Florida Senate - 2012                                    SB 1380
       
       
       
       By Senator Gibson
       
       
       
       
       1-01207-12                                            20121380__
    1                        A bill to be entitled                      
    2         An act relating to instructional personnel; amending
    3         s. 1012.22, F.S.; conforming a cross-reference;
    4         amending s. 1012.34, F.S.; deleting a provision
    5         requiring that the performance evaluations of
    6         instructional personnel who are not classroom teachers
    7         include growth data on statewide assessments for
    8         students assigned to the instructional personnel over
    9         the course of at least 3 years; deleting provisions
   10         authorizing a school district to request that the
   11         performance evaluation of a classroom teacher assigned
   12         to a course that is not measured by a statewide
   13         assessment include the learning growth of the
   14         teacher’s students on FCAT Reading or FCAT
   15         Mathematics; deleting provisions requiring that the
   16         student learning growth portion of a performance
   17         evaluation for classroom teachers of courses for which
   18         the district has not implemented appropriate
   19         assessments be measured by the growth in learning of
   20         the classroom teachers’ students on statewide
   21         assessments; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Paragraph (c) of subsection (1) of section
   26  1012.22, Florida Statutes, is amended to read:
   27         1012.22 Public school personnel; powers and duties of the
   28  district school board.—The district school board shall:
   29         (1) Designate positions to be filled, prescribe
   30  qualifications for those positions, and provide for the
   31  appointment, compensation, promotion, suspension, and dismissal
   32  of employees as follows, subject to the requirements of this
   33  chapter:
   34         (c) Compensation and salary schedules.—
   35         1. Definitions.—As used in this paragraph:
   36         a. “Adjustment” means an addition to the base salary
   37  schedule which that is not a bonus and becomes part of the
   38  employee’s permanent base salary and is shall be considered
   39  compensation under s. 121.021(22).
   40         b. “Grandfathered salary schedule” means the salary
   41  schedule or schedules adopted by a district school board before
   42  July 1, 2014, pursuant to subparagraph 4.
   43         c. “Instructional personnel” means instructional personnel
   44  as defined in s. 1012.01(2)(a)-(d), excluding substitute
   45  teachers.
   46         d. “Performance salary schedule” means the salary schedule
   47  or schedules adopted by a district school board pursuant to
   48  subparagraph 5.
   49         e. “Salary schedule” means the schedule or schedules used
   50  to provide the base salary for district school board personnel.
   51         f. “School administrator” means a school administrator as
   52  defined in s. 1012.01(3)(c).
   53         g. “Supplement” means an annual addition to the base salary
   54  for the term of the negotiated supplement as long as the
   55  employee continues his or her employment for the purpose of the
   56  supplement. A supplement does not become part of the employee’s
   57  continuing base salary but is shall be considered compensation
   58  under s. 121.021(22).
   59         2. Cost-of-living adjustment.—A district school board may
   60  provide a cost-of-living salary adjustment if the adjustment:
   61         a. Does not discriminate among comparable classes of
   62  employees based upon the salary schedule under which they are
   63  compensated.
   64         b. Does not exceed 50 percent of the annual adjustment
   65  provided to instructional personnel rated as effective.
   66         3. Advanced degrees.—A district school board may not use
   67  advanced degrees in setting a salary schedule for instructional
   68  personnel or school administrators hired on or after July 1,
   69  2011, unless the advanced degree is held in the individual’s
   70  area of certification and is only a salary supplement.
   71         4. Grandfathered salary schedule.—
   72         a. The district school board shall adopt a salary schedule
   73  or salary schedules to be used as the basis for paying all
   74  school employees hired before July 1, 2014. Instructional
   75  personnel on annual contract as of July 1, 2014, shall be placed
   76  on the performance salary schedule adopted under subparagraph 5.
   77  Instructional personnel on continuing contract or professional
   78  service contract may opt into the performance salary schedule if
   79  the employee relinquishes such contract and agrees to be
   80  employed on an annual contract under s. 1012.335. The Such an
   81  employee shall be placed on the performance salary schedule and
   82  may not return to continuing contract or professional service
   83  contract status. Any employee who opts into the performance
   84  salary schedule may not return to the grandfathered salary
   85  schedule.
   86         b. In determining the grandfathered salary schedule for
   87  instructional personnel, a district school board must base a
   88  portion of each employee’s compensation upon performance
   89  demonstrated under s. 1012.34 and shall provide differentiated
   90  pay for both instructional personnel and school administrators
   91  based upon district-determined factors, including, but not
   92  limited to, additional responsibilities, school demographics,
   93  critical shortage areas, and level of job performance
   94  difficulties.
