Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for SB 1642
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 4/AD/2R         .                                
             04/03/2014 05:38 PM       .                                

    1         Senate Amendment (with title amendment)
    3         Between lines 859 and 860
    4  insert:
    5         Section 10. Subsection (5) of section 1008.345, Florida
    6  Statutes, is amended to read:
    7         1008.345 Implementation of state system of school
    8  improvement and education accountability.—
    9         (5) The commissioner shall report to the Legislature and
   10  recommend changes in state policy necessary to foster school
   11  improvement and education accountability. The report shall
   12  include:
   13         (a) For each school district:
   14         1. The percentage of students, by school and grade level,
   15  demonstrating learning growth in English Language Arts and
   16  mathematics.
   17         2. The percentage of students, by school and grade level,
   18  in both the highest and lowest quartiles demonstrating learning
   19  growth in English Language Arts and mathematics.
   20         (b) Intervention and support strategies used by school
   21  boards whose students in both the highest and lowest quartiles
   22  exceed the statewide average learning growth for students in
   23  those quartiles.
   24         (c) Intervention and support strategies used by school
   25  boards whose schools provide educational services to youth in
   26  Department of Juvenile Justice programs that demonstrate
   27  learning growth in English Language Arts and mathematics that
   28  exceeds the statewide average learning growth for students in
   29  those subjects. Included in the report shall be a list of the
   30  schools, including schools operating for the purpose of
   31  providing educational services to youth in Department of
   32  Juvenile Justice programs, for which district school boards have
   33  developed intervention and support strategies and an analysis of
   34  the various strategies used by the school boards.
   36  School reports shall be distributed pursuant to this subsection
   37  and s. 1001.42(18)(b) and according to rules adopted by the
   38  State Board of Education.
   39         Section 11. Paragraph (a) of subsection (2) of section
   40  1011.64, Florida Statutes, is amended to read:
   41         1011.64 School district minimum classroom expenditure
   42  requirements.—
   43         (2) For the purpose of implementing the provisions of this
   44  section, the Legislature shall prescribe minimum academic
   45  performance standards and minimum classroom expenditure
   46  requirements for districts not meeting such minimum academic
   47  performance standards in the General Appropriations Act.
   48         (a) Minimum academic performance standards may be based on,
   49  but are not limited to, district grades determined pursuant to
   50  s. 1008.34 1008.34(7).
   51         Section 12. Subsection (6) of section 1008.22, Florida
   52  Statutes, is amended to read:
   53         1008.22 Student assessment program for public schools.—
   54         (6) LOCAL ASSESSMENTS.—
   55         (a) Measurement of student performance learning gains in
   56  all subjects and grade levels, except those subjects and grade
   57  levels measured under the statewide, standardized assessment
   58  program described in this section, is the responsibility of the
   59  school districts.
   60         (b) Except for those subjects and grade levels measured
   61  under the statewide, standardized assessment program, beginning
   62  with the 2014-2015 school year, each school district shall
   63  administer for each course offered in the district a local
   64  student assessment that measures student mastery of course the
   65  content, as described in the state-adopted course description,
   66  at the necessary level of rigor for the course. As adopted
   67  pursuant to State Board of Education rule, course content is set
   68  forth in the state standards required by s. 1003.41 and in the
   69  course description. Local Such assessments may include:
   70         1. Statewide assessments.
   71         2. Other standardized assessments, including nationally
   72  recognized standardized assessments.
   73         3. Industry certification assessments examinations.
   74         4. District-developed or district-selected end-of-course
   75  assessments.
   76         5. Teacher-selected or principal-selected assessments.
   77         (c) Each district school board must adopt policies for
   78  selection, development, administration, and scoring of local
   79  assessments and for collection of assessment results. Local
   80  assessments implemented under subparagraphs (b)4. and 5. may
   81  include a variety of assessment formats, including, but not
   82  limited to, project-based assessments, adjudicated performances,
   83  and practical application assignments. For all English Language
   84  Arts, mathematics, science, and social studies courses offered
   85  in the district that are used to meet graduation requirements
   86  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
   87  not otherwise assessed by statewide, standardized assessments,
   88  the district school board must select the assessments described
   89  in subparagraphs (b)1.-4.
   90         (d)(c) The Commissioner of Education shall identify methods
   91  to assist and support districts in the development and
   92  acquisition of assessments required under this subsection.
