Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 862
       
       
       
       
       
                                Barcode 740566                          
       
       576-04159-13                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Education)
    1                        A bill to be entitled                      
    2         An act relating to parent empowerment in education;
    3         amending s. 1001.10, F.S.; conforming a cross
    4         reference; amending s. 1002.20, F.S.; providing that
    5         parents who have a student in a public school that is
    6         implementing a turnaround option may petition to have
    7         a particular turnaround option implemented; requiring
    8         the school district to notify parents of a public
    9         school student being taught by an out-of-field teacher
   10         or by a teacher with an unsatisfactory performance
   11         rating; specifying requirements for the notice;
   12         amending s. 1002.32, F.S.; conforming a cross
   13         reference; amending s. 1002.33, F.S.; requiring a
   14         charter school to comply with certain procedures for
   15         the assignment of teachers; creating s. 1003.07, F.S.;
   16         creating the Parent Empowerment Act; specifying what
   17         constitutes an eligible student and a parental vote;
   18         requiring that a school district send a written notice
   19         to parents of public school students regarding the
   20         parents’ options to petition the school for a
   21         particular turnaround option; requiring the notice to
   22         include certain information; authorizing up to one
   23         parental vote per eligible student; establishing the
   24         process to solicit signatures for a petition;
   25         prohibiting a person from being paid for signatures;
   26         prohibiting a for-profit corporation, business, or
   27         entity from soliciting signatures or paying a person
   28         to solicit signatures; establishing criteria to verify
   29         the signatures on a petition; requiring the State
   30         Board of Education to adopt rules for filing a
   31         petition; specifying that a petition is valid if it is
   32         signed and dated by a majority of the parents of
   33         eligible students and those signatures are verified;
   34         requiring the school district to consider the
   35         turnaround option on the valid petition with the most
   36         signatures at a publicly noticed school board meeting;
   37         requiring the district school board to implement a
   38         turnaround option; requiring the district school board
   39         to complete a report under certain circumstances;
   40         providing report requirements; providing that the
   41         turnaround option selected by the district school
   42         board is final and conclusive; providing that the
   43         turnaround option is no longer required if the school
   44         improves by at least one letter grade; amending s.
   45         1008.33, F.S.; authorizing a parent to petition the
   46         school district to implement a turnaround option
   47         selected by the parent; amending s. 1012.2315, F.S.;
   48         providing for assistance to teachers teaching out-of
   49         field; requiring the school district to notify parents
   50         and inform them of their options if a student is being
   51         taught by an out-of-field teacher; providing that a
   52         student may not be assigned to a teacher with a
   53         performance evaluation rating of less than effective
   54         for a specified number of consecutive school years;
   55         authorizing the parent of a student to consent to the
   56         assignment of that student to a teacher with a
   57         performance evaluation rating of less than effective
   58         under certain circumstances; repealing s. 1012.42,
   59         F.S., relating to teachers who are teaching out-of
   60         field; providing an effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Subsection (3) of section 1001.10, Florida
   65  Statutes, is amended to read:
   66         1001.10 Commissioner of Education; general powers and
   67  duties.—
   68         (3) To facilitate innovative practices and to allow local
   69  selection of educational methods, the State Board of Education
   70  may authorize the commissioner to waive, upon the request of a
   71  district school board, rules of the State Board of Education
   72  relating rules that relate to district school instruction and
   73  school operations, except those rules pertaining to civil
   74  rights, and student health, safety, and welfare. The
   75  commissioner of Education is not authorized to grant waivers for
   76  any provisions in rule pertaining to the allocation and
   77  appropriation of state and local funds for public education; the
   78  election, compensation, and organization of school board members
   79  and superintendents; graduation and state accountability
   80  standards; financial reporting requirements; reporting of out
   81  of-field teaching assignments under s. 1012.2315 s. 1012.42;
   82  public meetings; public records; or due process hearings
   83  governed by chapter 120. No later than January 1 of each year,
   84  the commissioner shall report to the Legislature and the State
   85  Board of Education all approved waiver requests in the preceding
   86  year.
