Florida Senate - 2015 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 616
Ì662578TÎ662578
576-02556-15
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Education)
1 A bill to be entitled
2 An act relating to education accountability; amending
3 s. 1001.03, F.S.; revising the powers of the State
4 Board of Education to require adoption of rules
5 regarding notification forms for grade 3 retention and
6 midyear promotion, and high school graduation
7 requirements and options; amending s. 1008.22, F.S.;
8 removing the requirement that English Language Arts
9 statewide assessments be administered to students in
10 grade 11; requiring that assessments be delivered
11 through computer-based testing; providing exceptions;
12 specifying minimum requirements for paper-based
13 administration of assessments; requiring that
14 performance results on specified assessments be
15 provided to teachers and parents within a specified
16 timeframe; providing applicability; requiring the
17 Department of Education to collect and distribute
18 liquidated damages relating to the administration of
19 specified assessments to school districts under
20 certain circumstances; prohibiting a school district
21 from administering a local assessment on a subject
22 measured under a statewide assessment; requiring a
23 school district to provide a student’s performance
24 results on local assessments within a specified
25 timeframe; revising requirements for the
26 administration of local assessments; restricting the
27 number of school hours that a school district may
28 dedicate to administer specified assessments;
29 providing exceptions; requiring a school district to
30 secure consent of a student’s parent if school hours
31 dedicated to the administration of local assessments
32 exceed the threshold amount; authorizing a student to
33 take an examination or assessment adopted pursuant to
34 State Board of Education rule; revising requirements
35 regarding the school district’s adoption and
36 publication of testing schedules; amending s. 1008.24,
37 F.S.; authorizing a school district to use district
38 employees to administer and proctor specified
39 assessments; providing minimum requirements for State
40 Board of Education rules regarding the training of
41 such employees; amending s. 1008.25, F.S.; revising
42 requirements for a district school board’s
43 comprehensive student progression plan; removing
44 references regarding local assessments; revising
45 requirements regarding instruction and reassessment of
46 students who exhibit a reading deficiency; amending s.
47 1008.30, F.S.; specifying alternative assessments that
48 may be accepted by public postsecondary educational
49 institutions in lieu of the common placement test;
50 revising requirements for state board rules regarding
51 common placement testing; authorizing, rather than
52 requiring, high schools to perform specified college
53 readiness evaluations; amending s. 1008.34, F.S.;
54 adding references to school improvement ratings;
55 specifying applicability of certain accountability
56 measures to schools using turnaround options; amending
57 s. 1011.62, F.S.; requiring the Department of
58 Education to contract with an independent, auditing
59 entity if the administration of online assessments
60 after a certain date does not comply with the minimum
61 assessment protocols and requirements established by
62 the department; requiring the auditing entity to
63 perform certain duties; amending s. 1012.34, F.S.;
64 revising requirements for the Commissioner of
65 Education’s annual report to the Governor and the
66 Legislature regarding personnel evaluation systems;
67 revising the percentage thresholds for performance
68 evaluation criteria for instructional personnel and
69 school administrators; revising requirements for the
70 measurement of student performance; prescribing
71 requirements for school districts regarding educator
72 performance evaluations and related student
73 performance results; requiring the state board to
74 adopt rules by a certain date; revising rule
75 requirements; removing a provision regarding district
76 bonus awards; conforming cross-references; repealing
77 s. 1012.3401, F.S., relating to the measurement of
78 student performance in personnel evaluations;
79 authorizing a school district to request approval from
80 the state board to use student performance results on
81 new statewide assessments for diagnostic and baseline
82 purposes; requiring a district school superintendent
83 to submit the waiver request to the Commissioner of
84 Education; specifying required content of a waiver
85 request; requiring the commissioner to review and make
86 recommendations to the state board regarding each
87 waiver request; specifying conditions and requirements
88 for a school that is granted a waiver for the 2014
89 2015 school year; providing for expiration; requiring
90 the Office of Program Policy Analysis and Government
91 Accountability (OPPAGA) to complete a study regarding
92 the leasing of examination questions; requiring OPPAGA
93 to submit a report summarizing the study findings to
94 the Legislature by a specified date; amending ss.
95 1003.4282, 1003.4285, and 1012.22, F.S.; conforming
96 provisions to changes made by the act; providing an
97 effective date.
98
99 Be It Enacted by the Legislature of the State of Florida:
100
101 Section 1. Subsection (18) is added to section 1001.03,
102 Florida Statutes, to read:
103 1001.03 Specific powers of State Board of Education.—
104 (18) PUBLICATION OF GRADE 3 RETENTION AND MIDYEAR PROMOTION
105 AND HIGH SCHOOL GRADUATION REQUIREMENTS AND OPTIONS.—The State
106 Board of Education shall adopt by rule:
107 (a) A notification form that clearly identifies for parents
108 and students the grade 3 retention and midyear promotion
109 requirements, processes, and options, as well as the high school
110 graduation requirements, processes, and options. The rule must
111 require school districts to publish this notification form on
112 their websites and include the form in annual student handbooks.
113 (b) A requirement that school districts attach the
114 notification form when providing student performance results to
115 parents on statewide, standardized assessments administered
116 pursuant to ss. 1002.69, 1003.56, and 1008.22.
117 Section 2. Paragraphs (a), (d), and (h) of subsection (3)
118 and subsection (6) of section 1008.22, Florida Statutes, are
119 amended to read:
120 1008.22 Student assessment program for public schools.—
121 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
122 Commissioner of Education shall design and implement a
123 statewide, standardized assessment program aligned to the core
124 curricular content established in the Next Generation Sunshine
125 State Standards. The commissioner also must develop or select
126 and implement a common battery of assessment tools that will be
127 used in all juvenile justice education programs in the state.
128 These tools must accurately measure the core curricular content
129 established in the Next Generation Sunshine State Standards.
130 Participation in the assessment program is mandatory for all
131 school districts and all students attending public schools,
132 including adult students seeking a standard high school diploma
133 under s. 1003.4282 and students in Department of Juvenile
134 Justice education programs, except as otherwise provided by law.
135 If a student does not participate in the assessment program, the
136 school district must notify the student’s parent and provide the
137 parent with information regarding the implications of such
138 nonparticipation. The statewide, standardized assessment program
139 shall be designed and implemented as follows:
140 (a) Statewide, standardized comprehensive assessments.—The
141 statewide, standardized Reading assessment shall be administered
142 annually in grades 3 through 10. The statewide, standardized
143 Writing assessment shall be administered annually at least once
144 at the elementary, middle, and high school levels. When the
145 Reading and Writing assessments are replaced by English Language
146 Arts (ELA) assessments, ELA assessments shall be administered to
147 students in grades 3 through 10 11. Retake opportunities for the
148 grade 10 Reading assessment or, upon implementation, the grade
149 10 ELA assessment must be provided. Students taking the ELA
150 assessments shall not take the statewide, standardized
151 assessments in Reading or Writing. ELA assessments shall be
152 administered online. The statewide, standardized Mathematics
153 assessments shall be administered annually in grades 3 through
154 8. Students taking a revised Mathematics assessment shall not
155 take the discontinued assessment. The statewide, standardized
156 Science assessment shall be administered annually at least once
157 at the elementary and middle grades levels. In order to earn a
158 standard high school diploma, a student who has not earned a
159 passing score on the grade 10 Reading assessment or, upon
160 implementation, the grade 10 ELA assessment must earn a passing
161 score on the assessment retake or earn a concordant score as
162 authorized under subsection (7).
