Florida Senate - 2012 SB 1550 By Senator Montford 6-01062A-12 20121550__ 1 A bill to be entitled 2 An act relating to public education; creating s. 3 1003.615, F.S.; providing a short title; providing 4 legislative intent and purpose; providing an exemption 5 from certain statutes in chs. 1000-1013, F.S., and 6 corresponding administrative rules for school 7 districts; providing for specified exceptions to such 8 exemption; authorizing the State Board of Education to 9 enter into a performance contract with a school 10 district to provide a statutory waiver; authorizing a 11 school district, upon a super majority vote by the 12 district school board, to apply for a waiver from any 13 statute for a specified period after approval by the 14 Commissioner of Education and the State Board of 15 Education; requiring that an application for each 16 waiver request be submitted to the commissioner and 17 the State Board of Education; providing requirements 18 for the application; providing that a waiver may be 19 requested at any point during the fiscal year; 20 requiring that the commissioner and the State Board of 21 Education consider each waiver request in a timely 22 manner; providing that a school district may be 23 granted a waiver from certain statutes governing 24 school or school district operations and policies if 25 the commissioner and the State Board of Education 26 agree; providing exceptions from such waiver; 27 requiring that a school district receiving one or more 28 waivers be in compliance with certain statutes; 29 providing that the governing board of a school 30 district is the duly elected district school board; 31 requiring that each school district submit an annual 32 report to the Governor and the Legislature by a 33 specified date; providing requirements for the report; 34 providing an effective date. 35 36 WHEREAS, Education Week ranks Florida’s education system 37 fifth in the nation in its Quality Counts 2011 report, up from 38 31st place in 2007, and 39 WHEREAS, the report notes that Florida’s students were 40 stellar in their performance on the National Assessment of 41 Educational Progress (NAEP), and 42 WHEREAS, Florida is one of only four states whose students 43 were shown by the report to have improved significantly in both 44 4th and 8th grade reading on the NAEP, and 45 WHEREAS, the report shows that more than 100,000 of 46 Florida’s 2009 public and nonpublic high school graduating 47 seniors took the Scholastic Aptitude Test (SAT), the most ever, 48 and 49 WHEREAS, the report shows that the combined score of 50 African Americans in Florida who have taken the SAT is 7 points 51 higher than the national average for African American students, 52 and 53 WHEREAS, the report shows that the combined score of 54 Hispanics in Florida who have taken the SAT is 42 points higher 55 than the national average for Hispanic students, and 56 WHEREAS, the report shows that Florida’s participation in 57 the ACT assessment program reached its highest point ever, with 58 more than 100,000 of its graduating seniors taking the 59 assessment in 2009, up 12 percent from the previous year, and 60 WHEREAS, the report shows that Florida ranked first in the 61 nation in the percentage of students who took a College Board 62 Advanced Placement (AP) exam in high school, and shows Florida 63 tied for fifth in the nation in the percentage of students 64 taking the exam who earned a score of 3 or higher, and 65 WHEREAS, the report shows that Florida students had the 66 highest single-year increase in the percentage of students in 67 the class of 2009 who earned a score of 3 or higher on an AP 68 exam, and 69 WHEREAS, seven Florida public schools were recognized in 70 the report as leading the nation in increasing access to AP 71 courses among traditionally underserved students, more schools 72 than in any other state in the nation, and 73 WHEREAS, the 2010 FCAT results for grades 4 through 10 in 74 reading, mathematics, and science showed increases in the 75 percentage of students scoring proficient and above in almost 76 every middle and high school grade level in reading and 77 mathematics, and 78 WHEREAS, science achievement also showed positive momentum 79 with gains in all tested grade levels, and 80 WHEREAS, nearly 95 percent of students in grades 4, 8, and 81 10 scored a 3 or higher on the 6-point grading scale in writing, 82 and 83 WHEREAS, in 2010, 74 percent of elementary schools, and 78 84 percent of middle schools, earned an “A” or a “B” grade, and 85 