   87         Section 2. Paragraph (d) is added to subsection (21) of
   88  section 1002.20, Florida Statutes, and subsection (25) is added
   89  to that section, to read:
   90         1002.20 K-12 student and parent rights.—Parents of public
   91  school students must receive accurate and timely information
   92  regarding their child’s academic progress and must be informed
   93  of ways they can help their child to succeed in school. K-12
   94  students and their parents are afforded numerous statutory
   95  rights including, but not limited to, the following:
   96         (21) PARENTAL INPUT AND MEETINGS.—
   97         (d) Parent empowerment.—Parents of students who are
   98  assigned to a public school that is required to implement a
   99  turnaround option pursuant to s. 1008.33 may submit a petition
  100  to the school district requesting implementation of a turnaround
  101  option pursuant to s. 1003.07.
  102         (25) ASSIGNMENT TO TEACHERS.—
  103         (a) Out-of-field classroom teachers.—Each school district
  104  shall annually notify the parent of a public school student who
  105  is assigned to a classroom teacher teaching out-of-field. The
  106  notice must inform the parent that virtual instruction from a
  107  certified in-field teacher having an annual performance
  108  evaluation rating of “effective” or “highly effective” is
  109  available pursuant to s. 1012.2315(5).
  110         (b) Underperforming classroom teachers.—Each school
  111  district shall annually notify the parent of a public school
  112  student assigned to a classroom teacher or school administrator
  113  who, under s. 1012.34, has two consecutive annual performance
  114  evaluation ratings of “unsatisfactory,” two annual performance
  115  evaluation ratings of “unsatisfactory within a 3-year period,”
  116  or three consecutive annual performance evaluation ratings of
  117  “needs improvement” or a combination of “needs improvement” and
  118  “unsatisfactory.” The notice must inform the parent that virtual
  119  instruction from a teacher who has an annual performance
  120  evaluation rating of “effective” or “highly effective” is
  121  available pursuant to s. 1012.2315(7).
  122         Section 3. Paragraph (c) of subsection (7) of section
  123  1002.32, Florida Statutes, is amended to read:
  124         1002.32 Developmental research (laboratory) schools.—
  125         (7) PERSONNEL.—
  126         (c) Lab school faculty members shall meet the certification
  127  requirements of s. 1012.32 ss. 1012.32 and 1012.42.
  128         Section 4. Paragraph (b) of subsection (16) of section
  129  1002.33, Florida Statutes, is amended to read:
  130         1002.33 Charter schools.—
  131         (16) EXEMPTION FROM STATUTES.—
  132         (b) Additionally, a charter school shall comply be in
  133  compliance with the following statutes:
  134         1. Section 286.011, relating to public meetings and
  135  records, public inspection, and criminal and civil penalties.
  136         2. Chapter 119, relating to public records.
  137         3. Section 1003.03, relating to the maximum class size,
  138  except that the calculation for compliance pursuant to s.
  139  1003.03 must shall be the average at the school level.
  140         4. Section 1012.22(1)(c), relating to compensation and
  141  salary schedules.
  142         5. Section 1012.33(5), relating to workforce reductions.
  143         6. Section 1012.335, relating to contracts with
  144  instructional personnel hired on or after July 1, 2011.
  145         7. Section 1012.34, relating to the substantive
  146  requirements for performance evaluations for instructional
  147  personnel and school administrators.
  148         8. Section 1012.2315(5) and (7), relating to the assignment
  149  of teachers and notification to parents.
  150         Section 5. Section 1003.07, Florida Statutes, is created to
  151  read:
  152         1003.07 Parent empowerment.—
  153         (1) This section may be cited as the “Parent Empowerment
  154  Act.”
  155         (2) As used in this section, the term:
  156         (a) “Eligible student” means a student enrolled in a school
  157  in which a turnaround option will be implemented or a student
  158  who, under the school district’s enrollment policy, is scheduled
  159  for assignment to that school the following school year. A
  160  student who is graduating or being promoted out of a school that
  161  is eligible for a turnaround option and who will not be enrolled
  162  in that school the following school year is not an eligible
  163  student.
  164         (b) “Parental vote” means the signature of one parent of an
  165  eligible student.
  166         1. If the other parent objects in writing to the parental
  167  vote before the date the petition is scheduled to be submitted,
  168  and if the parents have equal parental rights, the parental vote
  169  counts for one-half of a vote.
  170         2. If one parent has sole parental responsibility or holds
  171  the right to make educational decisions for the student pursuant
  172  to s. 61.13, only that parent can vote regarding the eligible
  173  student.
