Florida Senate - 2013 CS for CS for SB 980
By the Committees on Appropriations; and Education; and Senator
Flores
576-04897-13 2013980c2
1 A bill to be entitled
2 An act relating to education; providing requirements
3 for measuring student performance in instructional
4 personnel and school administrator performance
5 evaluations; providing requirements for the
6 performance evaluation of personnel for purposes of
7 the performance salary schedule; amending s. 1008.22,
8 F.S.; requiring each school district to establish and
9 approve testing schedules for district-mandated
10 assessments and publish the schedules on its website;
11 requiring reporting of the schedules to the Department
12 of Education; amending s. 1012.2315, F.S.; prohibiting
13 a student from being assigned in a classroom in the
14 following school year to a teacher who received a
15 performance evaluation rating of “needs improvement”
16 or “unsatisfactory” in the preceding school year under
17 certain circumstances; authorizing a parent to choose
18 to have a student who is enrolling in an
19 extracurricular course that is taught by a teacher who
20 received a performance evaluation of “needs
21 improvement” or “unsatisfactory” in the preceding
22 school year under certain circumstances; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Notwithstanding any provision to the contrary in
28 ss. 1012.22 and 1012.34, Florida Statutes, regarding the
29 performance salary schedule and personnel evaluation procedures
30 and criteria:
31 (1) At least 50 percent of a classroom teacher’s or school
32 administrator’s performance evaluation, or 40 percent if less
33 than 3 years of student performance data are available, shall be
34 based upon learning growth or achievement of the teacher’s
35 students or, for a school administrator, the students attending
36 that school; the remaining portion shall be based upon factors
37 identified in district-determined, state-approved evaluation
38 system plans. Student achievement measures for courses
39 associated with statewide assessments may be used only if a
40 statewide growth formula has not been approved for that
41 assessment or, for courses associated with school district
42 assessments, if achievement is demonstrated to be a more
43 appropriate measure of teacher performance.
44 (2) The student performance data used in the performance
45 evaluation of nonclassroom instructional personnel shall be
46 based on student outcome data that reflects the actual
47 contribution of such personnel to the performance of the
48 students assigned to the individual in the individual’s areas of
49 responsibility.
50 (3) For purposes of the performance salary schedule in s.
51 1012.22, Florida Statutes, the student assessment data in the
52 performance evaluation must be from statewide assessments or
53 district-determined assessments as required in s. 1008.22(8),
54 Florida Statutes, in the subject areas taught.
55 Section 2. Paragraph (d) is added to subsection (8) of
56 section 1008.22, Florida Statutes, to read:
57 1008.22 Student assessment program for public schools.—
58 (8) LOCAL ASSESSMENTS.—
59 (d) Each school district shall establish schedules for the
60 administration of any district-mandated assessment and approve
61 the schedules as an agenda item at a district school board
62 meeting. The school district shall publish the testing schedules
63 on its website, clearly specifying the district-mandated
64 assessments, and report the schedules to the Department of
65 Education by October 1 of each year.
66 Section 3. Subsection (6) is added to section 1012.2315,
67 Florida Statutes, to read:
68 1012.2315 Assignment of teachers.—
69 (6) ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE
70 EVALUATIONS.—
71 (a) If a high school or middle school student is currently
72 taught by a classroom teacher who, during the current school
73 year, receives a performance evaluation rating of “needs
74 improvement” or “unsatisfactory” under s. 1012.34, the student
75 may not be assigned in the next school year to a classroom
76 teacher in the same subject area who received a performance
77 evaluation rating of “needs improvement” or “unsatisfactory” in
78 the preceding school year.
79 (b) If an elementary school student is currently taught by
80 a classroom teacher who, during the current school year,
81 receives a performance evaluation rating of “needs improvement”
82 or “unsatisfactory” under s. 1012.34, the student may not be
83 assigned in the next school year to a classroom teacher who
84 received a performance evaluation rating of “needs improvement”
85 or “unsatisfactory” in the preceding school year.
86 (c) For a student enrolling in an extracurricular course as
87 defined in s. 1003.01, a parent may choose to have the student
88 taught by a teacher who received a performance evaluation of
89 “needs improvement” or “unsatisfactory” in the preceding school
90 year if the student and the student’s parent receive an
91 explanation of the impact of teacher effectiveness on student
92 learning and the principal receives written consent from the
93 parent.
94 Section 4. This act shall take effect July 1, 2013.