   95         5. Performance salary schedule.—By July 1, 2014, the
   96  district school board shall adopt a performance salary schedule
   97  that provides annual salary adjustments for instructional
   98  personnel and school administrators based upon performance
   99  determined under s. 1012.34. Employees hired on or after July 1,
  100  2014, or employees who choose to move from the grandfathered
  101  salary schedule to the performance salary schedule shall be
  102  compensated pursuant to the performance salary schedule once
  103  they have received the appropriate performance evaluation for
  104  this purpose. However, a classroom teacher whose performance
  105  evaluation uses utilizes student learning growth measures
  106  established under s. 1012.34(7)(d) 1012.34(7)(e) shall remain
  107  under the grandfathered salary schedule until his or her
  108  teaching assignment changes to a subject for which there is an
  109  assessment or the school district establishes equally
  110  appropriate measures of student learning growth as defined under
  111  s. 1012.34 and rules of the State Board of Education.
  112         a. Base salary.—The base salary shall be established as
  113  follows:
  114         (I) The base salary for instructional personnel or school
  115  administrators who opt into the performance salary schedule
  116  shall be the salary paid in the prior year, including
  117  adjustments only.
  118         (II) Beginning July 1, 2014, instructional personnel or
  119  school administrators new to the district, returning to the
  120  district after a break in service without an authorized leave of
  121  absence, or appointed for the first time to a position in the
  122  district in the capacity of instructional personnel or school
  123  administrator shall be placed on the performance salary
  124  schedule.
  125         b. Salary adjustments.—Salary adjustments for highly
  126  effective or effective performance shall be established as
  127  follows:
  128         (I) The annual salary adjustment under the performance
  129  salary schedule for an employee rated as highly effective must
  130  be greater than the highest annual salary adjustment available
  131  to an employee of the same classification through any other
  132  salary schedule adopted by the district.
  133         (II) The annual salary adjustment under the performance
  134  salary schedule for an employee rated as effective must be equal
  135  to at least 50 percent and no more than 75 percent of the annual
  136  adjustment provided for a highly effective employee of the same
  137  classification.
  138         (III) The performance salary schedule may shall not provide
  139  an annual salary adjustment for an employee who receives a
  140  rating other than highly effective or effective for the year.
  141         c. Salary supplements.—In addition to the salary
  142  adjustments, each district school board shall provide for salary
  143  supplements for activities that must include, but are not
  144  limited to:
  145         (I) Assignment to a Title I eligible school.
  146         (II) Assignment to a school in the bottom two categories of
  147  the school improvement system under s. 1008.33 such that the
  148  supplement remains in force for at least 1 year following
  149  improved performance in that school.
  150         (III) Certification and teaching in critical teacher
  151  shortage areas. Statewide critical teacher shortage areas shall
  152  be identified by the State Board of Education under s. 1012.07.
  153  However, the district school board may identify other areas of
  154  critical shortage within the school district for purposes of
  155  this sub-sub-subparagraph and may remove areas identified by the
  156  state board which do not apply within the school district.
  157         (IV) Assignment of additional academic responsibilities.
  158  
  159  If budget constraints in any given year limit a district school
  160  board’s ability to fully fund all adopted salary schedules, the
  161  performance salary schedule may shall not be reduced on the
  162  basis of total cost or the value of individual awards in a
  163  manner that is proportionally greater than reductions to any
  164  other salary schedules adopted by the district.
  165         Section 2. Paragraph (a) of subsection (3) and paragraphs
  166  (d) and (e) of subsection (7) of section 1012.34, Florida
  167  Statutes, are amended to read:
  168         1012.34 Personnel evaluation procedures and criteria.—
  169         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
  170  personnel and school administrator performance evaluations must
  171  be based upon the performance of students assigned to their
  172  classrooms or schools, as provided in this section. Pursuant to
  173  this section, a school district’s performance evaluation is not
  174  limited to basing unsatisfactory performance of instructional
  175  personnel and school administrators solely upon student
  176  performance, but may include other criteria approved to evaluate
  177  instructional personnel and school administrators’ performance,
  178  or any combination of student performance and other approved
  179  criteria. Evaluation procedures and criteria must comply with,
  180  but are not limited to, the following:
  181         (a) A performance evaluation must be conducted for each
  182  employee at least once a year, except that a classroom teacher,
  183  as defined in s. 1012.01(2)(a), excluding substitute teachers,
  184  who is newly hired by the district school board must be observed
  185  and evaluated at least twice in the first year of teaching in
  186  the school district. The performance evaluation must be based
  187  upon sound educational principles and contemporary research in
  188  effective educational practices. The evaluation criteria must
  189  include:
  190         1. Performance of students.—At least 50 percent of a
  191  performance evaluation must be based upon data and indicators of
  192  student learning growth assessed annually by statewide
  193  assessments or, for subjects and grade levels not measured by
  194  statewide assessments, by school district assessments as
  195  provided in s. 1008.22(8). Each school district must use the
  196  formula adopted pursuant to paragraph (7)(a) for measuring
  197  student learning growth in all courses associated with statewide
  198  assessments and must select an equally appropriate formula for
  199  measuring student learning growth for all other grades and
  200  subjects, except as otherwise provided in subsection (7).
