Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 950
Ì3184648Î318464
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/11/2014 .
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1 Senate Amendment (with title amendment)
2
3 Between lines 15 and 16
4 insert:
5 Section 1. Subsections (2) and (4) of section 1012.2315,
6 Florida Statutes, are amended to read:
7 1012.2315 Assignment of teachers.—
8 (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
9 (a) A school district districts may not assign a higher
10 percentage than the school district average of temporarily
11 certified teachers, teachers in need of improvement, or out-of
12 field teachers to schools graded “D” or “F” pursuant to s.
13 1008.34.
14 (b) Beginning July 1, 2014, a school district may assign
15 newly hired instructional personnel to a school that has earned
16 a grade of “F” in the previous year or any combination of three
17 consecutive grades of “D” or “F” in the previous 3 years
18 pursuant to s. 1008.34 if the newly hired instructional
19 personnel:
20 1. Have received an effective rating or highly effective
21 rating in the immediate prior year’s performance evaluation
22 pursuant s. 1012.34;
23 2. Have successfully completed a professional education
24 training program provided by Teach for America, hold a
25 professional certificate issued pursuant to s. 1012.56, and hold
26 a probationary contract pursuant to s. 1012.335(2)(a); or
27 3. Are recommended by the district school superintendent to
28 teach in such school, hold a professional certificate issued
29 pursuant to s. 1012.56, and hold a probationary contract
30 pursuant to s. 1012.335(2)(a).
31
32 Each school district shall annually certify to the Commissioner
33 of Education that the requirements in this subsection have this
34 requirement has been met. If the commissioner determines that a
35 school district is not in compliance with this subsection, the
36 State Board of Education shall be notified and shall take action
37 pursuant to s. 1008.32 in the next regularly scheduled meeting
38 to require compliance.
39 (4) COLLECTIVE BARGAINING.—Notwithstanding provisions of
40 chapter 447 relating to district school board collective
41 bargaining, collective bargaining provisions may not preclude a
42 school district from providing incentives to high-quality
43 teachers and assigning such teachers to low-performing schools.
44 However, collective bargaining provisions relating to
45 instructional personnel may include the assignment of newly
46 hired personnel to a school that has earned a grade of “F” in
47 the previous year or any combination of three consecutive grades
48 of “D” or “F” in the previous 3 years pursuant to s. 1008.34 if
49 the newly hired instructional personnel:
50 (a) Have received an effective rating or highly effective
51 rating in the immediate prior year’s performance evaluation
52 under s. 1012.34;
53 (b) Have successfully completed a professional education
54 training program provided by Teach for America, hold a
55 professional certificate issued pursuant to s. 1012.56, and hold
56 a probationary contract pursuant to s. 1012.335(2)(a); or
57 (c) Are recommended by the district school superintendent
58 to teach in such school, hold a professional certificate issued
59 pursuant to s. 1012.56, and hold a probationary contract
60 pursuant to s. 1012.335(2)(a).
61 Section 2. Subsection (1) of section 1012.27, Florida
62 Statutes, is amended to read:
63 1012.27 Public school personnel; powers and duties of
64 district school superintendent.—The district school
65 superintendent is responsible for directing the work of the
66 personnel, subject to the requirements of this chapter, and in
67 addition the district school superintendent shall perform the
68 following:
69 (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
70 (a) Recommend to the district school board duties and
71 responsibilities which need to be performed and positions which
72 need to be filled to make possible the development of an
73 adequate school program in the district.
74 (b) Recommend minimum qualifications of personnel for these
75 various positions, and nominate in writing persons to fill such
76 positions.
77
78 The district school superintendent’s recommendations for filling
79 instructional positions at the school level must consider
80 nominations received from school principals of the respective
81 schools. The district school superintendent may assign an
82 individual newly hired as instructional personnel to a school
83 that has earned a grade of “F” in the previous year or any
84 combination of three consecutive grades of “D” or “F” in the
85 previous 3 years pursuant to s. 1008.34 if the individual holds
86 a probationary contract pursuant to s. 1012.335(2)(a), holds a
87 professional certificate issued pursuant to s. 1012.56, and has
88 successful teaching experience and if, in the judgment of the
89 school principal, students would benefit from the placement of
90 that individual. Before transferring a teacher who holds a
91 professional teaching certificate from one school to another,
92 the district school superintendent shall consult with the
93 principal of the receiving school and allow the principal to
94 review the teacher’s records, including student performance
95 demonstrated under s. 1012.34, and interview the teacher. If, in
96 the judgment of the principal, students would not benefit from
97 the placement, an alternative placement may be sought. A
98 principal may refuse the placement in accordance with s.
99 1012.28(6).
100 Section 3. Paragraph (a) of subsection (2) of section
101 1012.335, Florida Statutes, is amended to read:
102 1012.335 Contracts with instructional personnel hired on or
103 after July 1, 2011.—
104 (2) EMPLOYMENT.—
105 (a)1. Beginning July 1, 2011, each individual newly hired
106 as instructional personnel by the district school board shall be
107 awarded a probationary contract. Upon successful completion of
108 the probationary contract, the district school board may award
109 an annual contract pursuant to paragraph (c).
110 2. Beginning July 1, 2014, a school district may assign
111 newly hired instructional personnel to a school that has earned
112 a grade of “F” in the previous year or any combination of three
113 consecutive grades of “D” or “F” in the previous 3 years
114 pursuant to s. 1008.34 if the newly hired instructional
115 personnel:
116 a. Have received an effective rating or highly effective
117 rating in the immediate prior year’s performance evaluation
118 under s. 1012.34;
119 b. Have successfully completed a professional education
120 training program provided by Teach for America, hold a
121 professional certificate issued pursuant to s. 1012.56, and hold
122 a probationary contract pursuant to s. 1012.335(2)(a); or
123 c. Are recommended by the district school superintendent to
124 teach in such school, hold a professional certificate issued
125 pursuant to s. 1012.56, and hold a probationary contract
126 pursuant to s. 1012.335(2)(a).
127 Section 4. The amendments made by this act to ss.
128 1012.2315, 1012.27, and 1012.335, Florida Statutes, apply to
129 contracts newly entered into, extended, or readopted on or after
130 July 1, 2014. Upon renegotiating an existing collective
131 bargaining agreement, the subsequent collective bargaining
132 agreement must include a provision that conforms to the
133 requirements of this act.
134
135 ================= T I T L E A M E N D M E N T ================
136 And the title is amended as follows:
137 Delete line 2
138 and insert:
139 An act relating to education; amending s. 1012.2315,
140 F.S.; authorizing a school district to assign to a
141 school that has earned failing grades over a certain
142 period of time certain newly hired instructional
143 personnel; authorizing collective bargaining
144 provisions regarding the assigning of certain newly
145 hired instructional personnel to a school that has
146 earned failing grades; amending s. 1012.27, F.S.;
147 authorizing a district school superintendent to assign
148 certain newly hired instructional personnel to a
149 school that has earned failing grades based on the
150 judgment of a school principal; amending s. 1012.335,
151 F.S.; authorizing a school district to assign certain
152 newly hired instructional personnel to a school that
153 has earned failing grades over a certain period of
154 time; providing for applicability; amending s.