163 (d) Implementation schedule.—
164 1. The Commissioner of Education shall establish and
165 publish on the department’s website an implementation schedule
166 to transition from the statewide, standardized Reading and
167 Writing assessments to the ELA assessments and to the revised
168 Mathematics assessments, including the Algebra I and Geometry
169 EOC assessments. The schedule must take into consideration
170 funding, sufficient field and baseline data, access to
171 assessments, instructional alignment, and school district
172 readiness to administer the assessments online. All such
173 assessments must be delivered through computer-based testing.
174 However, the following assessments must be delivered in a
175 computer-based format, as follows: the grade 3 ELA assessment
176 beginning in the 2017-2018 school year; the grade 3 mathematics
177 assessment beginning in the 2016-2017 school year; the grade 4
178 ELA assessment beginning in the 2015-2016 school year; and the
179 grade 4 Mathematics assessment beginning in the 2016-2017 school
180 year. Paper-based administrations of assessments must, at a
181 minimum, include paper-based accommodations available for
182 eligible students whose IEPs or Section 504 plans indicate a
183 need for a paper-based format.
184 2. The Department of Education shall publish minimum and
185 recommended technology requirements that include specifications
186 for hardware, software, networking, security, and broadband
187 capacity to facilitate school district compliance with the
188 requirement that assessments be administered online.
189 (h) Contracts for assessments.—
190 1. The commissioner shall provide for the assessments to be
191 developed or obtained, as appropriate, through contracts and
192 project agreements with private vendors, public vendors, public
193 agencies, postsecondary educational institutions, or school
194 districts. The commissioner may enter into contracts for the
195 continued administration of the assessments authorized and
196 funded by the Legislature. Contracts may be initiated in 1
197 fiscal year and continue into the next fiscal year and may be
198 paid from the appropriations of either or both fiscal years. The
199 commissioner may negotiate for the sale or lease of tests,
200 scoring protocols, test scoring services, and related materials
201 developed pursuant to law.
202 2. A student’s performance results on statewide,
203 standardized comprehensive assessments, EOC assessments, and
204 Florida Alternate Assessments administered pursuant to this
205 subsection must be provided to the student’s teachers and
206 parents within 30 days after administering such assessments.
207 This subparagraph does not apply to existing contracts for such
208 assessments, but shall apply to new contracts and any renewal of
209 existing contracts for such assessments.
210 3. If liquidated damages are applicable, the department
211 shall collect and distribute liquidated damages that are due in
212 response to the administration of the spring 2015 computer-based
213 assessments of the department’s Florida Standards Assessment
214 contract with American Institutes for Research, to school
215 districts as determined by the Legislature.
216 (6) LOCAL ASSESSMENTS.—
217 (a) Measurement of student performance in all subjects and
218 grade levels, except in those subjects and grade levels measured
219 under the statewide, standardized assessment program described
220 in this section, is the responsibility of the school districts.
221 However, a school district may not administer an additional,
222 cumulative final local assessment for a course measured under a
223 statewide, standardized end-of-course assessment. A school
224 district must provide a student’s performance results on
225 district-required local assessments to the student’s teachers
226 and parents within 30 days after administering such assessments.
227 (b) Except for those subjects and grade levels measured
228 under the statewide, standardized assessment program, beginning
229 with the 2014-2015 school year, each school district shall
230 administer for each course offered in the district a local
231 assessment that measures student mastery of course content at
232 the necessary level of rigor for the course. As adopted pursuant
233 to State Board of Education rule, course content is set forth in
234 the state standards required by s. 1003.41 and in the course
235 description. Local assessments may include:
236 1. Statewide assessments.
237 2. Other standardized assessments, including nationally
238 recognized standardized assessments.
239 3. Industry certification assessments.
240 4. District-developed or district-selected end-of-course
241 assessments.
242 5. Teacher-selected or principal-selected assessments.
243 (c) Each district school board must adopt policies for
244 selection, development, administration, and scoring of local
245 assessments and for collection of assessment results. Local
246 assessments implemented under subparagraphs (b)4. and 5. may
247 include a variety of assessment formats, including, but not
248 limited to, project-based assessments, adjudicated performances,
249 and practical application assignments. For all English Language
250 Arts, mathematics, science, and social studies courses offered
251 in the district that are used to meet graduation requirements
252 under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
253 not otherwise assessed by statewide, standardized assessments,
254 the district school board must select the assessments described
255 in subparagraphs (b)1.-4.
256 (d) The Commissioner of Education shall identify methods to
257 assist and support districts in the development and acquisition
258 of local assessments required under this subsection. Methods may
259 include developing item banks, facilitating the sharing of
260 developed tests among school districts, acquiring assessments
261 from state and national curriculum-area organizations, and
262 providing technical assistance in best professional practices of
263 test development based upon state-adopted curriculum standards,
264 administration, and security.
265 (c)(e) Each school district shall establish schedules for
266 the administration of any district-required local district
267 mandated assessment and approve the schedules as an agenda item
268 at a district school board meeting. A school district may not
269 schedule more than 5 percent of a student’s total school hours
270 in a school year to administer statewide, standardized
271 assessments and district-required local assessments. The
272 district must secure written consent from a student’s parent
273 before administering district-required local assessments that,
274 after applicable statewide, standardized assessments are
275 scheduled, exceed the 5 percent test administration limit for
276 that student under this paragraph. The 5 percent test
277 administration limit for a student under this paragraph may be
278 exceeded as needed to provide test accommodations that are
279 required by an IEP or are appropriate for an English language
280 learner who is currently receiving services in a program
281 operated in accordance with an approved English language learner
282 district plan pursuant to s. 1003.56. Notwithstanding this
283 paragraph, a student may choose within a school year to take an
284 examination or assessment adopted by State Board of Education
285 rule pursuant to this section and ss. 1007.27, 1008.30, and
286 1008.44. The school district shall adopt its publish the testing
287 schedule for statewide, standardized assessments and district
288 required local assessments schedules on its website, clearly
289 specifying the estimates of average time for administering such
290 assessment by grade level. The district shall publish on its
291 website district-mandated assessments, and report the schedules
292 to the Department of Education, in a format prescribed by the
293 department, by October 1 of each year.