   93  Methods may include developing item banks, facilitating the
   94  sharing of developed tests among school districts, acquiring
   95  assessments from state and national curriculum-area
   96  organizations, and providing technical assistance in best
   97  professional practices of test development based upon state
   98  adopted curriculum standards, administration, and security.
   99         (e)(d) Each school district shall establish schedules for
  100  the administration of any district-mandated assessment and
  101  approve the schedules as an agenda item at a district school
  102  board meeting. The school district shall publish the testing
  103  schedules on its website, clearly specifying the district
  104  mandated assessments, and report the schedules to the Department
  105  of Education by October 1 of each year.
  106         Section 13. Subsections (1), (7), and (8) of section
  107  1012.34, Florida Statutes, are amended, and subsections (9) and
  108  (10) are added to that section, to read:
  109         1012.34 Personnel evaluation procedures and criteria.—
  111         (a) For the purpose of increasing student academic
  112  performance learning growth by improving the quality of
  113  instructional, administrative, and supervisory services in the
  114  public schools of the state, the district school superintendent
  115  shall establish procedures for evaluating the performance of
  116  duties and responsibilities of all instructional,
  117  administrative, and supervisory personnel employed by the school
  118  district. The district school superintendent shall provide
  119  instructional personnel the opportunity to review their class
  120  rosters for accuracy and to correct any mistakes. The district
  121  school superintendent shall annually report accurate class
  122  rosters for the purpose of calculating district and statewide
  123  student performance and annually report the evaluation results
  124  of instructional personnel and school administrators to the
  125  Department of Education in addition to the information required
  126  under subsection (5).
  127         (b) The department must approve each school district’s
  128  instructional personnel and school administrator evaluation
  129  systems. The department shall monitor each district’s
  130  implementation of its instructional personnel and school
  131  administrator evaluation systems for compliance with the
  132  requirements of this section.
  133         (c) Annually, by December 1, 2012, the Commissioner of
  134  Education shall report to the Governor, the President of the
  135  Senate, and the Speaker of the House of Representatives the
  136  approval and implementation status of each school district’s
  137  instructional personnel and school administrator evaluation
  138  systems. The report shall include performance evaluation results
  139  for the prior school year for instructional personnel and school
  140  administrators using the four levels of performance specified in
  141  paragraph (2)(e). The performance evaluation results for
  142  instructional personnel shall be disaggregated by classroom
  143  teachers, as defined in s. 1012.01(2)(a), excluding substitute
  144  teachers, and all other instructional personnel, as defined in
  145  s. 1012.01(2)(b)–(d). The commissioner shall include in the
  146  report each district’s performance-level standards established
  147  under subsection (7), a comparative analysis of the district’s
  148  student academic performance results and evaluation results,
  149  data reported under s. 1012.341, continue to report, by December
  150  1 each year thereafter, each school district’s performance
  151  evaluation results and the status of any evaluation system
  152  revisions requested by a school district pursuant to subsection
  153  (6).
  155         (a) By June 1, 2011, The Commissioner of Education shall
  156  approve a formula to measure individual student learning growth
  157  on the statewide, standardized assessments in English Language
  158  Arts and mathematics on the Florida Comprehensive Assessment
  159  Test (FCAT) administered under s. 1008.22 1008.22(3)(c)1. The
  160  formula must take into consideration each student’s prior
  161  academic performance. The formula must not set different
  162  expectations for student learning growth based upon a student’s
  163  gender, race, ethnicity, or socioeconomic status. In the
  164  development of the formula, the commissioner shall consider
  165  other factors such as a student’s attendance record, disability
  166  status, or status as an English language learner. The
  167  commissioner shall select additional formulas as appropriate for
  168  the remainder of the statewide assessments included under s.
  169  1008.22 and continue to select formulas as new assessments are
  170  implemented in the state system. After the commissioner approves
  171  the formula to measure individual student learning growth on the
  172  FCAT and as additional formulas are selected by the commissioner
  173  for new assessments implemented in the state system, the State
  174  Board of Education shall adopt these formulas in by rule.
  175         (b) Beginning in the 2011-2012 school year, Each school
  176  district shall measure student learning growth using the
  177  formulas formula approved by the commissioner under paragraph
  178  (a) for courses associated with the statewide, standardized
  179  assessments administered FCAT. Each school district shall
  180  implement the additional student learning growth measures
  181  selected by the commissioner under paragraph (a) for the
  182  remainder of the statewide assessments included under s. 1008.22
  183  no later than the school year immediately following the year the
  184  formula is approved by the commissioner as they become
  185  available. Beginning in the 2014-2015 school year, For grades
  186  and subjects not assessed by statewide, standardized assessments
  187  but otherwise assessed as required under s. 1008.22(6)
  188  1008.22(8), each school district shall measure performance of
  189  students student learning growth using a methodology determined
  190  by the district an equally appropriate formula. The department
  191  shall provide models for measuring performance of students
  192  student learning growth which school districts may adopt.