  174         (3) Each school district shall notify, in writing, the
  175  parents of eligible students and the school advisory council
  176  when a public school has earned a school grade of “F” and is
  177  required to select a turnaround option pursuant to s. 1008.33.
  178  The written notice must inform parents that, before the district
  179  school board selects a turnaround option, parents may petition
  180  for implementation of a particular turnaround option pursuant to
  181  s. 1008.33. The notice must be provided to parents within 30
  182  calendar days after the school district receives notice from the
  183  department that the school is required to select a turnaround
  184  option. The notice must include:
  185         (a) A description of each turnaround option available for
  186  selection under s. 1008.33;
  187         (b) A description of the process for implementing a
  188  turnaround option, including the date by which the school
  189  district must submit its implementation plan to the State Board
  190  of Education;
  191         (c) The date and location for submission of the petition;
  192         (d) The date and location of the publicly noticed district
  193  school board meeting required in this section at which the
  194  school board will consider the available turnaround options; and
  195         (e) The contact information of the district school board.
  196         (4) A person who solicits signatures may not offer monetary
  197  compensation, a promise of employment, or any other reward to a
  198  parent for signing a petition. A person who solicits signatures
  199  may not be paid per signature and, if asked, must disclose the
  200  organization he or she represents. A for-profit corporation,
  201  business, or entity is prohibited from gathering signatures or
  202  paying others to solicit signatures.
  203         (5) The State Board of Education shall adopt rules to
  204  establish a petition format, the petition submission process,
  205  standards for verifying signatures, and timeframes for the
  206  verification and consideration of a petition at a publicly
  207  noticed meeting. Petition forms must be easily accessible to
  208  parents. Each petition form must clearly identify only one
  209  turnaround option on the front page of the petition and on each
  210  page thereafter. The school district shall provide clear
  211  instructions and a sample petition form for each turnaround
  212  option available for selection under s. 1008.33.
  213         (6) The petition process must provide that:
  214         (a) Parents of eligible students have at least 30 days
  215  after initial notification to gather petition signatures.
  216         (b) The school district shall verify signatures no more
  217  than 30 days after the date the petition is submitted.
  218         (c) The district school board may not meet sooner than 30
  219  days after the petition is submitted.
  220         (d) A submitted petition may list only one turnaround
  221  option identified in s. 1008.33 which is not currently being
  222  implemented at the school. A parent may sign more than one
  223  petition for a turnaround option.
  224         (e) A parent signature constitutes a certification that the
  225  parent has a present intention to enroll his or her child, who
  226  must be identified on the petition, if the turnaround option
  227  identified on the petition is selected. A school district may
  228  not reject a parent’s signature on a petition on the basis that
  229  the parent signed the petition before the initial notice.
  230         (f) The school district shall verify at least a majority of
  231  the signatures on the petition using existing student enrollment
  232  documentation or other records containing parent signatures. A
  233  school district may not reject a parent’s signature on a
  234  petition based on a lack of conformity to signatures in school
  235  records if the parent’s identity and signature can be easily
  236  validated with a photographic identification or a notarized
  237  signature verifying the identity of the signer, or by the
  238  personal knowledge of a school employee. The school district is
  239  not required to verify notarized signatures, and signatures
  240  verified outside an established verification period are valid.
  241         (g) For a petition to be valid, it must bear the dated
  242  signatures of a majority of the parents of eligible students.
  243  For purposes of this section, a majority is more than one-half
  244  of the parents who are eligible to sign the petition. Only one
  245  parental vote per eligible student may be counted with respect
  246  to each petition.
  247         (h) If valid petitions for more than one turnaround option
  248  are submitted, the petition having the most signatures is the
  249  official turnaround option selected by parents.
  250         (7) The turnaround option selected by parents must be
  251  considered for implementation by the school district at a
  252  publicly noticed district school board meeting. The district
  253  school board may adopt the turnaround option selected by parents
  254  or a different turnaround option selected by the district school
  255  board. The district school board shall consider and implement
  256  one of the turnaround options set forth in s. 1008.33(4)(b). If
  257  the district school board adopts a turnaround option that is
  258  different from the turnaround option selected by parents, it
  259  shall set forth in a report a detailed explanation of the
  260  reasons it has not adopted the parents’ suggested turnaround
  261  option and set forth the reasons for the plan it has adopted.