  201         a. For classroom teachers, as defined in s. 1012.01(2)(a),
  202  excluding substitute teachers, the student learning growth
  203  portion of the evaluation must include growth data for students
  204  assigned to the teacher over the course of at least 3 years. If
  205  less than 3 years of data are available, the years for which
  206  data are available must be used and the percentage of the
  207  evaluation based upon student learning growth may be reduced to
  208  not less than 40 percent.
  209         b. For instructional personnel who are not classroom
  210  teachers, the student learning growth portion of the evaluation
  211  must include growth data on statewide assessments for students
  212  assigned to the instructional personnel over the course of at
  213  least 3 years, or may include a combination of student learning
  214  growth data and other measurable student outcomes that are
  215  specific to the assigned position, if provided that the student
  216  learning growth data account accounts for not less than 30
  217  percent of the evaluation. If less than 3 years of student
  218  growth data are available, the years for which data are
  219  available must be used and the percentage of the evaluation
  220  based upon student learning growth may be reduced to not less
  221  than 20 percent.
  222         c. For school administrators, the student learning growth
  223  portion of the evaluation must include growth data for students
  224  assigned to the school over the course of at least 3 years. If
  225  less than 3 years of data are available, the years for which
  226  data are available must be used and the percentage of the
  227  evaluation based upon student learning growth may be reduced to
  228  not less than 40 percent.
  229         2. Instructional practice.—Evaluation criteria used when
  230  annually observing classroom teachers, as defined in s.
  231  1012.01(2)(a), excluding substitute teachers, must include
  232  indicators based upon each of the Florida Educator Accomplished
  233  Practices adopted by the State Board of Education. For
  234  instructional personnel who are not classroom teachers,
  235  evaluation criteria must be based upon indicators of the Florida
  236  Educator Accomplished Practices and may include specific job
  237  expectations related to student support.
  238         3. Instructional leadership.—For school administrators,
  239  evaluation criteria must include indicators based upon each of
  240  the leadership standards adopted by the State Board of Education
  241  under s. 1012.986, including performance measures related to the
  242  effectiveness of classroom teachers in the school, the
  243  administrator’s appropriate use of evaluation criteria and
  244  procedures, recruitment and retention of effective and highly
  245  effective classroom teachers, improvement in the percentage of
  246  instructional personnel evaluated at the highly effective or
  247  effective level, and other leadership practices that result in
  248  student learning growth. The system may include a means to give
  249  parents and instructional personnel an opportunity to provide
  250  input into the administrator’s performance evaluation.
  251         4. Professional and job responsibilities.—For instructional
  252  personnel and school administrators, other professional and job
  253  responsibilities must be included as adopted by the State Board
  254  of Education. The district school board may identify additional
  255  professional and job responsibilities.
  256         (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
  257         (d) If the student learning growth in a course is not
  258  measured by a statewide assessment but is measured by a school
  259  district assessment, a school district may request, through the
  260  evaluation system approval process, that the performance
  261  evaluation for the classroom teacher assigned to that course
  262  include the learning growth of his or her students on FCAT
  263  Reading or FCAT Mathematics. The request must clearly explain
  264  the rationale supporting the request. However, the classroom
  265  teacher’s performance evaluation must give greater weight to
  266  student learning growth on the district assessment.
  267         (d)(e) For classroom teachers of courses for which the
  268  district has not implemented appropriate assessments under s.
  269  1008.22(8) or for which the school district has not adopted an
  270  equally appropriate measure of student learning growth under
  271  paragraphs (b)-(c), (b)-(d), student learning growth must be
  272  measured by the growth in learning of the classroom teacher’s
  273  students on statewide assessments, or, for courses in which
  274  enrolled students do not take the statewide assessments,
  275  measurable learning targets must be established based upon the
  276  goals of the school improvement plan and approved by the school
  277  principal. A district school superintendent may assign to
  278  instructional personnel in an instructional team the student
  279  learning growth of the instructional team’s students on
  280  statewide assessments. This paragraph expires July 1, 2015.
  281         Section 3. This act shall take effect July 1, 2012.