294 Section 3. Subsection (3) of section 1008.24, Florida
295 Statutes, is amended to read:
296 1008.24 Test administration and security; public records
297 exemption.—
298 (3)(a) A school district may contract with qualified
299 contractors to administer and proctor statewide, standardized
300 assessments required under s. 1008.22 or assessments associated
301 with Florida approved courses under s. 1003.499, as approved by
302 the Department of Education in accordance with rules of the
303 State Board of Education. Assessments may be administered or
304 proctored by qualified contractors at sites that meet criteria
305 established by rules of the State Board of Education and adopted
306 pursuant to ss. 120.536(1) and 120.54 to implement the
307 contracting requirements of this subsection.
308 (b) A school district may use district employees, such as
309 education paraprofessionals as described in s. 1012.37, to
310 administer and proctor statewide, standardized assessments
311 required under s. 1008.22 or assessments associated with Florida
312 approved courses under s. 1003.499, in accordance with this
313 section and related rules adopted by the State Board of
314 Education. The rules must establish training requirements that
315 must be successfully completed by district employees prior to
316 the employees performing duties pursuant this paragraph.
317 Section 4. Paragraph (b) of subsection (2), subsections (3)
318 and (4), paragraphs (a) and (c) of subsection (5), and paragraph
319 (a) of subsection (8) of section 1008.25, Florida Statutes, are
320 amended to read:
321 1008.25 Public school student progression; remedial
322 instruction; reporting requirements.—
323 (2) COMPREHENSIVE STUDENT PROGRESSION PLAN.—Each district
324 school board shall establish a comprehensive plan for student
325 progression which must:
326 (b) Identify the Provide specific levels of performance in
327 reading, writing, science, and mathematics for each grade level,
328 including the levels of performance on the statewide,
329 standardized assessments required by s. 1008.22 as defined by
330 the commissioner, below which a student, pursuant to subsection
331 (4), must receive remediation or be retained within an intensive
332 program that is different from the previous year’s program and
333 that takes into account the student’s learning style.
334 (3) ALLOCATION OF RESOURCES.—District school boards shall
335 allocate remedial and supplemental instruction resources to
336 students in the following priority:
337 (a) Students who are deficient in reading by the end of
338 grade 3.
339 (b) Students who fail to meet performance levels required
340 for promotion consistent with the district school board’s plan
341 for student progression required in paragraph (2)(b).
342 (4) ASSESSMENT AND REMEDIATION.—
343 (a) Each student must participate in the statewide,
344 standardized assessment program required by s. 1008.22. Each
345 student who does not meet specific levels of performance on the
346 required assessments as determined by the district school board
347 or who scores below Level 3 on the statewide, standardized
348 Reading assessment or, upon implementation, the English Language
349 Arts assessment or on the statewide, standardized Mathematics
350 assessments in grades 3 through 8 and the Algebra I EOC
351 assessment must be provided with additional diagnostic
352 assessments to determine the nature of the student’s difficulty,
353 the areas of academic need, and strategies for appropriate
354 intervention and instruction as described in paragraph (b).
355 (b) The school in which the student is enrolled must
356 develop, in consultation with the student’s parent, and must
357 implement a progress monitoring plan. A progress monitoring plan
358 is intended to provide the school district and the school
359 flexibility in meeting the academic needs of the student and to
360 reduce paperwork. A student who is not meeting the school
361 district or state requirements for proficiency in reading and
362 mathematics shall be covered by one of the following plans to
363 target instruction and identify ways to improve his or her
364 academic achievement:
365 1. A federally required student plan such as an individual
366 education plan;
367 2. A schoolwide system of progress monitoring for all
368 students; or
369 2.3. An individualized progress monitoring plan.
370
371 The plan chosen must be designed to assist the student or the
372 school in meeting state and district expectations for
373 proficiency. If the student has been identified as having a
374 deficiency in reading, the K-12 comprehensive reading plan
375 required by s. 1011.62(9) shall include instructional and
376 support services to be provided to meet the desired levels of
377 performance. District school boards may require low-performing
378 students to attend remediation programs held before or after
379 regular school hours or during the summer if transportation is
380 provided.
381 (c) Upon subsequent evaluation, if the documented
382 deficiency has not been remediated, the student may be retained.
383 Each student who does not meet the minimum performance
384 expectations identified in paragraph (2)(b) defined by the
385 Commissioner of Education for the statewide assessment tests in
386 reading, writing, science, and mathematics must continue to be
387 provided with remedial or supplemental instruction until the
388 expectations are met or the student graduates from high school
389 or is not subject to compulsory school attendance.
390 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
391 (a) Any student who exhibits a substantial deficiency in
392 reading, based upon locally determined or statewide assessments
393 conducted in kindergarten or grade 1, grade 2, or grade 3, such
394 as the statewide kindergarten screening administered under s.
395 1002.69 and subsequent related reading readiness screening or
396 through teacher observations, must be given intensive reading
397 instruction immediately following the identification of the
398 reading deficiency. The student’s reading proficiency must be
399 reassessed by locally determined assessments or through teacher
400 observations at the beginning of the grade following the
401 intensive reading instruction. The student must continue to be
402 provided with intensive reading instruction until the reading
403 deficiency is remedied.
404 (c) The parent of any student who exhibits a substantial
405 deficiency in reading, as described in paragraph (a), must be
406 notified in writing of the following:
407 1. That his or her child has been identified as having a
408 substantial deficiency in reading.
409 2. A description of the current services that are provided
410 to the child.
411 3. A description of the proposed supplemental instructional
412 services and supports that will be provided to the child that
413 are designed to remediate the identified area of reading
414 deficiency.
415 4. That if the child’s reading deficiency is not remediated
416 by the end of grade 3, the child must be retained unless he or
417 she is exempt from mandatory retention for good cause.
418 5. Strategies for parents to use in helping their child
419 succeed in reading proficiency.
420 6. That the statewide, standardized assessment required
421 under s. 1008.22 Florida Comprehensive Assessment Test (FCAT) is
422 not the sole determiner of promotion and that additional
423 evaluations, portfolio reviews, and assessments are available to
424 the child to assist parents and the school district in knowing
425 when a child is reading at or above grade level and ready for
426 grade promotion.
427 7. The district’s specific criteria and policies for a
428 portfolio as provided in subparagraph (6)(b)4. and the evidence
429 required for a student to demonstrate mastery of Florida’s
430 academic standards for English Language Arts. A parent of a
431 student in grade 3 who is identified anytime during the year as
432 being at risk of retention may request that the school
433 immediately begin collecting evidence for a portfolio.
434 8. The district’s specific criteria and policies for
435 midyear promotion. Midyear promotion means promotion of a
436 retained student at any time during the year of retention once
437 the student has demonstrated ability to read at grade level.
