personnel; powers and duties of
  899  district school superintendent.—The district school
  900  superintendent is responsible for directing the work of the
  901  personnel, subject to the requirements of this chapter, and in
  902  addition the district school superintendent shall perform the
  903  following:
  904         (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
  905         (a) Recommend to the district school board duties and
  906  responsibilities which need to be performed and positions which
  907  need to be filled to make possible the development of an
  908  adequate school program in the district.
  909         (b) Recommend minimum qualifications of personnel for these
  910  various positions, and nominate in writing persons to fill such
  911  positions.
  912  
  913  The district school superintendent’s recommendations for filling
  914  instructional positions at the school level must consider
  915  nominations received from school principals of the respective
  916  schools. Before transferring a teacher who holds a professional
  917  teaching certificate from one school to another, the district
  918  school superintendent shall consult with the principal of the
  919  receiving school and allow the principal to review the teacher’s
  920  records, including student performance demonstrated under s.
  921  1012.34, and interview the teacher. If, in the judgment of the
  922  principal, students would not benefit from the placement, an
  923  alternative placement may be sought. A principal may refuse the
  924  placement in accordance with s. 1012.28(6).
  925         (2) COMPENSATION AND SALARY SCHEDULES.—Prepare and
  926  recommend to the district school board for adoption a salary
  927  schedule or salary schedules in accordance with s. 1012.22. The
  928  district school superintendent must recommend a salary schedule
  929  for instructional personnel which bases a portion of each
  930  employee’s compensation on performance demonstrated under s.
  931  1012.34. In developing the recommended salary schedule, the
  932  district school superintendent shall include input from parents,
  933  teachers, and representatives of the business community.
  934  Beginning with the 2007-2008 academic year, the recommended
  935  salary schedule for classroom teachers shall be consistent with
  936  the district’s differentiated-pay policy based upon s. 1012.22.
  937         Section 12. Subsection (3) of section 1012.28, Florida
  938  Statutes, is amended, present subsection (6) is renumbered and
  939  amended, and a new subsection (6) is added to that section, to
  940  read:
  941         1012.28 Public school personnel; duties of school
  942  principals.—
  943         (3) Each school principal is responsible for the
  944  performance of all personnel employed by the district school
  945  board and assigned to the school to which the principal is
  946  assigned. The school principal shall faithfully and effectively
  947  apply the personnel evaluation assessment system approved by the
  948  district school board pursuant to s. 1012.34.
  949         (6) A principal may refuse to accept the placement or
  950  transfer of instructional personnel by the district school
  951  superintendent to his or her school unless the instructional
  952  personnel has a performance rating of effective or highly
  953  effective under s. 1012.34.
  954         (7)(6) A school principal who fails to comply with this
  955  section shall be ineligible for any portion of the performance
  956  pay policy incentive and differentiated pay under s. 1012.22.
  957         Section 13. Paragraph (a) of subsection (1) and subsections
  958  (3) and (5) of section 1012.33, Florida Statutes, are amended to
  959  read:
  960         1012.33 Contracts with instructional staff, supervisors,
  961  and school principals.—
  962         (1)(a) Each person employed as a member of the
  963  instructional staff in any district school system shall be
  964  properly certified pursuant to s. 1012.56 or s. 1012.57 or
  965  employed pursuant to s. 1012.39 and shall be entitled to and
  966  shall receive a written contract as specified in this section.
  967  All such contracts, except continuing contracts as specified in
  968  subsection (4), shall contain provisions for dismissal during
  969  the term of the contract only for just cause. Just cause
  970  includes, but is not limited to, the following instances, as
  971  defined by rule of the State Board of Education: immorality,
  972  misconduct in office, incompetency, two consecutive annual
  973  performance evaluation ratings of unsatisfactory under s.
  974  1012.34, two annual performance evaluation ratings of
  975  unsatisfactory within a 3-year period under s. 1012.34, three
  976  consecutive annual performance evaluation ratings of needs
  977  improvement or a combination of needs improvement and
  978  unsatisfactory under s. 1012.34, gross insubordination, willful
  979  neglect of duty, or being convicted or found guilty of, or
  980  entering a plea of guilty to, regardless of adjudication of
  981  guilt, any crime involving moral turpitude.