  262  The turnaround option selected by the district school board
  263  shall be final and conclusive. If the school improves by at
  264  least one letter grade, implementation of a turnaround option is
  265  no longer required in accordance with s. 1008.33(4)(d).
  266         Section 6. Subsection (4) of section 1008.33, Florida
  267  Statutes, is amended to read:
  268         1008.33 Authority to enforce public school improvement.—
  269         (4)(a) The state board shall apply the most intense
  270  intervention and support strategies to schools earning a grade
  271  of “F.” In the first full school year after a school initially
  272  earns a grade of “F,” the school district must implement
  273  intervention and support strategies prescribed in rule under
  274  paragraph (3)(c), select a turnaround option from those provided
  275  in subparagraphs (b)1.-5., and submit a plan for implementing
  276  the turnaround option to the department for approval by the
  277  state board. Upon approval by the state board, the turnaround
  278  option must be implemented in the following school year.
  279         (b) Except as provided in subsection (5), the turnaround
  280  options available to a school district to address a school that
  281  earns a grade of “F” are:
  282         1. Convert the school to a district-managed turnaround
  283  school;
  284         2. Reassign students to another school and monitor the
  285  progress of each reassigned student;
  286         3. Close the school and reopen the school as one or more
  287  charter schools, each with a governing board that has a
  288  demonstrated record of effectiveness;
  289         4. Contract with an outside entity that has a demonstrated
  290  record of effectiveness to operate the school; or
  291         5. Implement a hybrid of turnaround options set forth in
  292  subparagraphs 1.-4. or other turnaround models that have a
  293  demonstrated record of effectiveness.
  294         (c) Parents of students who are assigned to a public school
  295  that is required by the State Board of Education to implement a
  296  turnaround option may petition the school district to implement
  297  one of the turnaround options in paragraph (b) selected by the
  298  parents pursuant to s. 1003.07.
  299         (d)(c) Except for schools required to implement a
  300  turnaround option pursuant to subsection (5), a school earning a
  301  grade of “F” shall have a planning year followed by 2 full
  302  school years to implement the initial turnaround option selected
  303  by the school district and approved by the state board.
  304  Implementation of the turnaround option is no longer required if
  305  the school improves by at least one letter grade.
  306         (e)(d) A school earning a grade of “F” that improves its
  307  letter grade must continue to implement strategies identified in
  308  its school improvement plan pursuant to s. 1001.42(18)(a). The
  309  department must annually review implementation of the school
  310  improvement plan for 3 years to monitor the school’s continued
  311  improvement.
  312         (f)(e) If a school earning a grade of “F” does not improve
  313  by at least one letter grade after 2 full school years of
  314  implementing the turnaround option selected by the school
  315  district under paragraph (b), the school district must select a
  316  different option and submit another implementation plan to the
  317  department for approval by the state board. Implementation of
  318  the approved plan must begin the school year following the
  319  implementation period of the existing turnaround option, unless
  320  the state board determines that the school is likely to improve
  321  a letter grade if additional time is provided to implement the
  322  existing turnaround option.
  323         Section 7. Section 1012.2315, Florida Statutes, is amended
  324  to read:
  325         1012.2315 Assignment of teachers.—
  326         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  327  disparities between teachers assigned to teach in a majority of
  328  schools that do not need improvement and schools that do need
  329  improvement pursuant to s. 1008.33. The disparities may be found
  330  in the assignment of temporarily certified teachers, teachers in
  331  need of improvement, and out-of-field teachers and in the
  332  performance of the students. It is the intent of the Legislature
  333  that district school boards have flexibility through the
  334  collective bargaining process to assign teachers more equitably
  335  across the schools in the district.
  336         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—School
  337  districts may not assign a higher percentage than the school
  338  district average of temporarily certified teachers, teachers in
  339  need of improvement, or out-of-field teachers to schools graded
  340  “D” or “F” pursuant to s. 1008.34. Each school district shall
  341  annually certify to the commissioner of Education that this
  342  requirement has been met. If the commissioner determines that a
  343  school district is not in compliance with this subsection, the
  344  State Board of Education must shall be notified and shall take
  345  action pursuant to s. 1008.32 in the next regularly scheduled
  346  meeting to require compliance.
  347         (3) SALARY INCENTIVES.—District school boards may are
  348  authorized to provide salary incentives to meet the requirement
  349  of subsection (2). A district school board may not sign a
  350  collective bargaining agreement that precludes the school
  351  district from providing sufficient incentives to meet this
  352  requirement.