438 (8) ANNUAL REPORT.—
439 (a) In addition to the requirements in paragraph (5)(b),
440 each district school board must annually report to the parent of
441 each student the progress of the student toward achieving state
442 and district expectations for proficiency in reading, writing,
443 science, and mathematics. The district school board must report
444 to the parent the student’s results on each statewide assessment
445 test. The evaluation of each student’s progress must be based
446 upon the student’s classroom work, observations, tests, district
447 and state assessments, and other relevant information. Progress
448 reporting must be provided to the parent in writing in a format
449 adopted by the district school board.
450 Section 5. Subsections (1) and (3) of section 1008.30,
451 Florida Statutes, are amended to read:
452 1008.30 Common placement testing for public postsecondary
453 education.—
454 (1) The State Board of Education, in conjunction with the
455 Board of Governors, shall develop and implement a common
456 placement test for the purpose of assessing the basic
457 computation and communication skills of students who intend to
458 enter a degree program at any public postsecondary educational
459 institution. Alternative assessments, such as the SAT, the ACT,
460 and other assessments identified by rule, that may be accepted
461 in lieu of the common placement test shall also be identified in
462 rule. Public postsecondary educational institutions shall
463 provide appropriate modifications of the test instruments or
464 test procedures for students with disabilities.
465 (3) The State Board of Education shall adopt rules that
466 authorize require high schools, at the request of a parent, to
467 evaluate before the beginning of grade 12 the college readiness
468 of a each student who scores Level 2 or Level 3 on grade 10 FCAT
469 Reading or the English Language Arts assessment under s.
470 1008.22, as applicable, or Level 2, Level 3, or Level 4 on the
471 Algebra I assessment under s. 1008.22. High schools may shall
472 perform this evaluation using results from the corresponding
473 component of the common placement test prescribed in this
474 section, or an alternative test identified by the State Board of
475 Education, such as the SAT, the ACT, and other assessments
476 identified by rule. The high school shall use the results of the
477 test to advise the students of any identified deficiencies and
478 to recommend provide 12th grade students , and require them to
479 complete, appropriate postsecondary preparatory instruction
480 before high school graduation as an option to grade 12 students.
481 The curriculum provided under this subsection shall be
482 identified in rule by the State Board of Education and encompass
483 Florida’s Postsecondary Readiness Competencies. Other elective
484 courses may not be substituted for the selected postsecondary
485 mathematics, reading, writing, or English Language Arts
486 preparatory course unless the elective course covers the same
487 competencies included in the postsecondary mathematics, reading,
488 writing, or English Language Arts preparatory course.
489 Section 6. Subsection (7) of section 1008.34, Florida
490 Statutes, is amended to read:
491 1008.34 School grading system; school report cards;
492 district grade.—
493 (7) TRANSITION.—School grades pursuant to this section and
494 school improvement ratings pursuant to s. 1008.341 for the 2013
495 2014 school year shall be calculated based on statutes and rules
496 in effect on June 30, 2014. To assist in the transition to 2014
497 2015 school grades and school improvement ratings, calculated
498 based on new statewide, standardized assessments administered
499 pursuant to s. 1008.22, the 2014-2015 school grades and school
500 improvement ratings shall serve as an informational baseline for
501 schools to work toward improved performance in future years.
502 Accordingly, notwithstanding any other provision of law:
503 (a) A school may not be required to select and implement a
504 turnaround option pursuant to s. 1008.33 in the 2015-2016 school
505 year based on the school’s 2014-2015 grade or school improvement
506 rating under s. 1008.341, as applicable. The benefits of s.
507 1008.33(4)(c), relating to a school being released from
508 implementation of the turnaround option, and s. 1008.33(4)(d),
509 relating to a school implementing strategies identified in its
510 school improvement plan, apply to a school using turnaround
511 options pursuant to s. 1008.33 which improves at least one
512 letter grade during the 2014-2015 school year.
513 (b)1. A school or approved provider under s. 1002.45 which
514 that receives the same or a lower school grade or school
515 improvement rating for the 2014-2015 school year compared to the
516 2013-2014 school year is not subject to sanctions or penalties
517 that would otherwise occur as a result of the 2014-2015 school
518 grade or rating. A charter school system or a school district
519 designated as high performing may not lose the designation based
520 on the 2014-2015 school grades of any of the schools within the
521 charter school system or school district, as applicable.
522 2. The Florida School Recognition Program established under
523 s. 1008.36 shall continue to be implemented as otherwise
524 provided in the General Appropriations Act.
525 (c) For purposes of determining grade 3 retention pursuant
526 to s. 1008.25(5) and high school graduation pursuant to s.
527 1003.4282, student performance on the 2014-2015 statewide,
528 standardized assessments shall be linked to 2013-2014 student
529 performance expectations.
530
531 This subsection is repealed July 1, 2017.
532 Section 7. Paragraph (b) of subsection (12) of section
533 1011.62, Florida Statutes, is amended to read:
534 1011.62 Funds for operation of schools.—If the annual
535 allocation from the Florida Education Finance Program to each
536 district for operation of schools is not determined in the
537 annual appropriations act or the substantive bill implementing
538 the annual appropriations act, it shall be determined as
539 follows:
540 (12) FLORIDA DIGITAL CLASSROOMS ALLOCATION.—
541 (b) Each district school board shall adopt a district
542 digital classrooms plan that meets the unique needs of students,
543 schools, and personnel and submit the plan for approval to the
544 Department of Education. In addition, each district school board
545 must, at a minimum, seek input from the district’s
546 instructional, curriculum, and information technology staff to
547 develop the district digital classrooms plan. The district’s
548 plan must be within the general parameters established in the
549 Florida digital classrooms plan pursuant to s. 1001.20. In
550 addition, if the district participates in federal technology
551 initiatives and grant programs, the district digital classrooms
552 plan must include a plan for meeting requirements of such
553 initiatives and grant programs. Funds allocated under this
554 subsection must be used to support implementation of district
555 digital classrooms plans. By October 1, 2014, and by March 1 of
556 each year thereafter, on a date determined by the department,
557 each district school board shall submit to the department, in a
558 format prescribed by the department, a digital classrooms plan.
559 At a minimum, such plan must include, and be annually updated to
560 reflect, the following:
561 1. Measurable student performance outcomes. Outcomes
562 related to student performance, including outcomes for students
563 with disabilities, must be tied to the efforts and strategies to
564 improve outcomes related to student performance by integrating
565 technology in classroom teaching and learning. Results of the
566 outcomes shall be reported at least annually for the current
567 school year and subsequent 3 years and be accompanied by an
568 independent evaluation and validation of the reported results.