  982         (3)(a) Each district school board shall provide a
  983  professional service contract as prescribed herein. Each member
  984  of the instructional staff who completed the following
  985  requirements prior to July 1, 1984, shall be entitled to and
  986  shall be issued a continuing contract in the form prescribed by
  987  rules of the state board pursuant to s. 231.36, Florida Statutes
  988  (1981). Each member of the instructional staff who completes the
  989  following requirements on or after July 1, 1984, shall be
  990  entitled to and shall be issued a professional service contract
  991  in the form prescribed by rules of the state board as provided
  992  herein:
  993         1. The member must hold a professional certificate as
  994  prescribed by s. 1012.56 and rules of the State Board of
  995  Education.
  996         2. The member must have completed 3 years of probationary
  997  service in the district during a period not in excess of 5
  998  successive years, except for leave duly authorized and granted.
  999         3. The member must have been recommended by the district
 1000  school superintendent for such contract and reappointed by the
 1001  district school board based on successful performance of duties
 1002  and demonstration of professional competence.
 1003         4. For any person newly employed as a member of the
 1004  instructional staff after June 30, 1997, the initial annual
 1005  contract shall include a 97-day probationary period during which
 1006  time the employee’s contract may be terminated without cause or
 1007  the employee may resign without breach of contract.
 1008         (b) The professional service contract shall be effective at
 1009  the beginning of the school fiscal year following the completion
 1010  of all requirements therefor.
 1011         (c) The period of service provided herein may be extended
 1012  to 4 years when prescribed by the district school board and
 1013  agreed to in writing by the employee at the time of
 1014  reappointment.
 1015         (d) A district school board may issue a continuing contract
 1016  prior to July 1, 1984, and may issue a professional service
 1017  contract subsequent to July 1, 1984, to any employee who has
 1018  previously held a professional service contract or continuing
 1019  contract in the same or another district within this state. Any
 1020  employee who holds a continuing contract may, but is not
 1021  required to, exchange such continuing contract for a
 1022  professional service contract in the same district.
 1023         (d)(e) A professional service contract shall be renewed
 1024  each year unless:
 1025         1. The district school superintendent, after receiving the
 1026  recommendations required by s. 1012.34, charges the employee
 1027  with unsatisfactory performance and notifies the employee of
 1028  performance deficiencies as required by s. 1012.34; or
 1029         2.The employee receives two consecutive annual performance
 1030  evaluation ratings of unsatisfactory under s. 1012.34, two
 1031  annual performance evaluation ratings of unsatisfactory within a
 1032  3-year period under s. 1012.34, or three consecutive annual
 1033  performance evaluation ratings of needs improvement or a
 1034  combination of needs improvement and unsatisfactory under s.
 1035  1012.34. An employee who holds a professional service contract
 1036  on July 1, 1997, is subject to the procedures set forth in
 1037  paragraph (f) during the term of the existing professional
 1038  service contract. The employee is subject to the procedures set
 1039  forth in s. 1012.34(3)(d) upon the next renewal of the
 1040  professional service contract; however, if the employee is
 1041  notified of performance deficiencies before the next contract
 1042  renewal date, the procedures of s. 1012.34(3)(d) do not apply
 1043  until the procedures set forth in paragraph (f) have been
 1044  exhausted and the professional service contract is subsequently
 1045  renewed.
 1046         (f) The district school superintendent shall notify an
 1047  employee who holds a professional service contract on July 1,
 1048  1997, in writing, no later than 6 weeks prior to the end of the
 1049  postschool conference period, of performance deficiencies which
 1050  may result in termination of employment, if not corrected during
 1051  the subsequent year of employment (which shall be granted for an
 1052  additional year in accordance with the provisions in subsection
 1053  (1)). Except as otherwise hereinafter provided, this action
 1054  shall not be subject to the provisions of chapter 120, but the
 1055  following procedures shall apply:
 1056         1. On receiving notice of unsatisfactory performance, the
 1057  employee, on request, shall be accorded an opportunity to meet
 1058  with the district school superintendent, or his or her designee,
 1059  for an informal review of the determination of unsatisfactory
 1060  performance.
 1061         2. An employee notified of unsatisfactory performance may
 1062  request an opportunity to be considered for a transfer to
 1063  another appropriate position, with a different supervising
 1064  administrator, for the subsequent year of employment. If the
 1065  request for the transfer is granted, the district school
 1066  superintendent shall annually report to the department the total
 1067  number of employees transferred pursuant to this subparagraph,
 1068  where they were transferred, and what, if any, remediation was
 1069  implemented to remediate the unsatisfactory performance.
 1070         3. During the subsequent year, the employee shall be
 1071  provided assistance and inservice training opportunities to help
 1072  correct the noted performance deficiencies. The employee shall
 1073  also be evaluated periodically so that he or she will be kept
 1074  apprised of progress achieved.