WHEREAS, the performance of Florida’s high schools reached 86 record levels in 2009-2010 under a newly expanded high school 87 grading system, and 88 WHEREAS, nearly 71 percent of the state’s high schools 89 achieved either an “A” or “B” grade during the 2009-2010 school 90 year, and 91 WHEREAS, Florida’s high school graduation rate soared to 92 new heights in 2010, continuing a 5-year trend of increases, and 93 WHEREAS, the state’s graduation rate climbed more than 2.5 94 percentage points to 79 percent, which included a 3.5 percentage 95 point increase for African American students, a 3.2 percentage 96 point increase for Hispanic students, and a 2.3 percentage point 97 increase for white students, and 98 WHEREAS, Florida’s dropout rate declined for the fifth 99 straight year to a record low of 2 percent, and 100 WHEREAS, in order for Florida’s students to continue to be 101 successful, and for school districts to be innovative and 102 efficiently operated, each school district must have the 103 statutory and regulatory flexibility to move the public school 104 system from an industrial model to a knowledge-based model by 105 revolutionizing the school calendar and day, expanding public 106 school choice, expanding public school virtual education 107 options, and incorporating other innovations that will increase 108 student achievement and incorporate efficiency into the delivery 109 of public education, NOW, THEREFORE, 110 111 Be It Enacted by the Legislature of the State of Florida: 112 113 Section 1. Section 1003.615, Florida Statutes, is created 114 to read: 115 1003.615 Public Education Innovation and Efficiency Act.— 116 (1) SHORT TITLE.—This section may be cited as the “Public 117 Education Innovation and Efficiency Act.” 118 (2) LEGISLATIVE INTENT; PURPOSE.—The Legislature intends to 119 provide school districts with the statutory and regulatory 120 flexibility to reform public education in the state by exempting 121 school districts from certain statutes in chapters 1000-1013. 122 The purpose of this section is to maintain and significantly 123 improve student achievement through a variety of means, 124 including, but not limited to: 125 (a) Developing public-private partnerships with local 126 communities to expand opportunities for increased student 127 performance; 128 (b) Expanding public school parental choice programs within 129 the school district to meet local community employment and 130 educational needs; 131 (c) Expanding public school virtual education programs; and 132 (d) Authorizing greater flexibility in the use of tax 133 revenue, which will allow that revenue to be redirected to 134 classroom expenditures, while ensuring compliance with the 135 applicable constitutional and statutory requirements. 136 (3) EXEMPTION FROM STATUTES AND RULES.— 137 (a) Each school district is exempt from the statutes in 138 chapters 1000-1013 and the corresponding administrative rules; 139 however, each school district shall comply with the statutes in 140 those chapters: 141 1. Specifically pertaining to the student assessment 142 program and school grading system. 143 2. Pertaining to the provision of services to students with 144 disabilities. 145 3. Pertaining to civil rights, including s. 1000.05, 146 relating to discrimination. 147 4. Pertaining to student health, safety, and welfare. 148 5. Governing the election, duties, and responsibilities of 149 district school board members. 150 6. Governing the election or appointment of and duties and 151 responsibilities of the district school superintendent. 152 (b) In addition, each school district shall comply with: 153 1. Section 286.011, relating to public meetings and 154 records, public inspection, and criminal and civil penalties. 155 2. Chapter 119, relating to public records. 156 3. Section 1003.03, relating to the maximum class size, 157 except that the calculation for compliance pursuant to s. 158 1003.03 shall be the average at the school level for any school 159 choice program in which a parent or guardian chooses to place 160 his or her child, rather than the school district assignment. 161 4. Section 1012.22(1)(c), relating to compensation and 162 salary schedules. 163 5. Section 1012.33(5), relating to workforce reductions. 164 6. Section 1012.335, relating to contracts with 165 instructional personnel hired on or after July 1, 2011. 166 7. Section 1012.34, relating to the substantive 167 requirements for performance evaluations for instructional 168 personnel and school administrators. 