569 2. Digital learning and technology infrastructure purchases
570 and operational activities. Such purchases and activities must
571 be tied to the measurable outcomes under subparagraph 1.,
572 including, but not limited to, connectivity, broadband access,
573 wireless capacity, Internet speed, and data security, all of
574 which must meet or exceed minimum requirements and protocols
575 established by the department. For each year that the district
576 uses funds for infrastructure, a third-party, independent
577 evaluation of the district’s technology inventory and
578 infrastructure needs must accompany the district’s plan.
579 3. Professional development purchases and operational
580 activities. Such purchases and activities must be tied to the
581 measurable outcomes under subparagraph 1., including, but not
582 limited to, using technology in the classroom and improving
583 digital literacy and competency.
584 4. Digital tool purchases and operational activities. Such
585 purchases and activities must be tied to the measurable outcomes
586 under subparagraph 1., including, but not limited to,
587 competency-based credentials that measure and demonstrate
588 digital competency and certifications; third-party assessments
589 that demonstrate acquired knowledge and use of digital
590 applications; and devices that meet or exceed minimum
591 requirements and protocols established by the department.
592 5. Online assessment-related purchases and operational
593 activities. Such purchases and activities must be tied to the
594 measurable outcomes under subparagraph 1., including, but not
595 limited to, expanding the capacity to administer assessments and
596 compatibility with minimum assessment protocols and requirements
597 established by the department. If the administration of online
598 assessments after January 1, 2015, does not comply with the
599 minimum assessment protocols and requirements established by the
600 department, the department shall contract with an independent,
601 auditing entity that has expertise in the area of the
602 noncompliance to evaluate the extent of the noncompliance and
603 provide recommendations to remediate the noncompliance in future
604 administrations of online assessments.
605 Section 8. Paragraphs (b) and (c) of subsection (1),
606 paragraphs (a), (b), and (c) of subsection (3), and subsections
607 (6), (7), (8), and (10) of section 1012.34, Florida Statutes,
608 are amended to read:
609 1012.34 Personnel evaluation procedures and criteria.—
610 (1) EVALUATION SYSTEM APPROVAL AND REPORTING.—
611 (b) The department must approve each school district’s
612 instructional personnel and school administrator evaluation
613 systems. The department shall monitor each district’s
614 implementation of its instructional personnel and school
615 administrator evaluation systems for compliance with the
616 requirements of this section and s. 1012.3401.
617 (c) Annually, by December 1, the Commissioner of Education
618 shall report to the Governor, the President of the Senate, and
619 the Speaker of the House of Representatives the approval and
620 implementation status of each school district’s instructional
621 personnel and school administrator evaluation systems. The
622 report shall include:
623 1. Performance evaluation results for the prior school year
624 for instructional personnel and school administrators using the
625 four levels of performance specified in paragraph (2)(e). The
626 performance evaluation results for instructional personnel shall
627 be disaggregated by classroom teachers, as defined in s.
628 1012.01(2)(a), excluding substitute teachers, and all other
629 instructional personnel, as defined in s. 1012.01(2)(b)–(d).
630 2. An analysis that compares performance evaluation results
631 calculated by each school district to indicators of performance
632 calculated by the department using the standards for performance
633 levels adopted by the state board under subsection (8).
634 3. The commissioner shall include in the report Each
635 district’s performance-level standards established under
636 subsection (7)., a comparative analysis of the district’s
637 student academic performance results and evaluation results,
638 4. Data reported under s. 1012.341, and the status of any
639 evaluation system revisions requested by a school district
640 pursuant to subsection (6).
641 (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
642 personnel and school administrator performance evaluations must
643 be based upon the performance of students assigned to their
644 classrooms or schools, as provided in this section. Pursuant to
645 this section, a school district’s performance evaluation is not
646 limited to basing unsatisfactory performance of instructional
647 personnel and school administrators solely upon student
648 performance, but may include other criteria approved to evaluate
649 instructional personnel and school administrators’ performance,
650 or any combination of student performance and other approved
651 criteria. Evaluation procedures and criteria must comply with,
652 but are not limited to, the following:
653 (a) A performance evaluation must be conducted for each
654 employee at least once a year, except that a classroom teacher,
655 as defined in s. 1012.01(2)(a), excluding substitute teachers,
656 who is newly hired by the district school board must be observed
657 and evaluated at least twice in the first year of teaching in
658 the school district. The performance evaluation must be based
659 upon sound educational principles and contemporary research in
660 effective educational practices. The evaluation criteria must
661 include:
662 1. Performance of students.—At least 33 50 percent of a
663 performance evaluation must be based upon data and indicators of
664 student performance in accordance with subsection (7) learning
665 growth assessed annually by statewide assessments or, for
666 subjects and grade levels not measured by statewide assessments,
667 by school district assessments as provided in s. 1008.22(6).
668 Each school district must use the formula adopted pursuant to
669 paragraph (7)(a) for measuring student learning growth in all
670 courses associated with statewide assessments and must select an
671 equally appropriate formula for measuring student learning
672 growth for all other grades and subjects, except as otherwise
673 provided in subsection (7).
674 a. For classroom teachers, as defined in s. 1012.01(2)(a),
675 excluding substitute teachers, the student learning growth This
676 portion of the evaluation must include growth or achievement
677 data of the teacher’s students or, for a school administrator,
678 the students attending the school for students assigned to the
679 teacher over the course of at least 3 years. If less than 3
680 years of data are available, the years for which data are
681 available must be used. The proportion of growth or achievement
682 data may be determined by instructional assignment and the
683 percentage of the evaluation based upon student learning growth
684 may be reduced to not less than 40 percent.
685 b. For instructional personnel who are not classroom
686 teachers, the student learning growth portion of the evaluation
687 must include growth data on statewide assessments for students
688 assigned to the instructional personnel over the course of at
689 least 3 years, or may include a combination of student learning
690 growth data and other measurable student outcomes that are
691 specific to the assigned position, provided that the student
692 learning growth data accounts for not less than 30 percent of
693 the evaluation. If less than 3 years of student growth data are
694 available, the years for which data are available must be used
695 and the percentage of the evaluation based upon student learning
696 growth may be reduced to not less than 20 percent.
697 c. For school administrators, the student learning growth
698 portion of the evaluation must include growth data for students
699 assigned to the school over the course of at least 3 years. If
700 less than 3 years of data are available, the years for which
701 data are available must be used and the percentage of the
702 evaluation based upon student learning growth may be reduced to
703 not less than 40 percent.
704 2. Instructional practice.—For instructional personnel, at
705 least 33 percent of the performance evaluation must be based
706 upon instructional practice. Evaluation criteria used when
707 annually observing classroom teachers, as defined in s.
708 1012.01(2)(a), excluding substitute teachers, must include
709 indicators based upon each of the Florida Educator Accomplished
710 Practices adopted by the State Board of Education. Observations
711 must be used by administrative personnel to evaluate the
712 performance of classroom teachers. For instructional personnel
713 who are not classroom teachers, evaluation criteria must be
714 based upon indicators of the Florida Educator Accomplished
715 Practices and may include specific job expectations related to
716 student support.