 1075         4. Not later than 6 weeks prior to the close of the
 1076  postschool conference period of the subsequent year, the
 1077  district school superintendent, after receiving and reviewing
 1078  the recommendation required by s. 1012.34, shall notify the
 1079  employee, in writing, whether the performance deficiencies have
 1080  been corrected. If so, a new professional service contract shall
 1081  be issued to the employee. If the performance deficiencies have
 1082  not been corrected, the district school superintendent may
 1083  notify the district school board and the employee, in writing,
 1084  that the employee shall not be issued a new professional service
 1085  contract; however, if the recommendation of the district school
 1086  superintendent is not to issue a new professional service
 1087  contract, and if the employee wishes to contest such
 1088  recommendation, the employee will have 15 days from receipt of
 1089  the district school superintendent’s recommendation to demand,
 1090  in writing, a hearing. In such hearing, the employee may raise
 1091  as an issue, among other things, the sufficiency of the district
 1092  school superintendent’s charges of unsatisfactory performance.
 1093  Such hearing shall be conducted at the district school board’s
 1094  election in accordance with one of the following procedures:
 1095         a. A direct hearing conducted by the district school board
 1096  within 60 days of receipt of the written appeal. The hearing
 1097  shall be conducted in accordance with the provisions of ss.
 1098  120.569 and 120.57. A majority vote of the membership of the
 1099  district school board shall be required to sustain the district
 1100  school superintendent’s recommendation. The determination of the
 1101  district school board shall be final as to the sufficiency or
 1102  insufficiency of the grounds for termination of employment; or
 1103         b. A hearing conducted by an administrative law judge
 1104  assigned by the Division of Administrative Hearings of the
 1105  Department of Management Services. The hearing shall be
 1106  conducted within 60 days of receipt of the written appeal in
 1107  accordance with chapter 120. The recommendation of the
 1108  administrative law judge shall be made to the district school
 1109  board. A majority vote of the membership of the district school
 1110  board shall be required to sustain or change the administrative
 1111  law judge’s recommendation. The determination of the district
 1112  school board shall be final as to the sufficiency or
 1113  insufficiency of the grounds for termination of employment.
 1114         (g) Beginning July 1, 2001, for each employee who enters
 1115  into a written contract, pursuant to this section, in a school
 1116  district in which the employee was not employed as of June 30,
 1117  2001, or was employed as of June 30, 2001, but has since broken
 1118  employment with that district for 1 school year or more, for
 1119  purposes of pay, a district school board must recognize and
 1120  accept each year of full-time public school teaching service
 1121  earned in the State of Florida for which the employee received a
 1122  satisfactory performance evaluation; however, an employee may
 1123  voluntarily waive this provision. Instructional personnel
 1124  employed pursuant to s. 121.091(9)(b) and (c) are exempt from
 1125  the provisions of this paragraph.
 1126         (5) If workforce reduction is needed, a district school
 1127  board must retain employees at a school or in the school
 1128  district based upon educational program needs and the
 1129  performance evaluations of employees within the affected program
 1130  areas. Within the program areas requiring reduction, the
 1131  employee with the lowest performance evaluations must be the
 1132  first to be released; the employee with the next lowest
 1133  performance evaluations must be the second to be released; and
 1134  reductions shall continue in like manner until the needed number
 1135  of reductions has occurred. A district school board may not
 1136  prioritize retention of employees based upon seniority. Should a
 1137  district school board have to choose from among its personnel
 1138  who are on continuing contracts or professional service
 1139  contracts as to which should be retained, such decisions shall
 1140  be made pursuant to the terms of a collectively bargained
 1141  agreement, when one exists. If no such agreement exists, the
 1142  district school board shall prescribe rules to handle reductions
 1143  in workforce.