  193         (c) For a course that is not measured by a statewide,
  194  standardized assessment, a school district may request, through
  195  the evaluation system approval process, to use a student’s
  196  student achievement level measure rather than a student learning
  197  growth measure if achievement is demonstrated to be a more
  198  appropriate measure of classroom teacher performance. A school
  199  district may also request to use a combination of student
  200  learning growth and achievement, if appropriate.
  201         (d) For If the student learning growth in a course that is
  202  not measured by a statewide, standardized assessment but is
  203  measured by a school district assessment, a school district may
  204  request, through the evaluation system approval process, that
  205  the performance evaluation for the classroom teacher assigned to
  206  that course include the learning growth of his or her students
  207  on one or more statewide, standardized assessments FCAT Reading
  208  or FCAT Mathematics. The request must clearly explain the
  209  rationale supporting the request. However, the classroom
  210  teacher’s performance evaluation must give greater weight to
  211  student learning growth on the district assessment.
  212         (e) For purposes of this section and only for the 2014-2015
  213  school year, a school district may use measurable learning
  214  targets on local assessments administered under s. 1008.22(6) to
  215  evaluate the performance of students portion of a classroom
  216  teacher’s evaluation for courses that are not assessed by
  217  statewide, standardized assessments. classroom teachers of
  218  courses for which the district has not implemented appropriate
  219  assessments under s. 1008.22(8) or for which the school district
  220  has not adopted an equally appropriate measure of student
  221  learning growth under paragraphs (b)-(d), student learning
  222  growth must be measured by the growth in learning of the
  223  classroom teacher’s students on statewide assessments, or, for
  224  courses in which enrolled students do not take the statewide
  225  assessments, measurable Learning targets must be established
  226  based upon the goals of the school improvement plan and approved
  227  by the school principal. A district school superintendent may
  228  assign to instructional personnel in an instructional team the
  229  student learning growth of the instructional team’s students on
  230  statewide assessments. This paragraph expires July 1, 2015.
  231         (8) RULEMAKING.—The State Board of Education shall adopt
  232  rules pursuant to ss. 120.536(1) and 120.54 which establish
  233  uniform procedures for the submission, review, and approval of
  234  district evaluation systems and reporting requirements for the
  235  annual evaluation of instructional personnel and school
  236  administrators; specific, discrete standards for each
  237  performance level required under subsection (2) to ensure clear
  238  and sufficient differentiation in the performance levels and to
  239  provide consistency in meaning across school districts; the
  240  measurement of student learning growth and associated
  241  implementation procedures required under subsection (7); a
  242  process to permit instructional personnel to review the class
  243  roster for accuracy and to correct any mistakes relating to the
  244  identity of students for whom the individual is responsible; and
  245  a process for monitoring school district implementation of
  246  evaluation systems in accordance with this section.
  247  Specifically, the rules shall establish a student performance
  248  levels learning growth standard that if not met will result in
  249  the employee receiving an unsatisfactory performance evaluation
  250  rating. In like manner, the rules shall establish a student
  251  performance level learning growth standard that must be met in
  252  order for an employee to receive a highly effective rating and a
  253  student learning growth standard that must be met in order for
  254  an employee to receive an effective rating.
  256  Standards for each performance level required under subsection
  257  (2) shall be established by the State Board of Education
  258  beginning with the 2015-2016 school year.
  260  EVALUATION PROGRESS.—School districts are eligible for bonus
  261  rewards as provided for in the 2014 General Appropriations Act
  262  for making outstanding progress toward educator effectiveness,
  263  including implementation of instructional personnel salaries
  264  based on performance results under s. 1012.34 and the use of
  265  local assessment results in personnel evaluations when
  266  statewide, standardized assessments are not administered.