717 3. Instructional leadership.—For school administrators, at
718 least 30 percent of the performance evaluation must be based on
719 instructional leadership. Evaluation criteria for instructional
720 leadership must include indicators based upon each of the
721 leadership standards adopted by the State Board of Education
722 under s. 1012.986, including performance measures related to the
723 effectiveness of classroom teachers in the school, the
724 administrator’s appropriate use of evaluation criteria and
725 procedures, recruitment and retention of effective and highly
726 effective classroom teachers, improvement in the percentage of
727 instructional personnel evaluated at the highly effective or
728 effective level, and other leadership practices that result in
729 student learning growth. The system may include a means to give
730 parents and instructional personnel an opportunity to provide
731 input into the administrator’s performance evaluation.
732 4. Other indicators of performance Professional and job
733 responsibilities.—For instructional personnel and school
734 administrators, no more than 33 percent of a performance
735 evaluation must include other professional and job
736 responsibilities must be included as recommended adopted by the
737 State Board of Education or identified by the district school
738 board and, for instructional personnel, peer reviews,
739 objectively reliable survey information from students and
740 parents based on teaching practices that are consistently
741 associated with higher student achievement, and other valid and
742 reliable measures of instructional practice. The district school
743 board may identify additional professional and job
744 responsibilities.
745 (b) All personnel must be fully informed of the criteria,
746 data sources, methodologies and procedures associated with the
747 evaluation process before the evaluation takes place.
748 (c) The individual responsible for supervising the employee
749 must evaluate the employee’s performance. The evaluation system
750 may provide for the evaluator to consider input from other
751 personnel trained under subsection (2) paragraph (2)(f). The
752 evaluator must submit a written report of the evaluation to the
753 district school superintendent for the purpose of reviewing the
754 employee’s contract. The evaluator must submit the written
755 report to the employee no later than 10 days after the
756 evaluation takes place. The evaluator must discuss the written
757 evaluation report with the employee. The employee shall have the
758 right to initiate a written response to the evaluation, and the
759 response shall become a permanent attachment to his or her
760 personnel file.
761 (6) ANNUAL REVIEW OF AND REVISIONS TO THE SCHOOL DISTRICT
762 EVALUATION SYSTEMS.—The district school board shall establish a
763 procedure for annually reviewing instructional personnel and
764 school administrator evaluation systems to determine compliance
765 with this section and s. 1012.3401. All substantial revisions to
766 an approved system must be reviewed and approved by the district
767 school board before being used to evaluate instructional
768 personnel or school administrators. Upon request by a school
769 district, the department shall provide assistance in developing,
770 improving, or reviewing an evaluation system.
771 (7) MEASUREMENT OF STUDENT PERFORMANCE LEARNING GROWTH.—
772 (a) The Commissioner of Education shall approve a formula
773 to measure individual student learning growth on the statewide,
774 standardized assessments in English Language Arts and
775 mathematics administered under s. 1008.22. The formula must take
776 into consideration each student’s prior academic performance.
777 The formula must not set different expectations for student
778 learning growth based upon a student’s gender, race, ethnicity,
779 or socioeconomic status. In the development of the formula, the
780 commissioner shall consider other factors such as a student’s
781 attendance record, disability status, or status as an English
782 language learner. The commissioner may shall select additional
783 formulas to measure student performance as appropriate for the
784 remainder of the statewide, standardized assessments included
785 under s. 1008.22 and continue to select formulas as new
786 assessments are implemented in the state system. After the
787 commissioner approves the formula to measure individual student
788 learning growth, the State Board of Education shall adopt these
789 formulas in rule.
790 (b) For courses associated with the statewide, standardized
791 assessments under s. 1008.22, each school district shall measure
792 student learning growth using the formulas approved by the
793 commissioner under paragraph (a) and the standards for
794 performance levels adopted by the state board under subsection
795 (8) for courses associated with the statewide, standardized
796 assessments administered under s. 1008.22 no later than the
797 school year immediately following the year the formula is
798 approved by the commissioner.
799 (c) For grades and subjects not assessed by statewide,
800 standardized assessments, but otherwise locally assessed
801 pursuant to s. 1008.22(6)(c) as required under s. 1008.22(6),
802 each school district shall measure student performance of
803 students using a methodology determined by the district.
804 However, a school district may not administer an additional,
805 final cumulative local assessment for a course measured under a
806 statewide, standardized end-of-course assessment. As provided in
807 state board rule, course content is set forth in the state
808 standards required under s. 1003.41 and in the course
809 description for the course as provided in the course code
810 directory.
811 (d) School districts shall, for all educator performance
812 evaluations and related student performance results:
813 1. Determine the data sources, methodologies and
814 proportions of student performance data used in each educator’s
815 evaluation based on the educator’s school, classroom, or other
816 instructional assignments; except that each school district must
817 include data and student learning growth using the formulas
818 approved by the commissioner pursuant to paragraph (a) and the
819 standards for performance levels adopted by the state board
820 pursuant to subsection (8).
821 2. Provide that, for instructional personnel or school
822 administrator to be eligible for salary adjustment under the
823 performance salary schedule pursuant to s. 1012.22(1)(c)5.c.,
824 the student performance component of the educator’s performance
825 evaluation be based on a statewide, standardized assessment
826 pursuant to s. 1008.22; a district-approved assessment; or a
827 combination of both, as applicable to the educator’s
828 assignments.
829 3. Adopt, report, and provide to the public the district’s
830 administration schedules for statewide assessments and local
831 assessments in compliance with timelines and requirements
832 established in s. 1008.22.
833 4. Provide parents and teachers with student performance
834 results on district-required assessments and the statewide,
835 standardized assessments within the timeframe requirements
836 established in s. 1008.22. The department shall provide models
837 for measuring performance of students which school districts may
838 adopt.
839 (c) For a course that is not measured by a statewide,
840 standardized assessment, a school district may request, through
841 the evaluation system approval process, to use a student’s
842 achievement level rather than student learning growth if
843 achievement is demonstrated to be a more appropriate measure of
844 classroom teacher performance. A school district may also
845 request to use a combination of student learning growth and
846 achievement, if appropriate.
847 (d) For a course that is not measured by a statewide,
848 standardized assessment, a school district may request, through
849 the evaluation system approval process, that the performance
850 evaluation for the classroom teacher assigned to that course
851 include the learning growth of his or her students on one or
852 more statewide, standardized assessments. The request must
853 clearly explain the rationale supporting the request.
854 (e) For purposes of this section and only for the 2014-2015
855 school year, a school district may use measurable learning
856 targets on local assessments administered under s. 1008.22(6) to
857 evaluate the performance of students portion of a classroom
858 teacher’s evaluation for courses that are not assessed by
859 statewide, standardized assessments. Learning targets must be
860 approved by the school principal. A district school
861 superintendent may assign to instructional personnel in an
862 instructional team the student learning growth of the
863 instructional team’s students on statewide assessments. This
864 paragraph expires July 1, 2015.