 1144         Section 14. Section 1012.52, Florida Statutes, is repealed.
 1145         Section 15. Paragraph (h) of subsection (1) of section
 1146  1012.795, Florida Statutes, is amended to read:
 1147         1012.795 Education Practices Commission; authority to
 1148  discipline.—
 1149         (1) The Education Practices Commission may suspend the
 1150  educator certificate of any person as defined in s. 1012.01(2)
 1151  or (3) for up to 5 years, thereby denying that person the right
 1152  to teach or otherwise be employed by a district school board or
 1153  public school in any capacity requiring direct contact with
 1154  students for that period of time, after which the holder may
 1155  return to teaching as provided in subsection (4); may revoke the
 1156  educator certificate of any person, thereby denying that person
 1157  the right to teach or otherwise be employed by a district school
 1158  board or public school in any capacity requiring direct contact
 1159  with students for up to 10 years, with reinstatement subject to
 1160  the provisions of subsection (4); may revoke permanently the
 1161  educator certificate of any person thereby denying that person
 1162  the right to teach or otherwise be employed by a district school
 1163  board or public school in any capacity requiring direct contact
 1164  with students; may suspend the educator certificate, upon an
 1165  order of the court or notice by the Department of Revenue
 1166  relating to the payment of child support; or may impose any
 1167  other penalty provided by law, if the person:
 1168         (h) Has breached a contract, as provided in s. 1012.33(2)
 1169  or s. 1012.335.
 1170         Section 16. (1) Notwithstanding any other provision of this
 1171  act, a school district that received an exemption under
 1172  Florida’s Race to the Top Memorandum of Understanding for Phase
 1173  2, as provided in section (D)(2)(ii) of the memorandum, is
 1174  allowed to base 40 percent, instead of 50 percent, of
 1175  instructional personnel and school administrator performance
 1176  evaluations upon student learning growth under s. 1012.34,
 1177  Florida Statutes, as amended by this act. The school district is
 1178  also exempt from the amendments to s. 1012.22(1)(c), Florida
 1179  Statutes, made by this act. The exemptions described in this
 1180  subsection are effective for the 2011-2012 school year and are
 1181  effective for each school year thereafter if the school district
 1182  receives annual approval by the State Board of Education.
 1183         (2) The State Board of Education shall base its approval
 1184  upon demonstration by the school district of the following:
 1185         (a) The instructional personnel and school administrator
 1186  evaluation systems base at least 40 percent of an employee’s
 1187  performance evaluation upon student performance and that student
 1188  performance is the single greatest component of an employee’s
 1189  evaluation.
 1190         (b) The instructional personnel and school administrator
 1191  evaluation systems adopt the Commissioner of Education’s student
 1192  learning growth formula for statewide assessments as provided
 1193  under s. 1012.34(7), Florida Statutes.
 1194         (c) The school district’s instructional personnel and
 1195  school administrator compensation system awards salary increases
 1196  based upon sustained student performance.
 1197         (d) The school district’s contract system awards
 1198  instructional personnel and school administrators based upon
 1199  student performance and removes ineffective employees.
 1200         (e) Beginning with the 2014-2015 school year and each
 1201  school year thereafter, student learning growth based upon
 1202  performance on statewide assessments under s. 1008.22, Florida
 1203  Statutes, must have significantly improved compared to student
 1204  learning growth in the district in 2011-2012 and significantly
 1205  improved compared to other school districts.
 1206         (3) The State Board of Education shall annually renew a
 1207  school district’s exemptions if the school district demonstrates
 1208  that it meets the requirements of subsection (2). If the
 1209  exemptions are not renewed, the school district must comply with
 1210  the requirements and laws described in subsection (1) by the
 1211  beginning of the next school year immediately following the loss
 1212  of the exemptions.
 1213         (4) The State Board of Education shall adopt rules pursuant
 1214  to ss. 120.536(1) and 120.54, Florida Statutes, to establish the
 1215  procedures for applying for the exemptions and the criteria for
 1216  renewing the exemptions.
 1217  
 1218  This section shall be repealed August 1, 2017, unless reviewed
 1219  and reenacted by the Legislature.
 1220         Section 17. Chapter 2010-279, Laws of Florida, does not
 1221  apply to any rulemaking required to administer this act.
 1222         Section 18. The provisions of any special act or general
 1223  law of local application relating to contracts for instructional
 1224  personnel or school administrators in public schools or school
 1225  districts in effect on or before the effective date of this act
 1226  are repealed.
 1227         Section 19. The amendments made by this act to s. 1012.33,
 1228  Florida Statutes, apply to contracts newly entered into,
 1229  extended, or readopted on or after July 1, 2011, and to all
 1230  contracts entered into on or after July 1, 2014.
 1231         Section 20. If any provision of this act or its application
 1232  to any person or circumstance is held invalid, the invalidity
 1233  does not affect other provisions or applications of the act
 1234  which can be given effect without the invalid provision or
 1235  application, and to this end the provisions of this act are
 1236  severable.
 1237         Section 21. Except as otherwise expressly provided in this
 1238  act and except for this section, which shall take effect upon
 1239  this act becoming a law, this act shall take effect July 1,
 1240  2011.