  267         Section 14. Section 1012.341, Florida Statutes, is amended
  268  to read:
  269         1012.341 Exemption from performance evaluation system and
  270  compensation and salary schedule requirements.—
  271         (1) Hillsborough County Notwithstanding any other provision
  272  of this act, a School District that received an exemption under
  273  Florida’s Race to the Top Memorandum of Understanding for Phase
  274  2, as provided in s. (D)(2)(ii) of the memorandum. Accordingly,
  275  notwithstanding any other provision of law, Hillsborough County
  276  School District, is allowed to base 40 percent, instead of 50
  277  percent, of instructional personnel and school administrator
  278  performance evaluations upon student performance learning growth
  279  under s. 1012.34, as amended by this act. The school district is
  280  also exempt from the amendments to s. 1012.22(1)(c) made by
  281  chapter 2011-1, Laws of Florida this act. The exemptions
  282  described in this subsection are effective beginning with for
  283  the 2011-2012 school year and until the expiration of this
  284  section are effective for each school year thereafter if the
  285  school district receives annual approval by the State Board of
  286  Education.
  287         (2) By October 1, 2014, and by October 1 annually
  288  thereafter, the superintendent of Hillsborough County School
  289  District shall attest, in writing, to the Commissioner of
  290  Education that The State Board of Education shall base its
  291  approval upon demonstration by the school district of the
  292  following:
  293         (a) The instructional personnel and school administrator
  294  evaluation systems base at least 40 percent of an employee’s
  295  performance evaluation upon student performance and that student
  296  performance is the single greatest component of an employee’s
  297  evaluation.
  298         (b) The instructional personnel and school administrator
  299  evaluation systems adopt the Commissioner of Education’s student
  300  learning growth formula for statewide assessments as provided
  301  under s. 1012.34(7).
  302         (c) The school district’s instructional personnel and
  303  school administrator compensation system awards salary increases
  304  based upon sustained student performance.
  305         (d) The school district’s contract system awards
  306  instructional personnel and school administrators based upon
  307  student performance and removes ineffective employees.
  308         (e) Beginning with the 2014-2015 school year and each
  309  school year thereafter, student learning growth based upon
  310  performance on statewide assessments under s. 1008.22 must have
  311  significantly improved compared to student learning growth in
  312  the district in 2011-2012 and significantly improved compared to
  313  other school districts.
  314         (3) Failure to comply with subsection (2) is grounds for
  315  the State Board of Education, at a public hearing, to revoke the
  316  exemption The State Board of Education shall annually renew a
  317  school district’s exemptions if the school district demonstrates
  318  that it meets the requirements of subsection (2). If the
  319  exemptions are not renewed, the school district must comply with
  320  the requirements and laws described in subsection (1) by the
  321  beginning of the next school year immediately following the loss
  322  of the exemptions.
  323         (4) The State Board of Education shall adopt rules pursuant
  324  to ss. 120.536(1) and 120.54 to establish the procedures for
  325  applying for the exemptions and the criteria for renewing the
  326  exemptions.
  328         This section is shall be repealed August 1, 2017, unless
  329  reviewed and reenacted by the Legislature.
  331  ================= T I T L E  A M E N D M E N T ================
  332  And the title is amended as follows:
  333         Delete line 31
  334  and insert:
  335         State Board of Education to adopt rules; amending s.
  336         1008.345, F.S.; revising the contents of the
  337         Commissioner of Education's report on school
  338         improvement and education accountability to include
  339         student learning growth information and intervention
  340         and support strategies; amending s. 1011.64, F.S.;
  341         correcting a cross-reference; amending s. 1008.22,
  342         F.S.; authorizing use of teacher-selected or principal
  343         selected assessments as a form of local assessment;
  344         requiring a district school board to adopt policies
  345         relating to selection, development, administration,
  346         and scoring of local assessments; amending s. 1012.34,
  347         F.S.; providing information to be included in annual
  348         reports on the approval and implementation status of
  349         school district personnel evaluation systems; revising
  350         provisions relating to the measurement of student
  351         learning growth for purposes of personnel evaluation;
  352         conforming State Board of Education rulemaking
  353         relating to performance evaluations; providing for
  354         transition to new statewide, standardized assessments;
  355         authorizing bonus rewards to school districts for
  356         progress toward educator effectiveness; amending s.
  357         1012.341, F.S.; removing rulemaking authority and
  358         establishing a compliance verification process for the
  359         exemption from performance evaluation system,
  360         compensation, and salary schedule requirements;
  361         providing an