865 (8) RULEMAKING.—No later than August 1, 2015, the State
866 Board of Education shall adopt rules pursuant to ss. 120.536(1)
867 and 120.54 which establish uniform procedures and the format for
868 the submission, review, and approval of district evaluation
869 systems and reporting requirements for the annual evaluation of
870 instructional personnel and school administrators; specific,
871 discrete standards for each performance level required under
872 subsection (2), based on student learning growth models approved
873 by the commissioner, to ensure clear and sufficient
874 differentiation in the performance levels and to provide
875 consistency in meaning across school districts; the measurement
876 of student learning growth and associated implementation
877 procedures required under subsection (7); and a process for
878 monitoring school district implementation of evaluation systems
879 in accordance with this section. Specifically, the rules shall
880 establish student performance levels that if not met will result
881 in the employee receiving an unsatisfactory performance
882 evaluation rating. In like manner, the rules shall establish a
883 student performance level that must be met in order for an
884 employee to receive a highly effective rating and a student
885 learning growth standard that must be met in order for an
886 employee to receive an effective rating.
887 (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
888 EVALUATION PROGRESS.—School districts are eligible for bonus
889 rewards as provided for in the 2014 General Appropriations Act
890 for making outstanding progress toward educator effectiveness,
891 including implementation of instructional personnel salaries
892 based on performance results under s. 1012.34 and the use of
893 local assessment results in personnel evaluations when
894 statewide, standardized assessments are not administered.
895 Section 9. Section 1012.3401, Florida Statutes, is
896 repealed.
897 Section 10. School district contingency plan.
898 Notwithstanding s. 1008.34(7), Florida Statutes, a school
899 district may, by majority vote of the district school board,
900 request approval from the State Board of Education to waive all
901 requirements and benefits specified in ss. 1008.34(7), 1008.36,
902 and 1003.621, Florida Statutes, and instead use results from
903 student performance on the new statewide, standardized
904 assessments administered in the 2014-2015 school year pursuant
905 to s. 1008.22, Florida Statutes, for diagnostic and baseline
906 purposes only.
907 (1) A school district’s request must be submitted to the
908 Commissioner of Education by the school district superintendent
909 during the period from the last day of administration of
910 statewide, standardized assessments through June 5, 2015, in
911 accordance with the guidelines established by the commissioner.
912 At a minimum, the request, must include identification of:
913 (a) The scope of the request, to apply either to the school
914 district or to a school or certain schools within the school
915 district. The request must be made at a district or school
916 level. The request may not be made at a grade level, a subject
917 area level, or another level.
918 (b) The reason for the request, including a description of
919 the systemic or unique technical implementation failure.
920 Quantifiable data substantiating the reason for such failure
921 must accompany the request. A school district’s inability to
922 assess the minimum percentage of students pursuant to ss.
923 1008.34 and 1008.341, Florida Statutes, does not constitute a
924 reasonable justification for requesting the waiver under this
925 section.
926 (c) The school district’s corrective action plan, which has
927 been adopted by the district school board, and certification
928 that the identified technical implementation failure must be
929 resolved in time for successful administration of the statewide,
930 standardized assessments during the 2015-2016 school year and
931 each school year thereafter. The district must identify how the
932 district plans to allocate resources and technical assistance
933 that the district needs from the Department of Education to
934 facilitate the district’s successful resolution of technical
935 deficiencies.
936 (d) The school district’s plan for using the diagnostic
937 data to facilitate continuous improvement in student performance
938 and the effectiveness of schools, instructional personnel, and
939 school administrators; public reporting on the performance of
940 students, schools, and the district; and informing parents about
941 instruction associated with remediation and retention and
942 options available to students including acceleration,
943 graduation, and school choice. The district must also describe
944 its plans for implementing student progression plans,
945 performance evaluations of instructional personnel and school
946 administrators, performance salary schedule requirements, and
947 other uses as identified by the commissioner.
948 (2) The commissioner shall review each request for a waiver
949 and consult with the applicable school district superintendent.
950 The commissioner shall make, and provide reasons for,
951 recommendations to the State Board of Education regarding
952 granting or denying a request for waiver. The state board may
953 consider recommendations made by the commissioner to approve or
954 deny school district requests. Notwithstanding any other
955 provision of law, the commissioner’s recommendation to approve a
956 request may, after consultation with the school district
957 superintendent, include conditional requirements that must apply
958 if approved by the state board. The decision of the state board,
959 including any modifications adopted by the state board, is
960 final.
961 (3) For only the 2014-2015 school year, if a waiver is
962 granted under this section:
963 (a) A school or a school district may not receive a school
964 grade, school improvement rating, or school district grade, as
965 applicable.
966 (b) A school may, at the school district’s discretion,
967 choose to use new statewide, standardized assessment results in
968 performance evaluations of instructional personnel and school
969 administrators.
970 (c) A school district shall continue to have its student
971 performance results included in the statewide, standardized
972 assessment results published by the department pursuant to s.
973 1008.22, Florida Statutes.
974 (d) A school shall forfeit eligibility to earn school
975 recognition funds pursuant to s. 1008.36, Florida Statutes, as
976 provided in the General Appropriations Act.
977 (e) A school district shall forfeit the district’s
978 eligibility to earn the designation and benefits associated with
979 high performing school districts pursuant to s. 1003.621,
980 Florida Statutes.
981
982 This section expires July 1, 2016.
983 Section 11. The Office of Program Policy Analysis and
984 Government Accountability (OPPAGA) shall conduct a year-long
985 study, beginning no later than August 1, 2015, to assess the
986 cost-effectiveness of the leasing of examination questions by
987 the Department of Education from the American Institute for
988 Research as compared with using questions from an existing
989 examination. No later than December 1, 2016, OPPAGA shall
990 provide a report summarizing the findings of the study to the
991 President of the Senate and the Speaker of the House of
992 Representatives.
993 Section 12. Paragraph (a) of subsection (5) of section
994 1003.4282, Florida Statutes, is amended to read:
995 1003.4282 Requirements for a standard high school diploma.—
996 (5) REMEDIATION FOR HIGH SCHOOL STUDENTS.—
997 (a) Each year a student scores Level 1 or Level 2 on the
998 statewide, standardized grade 9 or grade 10 Reading assessment
999 or, when implemented, the grade 9 or, grade 10, or grade 11 ELA
1000 assessment, the student may, as an option to the student, enroll
1001 must be enrolled in and complete an intensive remedial course
1002 the following year or be placed in a content area course that
1003 includes remediation of skills not acquired by the student.