169 8. Those statutes pertaining to financial matters, 170 including statutes in chapter 1010, except s. 1010.20(3). 171 9. Those statutes pertaining to planning and budgeting, 172 including statutes in chapter 1011, except s. 1011.62(9)(d), 173 relating to the requirement for a comprehensive reading plan. A 174 school district that is exempt from submitting the plan is 175 deemed approved to receive the research-based reading 176 instruction allocation. 177 10. Those statutes pertaining to educational facilities, 178 including statutes in chapter 1013, except s. 1013.20, relating 179 only to covered walkways for portables, and s. 1013.21, relating 180 to the use of relocatable facilities that exceed 20 years of 181 age. 182 11. Those statutes pertaining to instructional materials, 183 except s. 1006.37, relating to the requisition of state-adopted 184 materials from the depository under contract with the publisher, 185 and s. 1006.40(3)(a), relating to the use of 50 percent of the 186 instructional materials allocation. 187 12. This section. 188 (4) STATUTORY WAIVERS.— 189 (a) The State Board of Education may enter into a 190 performance contract with a school district for the purpose of 191 providing a statutory waiver, upon the school district’s 192 request, with the intent of continuing significant improvements 193 in student achievement through a variety of means. A school 194 district, upon a super majority vote by the district school 195 board, may apply for a waiver from any statute for a period up 196 to 3 years after the date upon which the Commissioner of 197 Education and the State Board of Education approve the waiver. A 198 school district shall submit an application for each waiver 199 request to the commissioner and the State Board of Education 200 which must include the purpose for making the request, the goal 201 or goals to be achieved by the waiver, and supporting evidence 202 or other documentation outlining the impact if the waiver is 203 approved or disapproved. Each waiver request must contain a 204 statement indicating how the waiver would enhance instructional 205 programs or provide for greater efficiency or efficacy in school 206 district operations. A waiver may be requested at any point 207 during a fiscal year. The commissioner and the State Board of 208 Education shall consider a waiver request in a timely manner 209 after receiving the request. 210 (b) A school district that requests a waiver may be granted 211 a waiver from any statute governing school and school district 212 operations and policies if the commissioner and the State Board 213 of Education agree that the waiver will assist the school 214 district in maintaining or improving its academic or fiscal 215 performance status. However, the commissioner and the State 216 Board of Education may not issue a waiver from statutes: 217 1. Pertaining to the provision of services to students with 218 disabilities. 219 2. Pertaining to civil rights, including s. 1000.05, 220 relating to discrimination. 221 3. Pertaining to student health, safety, and welfare. 222 4. Governing the election, duties, and responsibilities of 223 district school board members. 224 5. Governing the election or appointment of and duties and 225 responsibilities of the district school superintendent. 226 6. Pertaining to the student assessment program and the 227 school grading system, including chapter 1008. 228 (c) In addition, any school district receiving one or more 229 waivers shall comply with: 230 1. Section 286.011, relating to public meetings and 231 records, public inspection, and criminal and civil penalties. 232 2. Those statutes pertaining to public records, including 233 chapter 119. 234 3. Those statutes pertaining to financial disclosure by 235 elected officials. 236 4. Those statutes pertaining to conflicts of interest by 237 elected officials. 238 (5) GOVERNING BOARD.—The governing board of a school 239 district shall be the duly elected district school board. 240 (6) ANNUAL REPORT.—By January 15, 2013, and each year 241 thereafter, each school district shall submit an annual report 242 to the Governor, the President of the Senate, the Speaker of the 243 House of Representatives, and the State Board of Education. The 244 report must contain the strategies that the school district used 245 to implement the provisions of this section and the results of 246 student performance evaluations and district operational 247 efficiency programs. 248 Section 2. This act shall take effect July 1, 2012.