  353         (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
  354  chapter 447 relating to district school board collective
  355  bargaining, collective bargaining provisions may not preclude a
  356  school district from providing incentives to high-quality
  357  teachers and assigning such teachers to low-performing schools.
  358         (5) ASSISTANCE TO OUT-OF-FIELD TEACHERS.—
  359         (a) Each district school board shall adopt rules for
  360  administering an assistance plan for each classroom teacher who
  361  is teaching out-of-field. The assistance plan must provide
  362  teachers who are teaching out-of-field with priority
  363  consideration in professional development activities and require
  364  such teachers to participate in a certification or staff
  365  development program that provides the competencies required for
  366  the assigned duties. A school district may reimburse a teacher
  367  who is teaching out-of-field for a certification fee. The
  368  assistance plan must also include duties of administrative
  369  personnel and other instructional personnel for assisting a
  370  teacher who is teaching out-of-field.
  371         (b) The school district shall annually notify the parent of
  372  a student who is assigned to a classroom teacher teaching a
  373  subject matter that is:
  374         1. Outside the field in which the teacher is certified;
  375         2. Outside the field that was the teacher’s minor field of
  376  study; or
  377         3. Outside the field in which the teacher has demonstrated
  378  sufficient subject area expertise, as determined by district
  379  school board policy, in the subject area to be taught.
  380  
  381  The notice must inform the parent that virtual instruction from
  382  a certified in-field teacher who has an annual performance
  383  evaluation rating of “effective” or “highly effective” under s.
  384  1012.34 is available to his or her child through the virtual
  385  instruction options specified in s. 1002.321(4).
  386         (6)(5) REPORT.—
  387         (a) By July 1, 2012, the department of Education shall
  388  annually report on its website, in a manner that is accessible
  389  to the public, the performance rating data reported by district
  390  school boards under s. 1012.34. The report must include the
  391  percentage of classroom teachers, instructional personnel, and
  392  school administrators receiving each performance rating
  393  aggregated by school district and by school.
  394         (7) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
  395  EVALUATIONS.—
  396         (a)(b) Notwithstanding the provisions of s.
  397  1012.31(3)(a)2., each school district shall annually notify
  398  report to the parent of a any student who is assigned to a
  399  classroom teacher or school administrator having two consecutive
  400  annual performance evaluation ratings of unsatisfactory under
  401  s. 1012.34, two annual performance evaluation ratings of
  402  unsatisfactory within a 3-year period under s. 1012.34, or three
  403  consecutive annual performance evaluation ratings of needs
  404  improvement or a combination of needs improvement and
  405  unsatisfactory under s. 1012.34. The notice must inform the
  406  parent that virtual instruction from a teacher having a
  407  performance evaluation rating of “highly effective” or
  408  “effective” under s. 1012.34 is available to his or her child
  409  through the virtual instruction options specified in s.
  410  1002.321(4).
  411         (b) If a high school or middle school student is currently
  412  taught by a classroom teacher who, during that school year,
  413  receives a performance evaluation rating of “needs improvement”
  414  or “unsatisfactory” under s. 1012.34, the student may not be
  415  assigned the following school year to a classroom teacher in the
  416  same subject area who received a performance evaluation rating
  417  of “needs improvement” or “unsatisfactory” in the preceding
  418  school year.
  419         (c) If an elementary school student is currently taught by
  420  a classroom teacher who, during that school year, receives a
  421  performance evaluation rating of “needs improvement” or
  422  “unsatisfactory” under s. 1012.34, the student may not be
  423  assigned the following school year to a classroom teacher who
  424  received a performance evaluation rating of “needs improvement”
  425  or “unsatisfactory” in the preceding school year.
  426         (d) For a student enrolling in an extracurricular course as
  427  defined in s. 1003.01(15), a parent may choose to have the
  428  student taught by a teacher who received a performance
  429  evaluation of “needs improvement” or “unsatisfactory” in the
  430  preceding school year if the student and the student’s parent
  431  receive an explanation of the impact of teacher effectiveness on
  432  student learning and the principal receives written consent from
  433  the parent.
  434         Section 8. Section 1012.42, Florida Statutes, is repealed.
  435         Section 9. This act shall take effect July 1, 2013.