1004 Section 13. Paragraph (a) of subsection (1) of section
1005 1003.4285, Florida Statutes, is amended to read:
1006 1003.4285 Standard high school diploma designations.—
1007 (1) Each standard high school diploma shall include, as
1008 applicable, the following designations if the student meets the
1009 criteria set forth for the designation:
1010 (a) Scholar designation.—In addition to the requirements of
1011 s. 1003.4282, in order to earn the Scholar designation, a
1012 student must satisfy the following requirements:
1013 1. English Language Arts (ELA).—Beginning with students
1014 entering grade 9 in the 2014-2015 school year, pass the
1015 statewide, standardized grade 11 ELA assessment.
1016 2. Mathematics.—Earn one credit in Algebra II and one
1017 credit in statistics or an equally rigorous course. Beginning
1018 with students entering grade 9 in the 2014-2015 school year,
1019 pass the Algebra II and Geometry statewide, standardized
1020 assessments.
1021 2.3. Science.—Pass the statewide, standardized Biology I
1022 EOC assessment and earn one credit in chemistry or physics and
1023 one credit in a course equally rigorous to chemistry or physics.
1024 However, a student enrolled in an Advanced Placement (AP),
1025 International Baccalaureate (IB), or Advanced International
1026 Certificate of Education (AICE) Biology course who takes the
1027 respective AP, IB, or AICE Biology assessment and earns the
1028 minimum score necessary to earn college credit as identified
1029 pursuant to s. 1007.27(2) meets the requirement of this
1030 subparagraph without having to take the statewide, standardized
1031 Biology I EOC assessment.
1032 3.4. Social studies.—Pass the statewide, standardized
1033 United States History EOC assessment. However, a student
1034 enrolled in an AP, IB, or AICE course that includes United
1035 States History topics who takes the respective AP, IB, or AICE
1036 assessment and earns the minimum score necessary to earn college
1037 credit as identified pursuant to s. 1007.27(2) meets the
1038 requirement of this subparagraph without having to take the
1039 statewide, standardized United States History EOC assessment.
1040 4.5. Foreign language.—Earn two credits in the same foreign
1041 language.
1042 5.6. Electives.—Earn at least one credit in an Advanced
1043 Placement, an International Baccalaureate, an Advanced
1044 International Certificate of Education, or a dual enrollment
1045 course.
1046 Section 14. Paragraph (c) of subsection (1) of section
1047 1012.22, Florida Statutes, is amended to read:
1048 1012.22 Public school personnel; powers and duties of the
1049 district school board.—The district school board shall:
1050 (1) Designate positions to be filled, prescribe
1051 qualifications for those positions, and provide for the
1052 appointment, compensation, promotion, suspension, and dismissal
1053 of employees as follows, subject to the requirements of this
1054 chapter:
1055 (c) Compensation and salary schedules.—
1056 1. Definitions.—As used in this paragraph, the term:
1057 a. “Adjustment” means an addition to the base salary
1058 schedule that is not a bonus and becomes part of the employee’s
1059 permanent base salary and shall be considered compensation under
1060 s. 121.021(22).
1061 b. “Grandfathered salary schedule” means the salary
1062 schedule or schedules adopted by a district school board before
1063 July 1, 2014, pursuant to subparagraph 4.
1064 c. “Instructional personnel” means instructional personnel
1065 as defined in s. 1012.01(2)(a)-(d), excluding substitute
1066 teachers.
1067 d. “Performance salary schedule” means the salary schedule
1068 or schedules adopted by a district school board pursuant to
1069 subparagraph 5.
1070 e. “Salary schedule” means the schedule or schedules used
1071 to provide the base salary for district school board personnel.
1072 f. “School administrator” means a school administrator as
1073 defined in s. 1012.01(3)(c).
1074 g. “Supplement” means an annual addition to the base salary
1075 for the term of the negotiated supplement as long as the
1076 employee continues his or her employment for the purpose of the
1077 supplement. A supplement does not become part of the employee’s
1078 continuing base salary but shall be considered compensation
1079 under s. 121.021(22).
1080 2. Cost-of-living adjustment.—A district school board may
1081 provide a cost-of-living salary adjustment if the adjustment:
1082 a. Does not discriminate among comparable classes of
1083 employees based upon the salary schedule under which they are
1084 compensated.
1085 b. Does not exceed 50 percent of the annual adjustment
1086 provided to instructional personnel rated as effective.
1087 3. Advanced degrees.—A district school board may not use
1088 advanced degrees in setting a salary schedule for instructional
1089 personnel or school administrators hired on or after July 1,
1090 2011, unless the advanced degree is held in the individual’s
1091 area of certification and is only a salary supplement.
1092 4. Grandfathered salary schedule.—
1093 a. The district school board shall adopt a salary schedule
1094 or salary schedules to be used as the basis for paying all
1095 school employees hired before July 1, 2014. Instructional
1096 personnel on annual contract as of July 1, 2014, shall be placed
1097 on the performance salary schedule adopted under subparagraph 5.
1098 Instructional personnel on continuing contract or professional
1099 service contract may opt into the performance salary schedule if
1100 the employee relinquishes such contract and agrees to be
1101 employed on an annual contract under s. 1012.335. Such an
1102 employee shall be placed on the performance salary schedule and
1103 may not return to continuing contract or professional service
1104 contract status. Any employee who opts into the performance
1105 salary schedule may not return to the grandfathered salary
1106 schedule.
1107 b. In determining the grandfathered salary schedule for
1108 instructional personnel, a district school board must base a
1109 portion of each employee’s compensation upon performance
1110 demonstrated under s. 1012.34 and shall provide differentiated
1111 pay for both instructional personnel and school administrators
1112 based upon district-determined factors, including, but not
1113 limited to, additional responsibilities, school demographics,
1114 critical shortage areas, and level of job performance
1115 difficulties.
1116 5. Performance salary schedule.—By July 1, 2014, the
1117 district school board shall adopt a performance salary schedule
1118 that provides annual salary adjustments for instructional
1119 personnel and school administrators based upon performance
1120 determined under s. 1012.34. Employees hired on or after July 1,
1121 2014, or employees who choose to move from the grandfathered
1122 salary schedule to the performance salary schedule shall be
1123 compensated pursuant to the performance salary schedule once
1124 they have received the appropriate performance evaluation for
1125 this purpose. However, a classroom teacher whose performance
1126 evaluation uses utilizes student learning growth measures
1127 established under s. 1012.34(7)(c)3. s. 1012.34(7)(e) shall
1128 remain under the grandfathered salary schedule until his or her
1129 teaching assignment changes to a subject for which there is a
1130 statewide, standardized assessment or district-required local an
1131 assessment or the school district establishes equally
1132 appropriate measures of student learning growth as defined under
1133 s. 1012.34 and rules of the State Board of Education.
1134 a. Base salary.—The base salary shall be established as
1135 follows:
1136 (I) The base salary for instructional personnel or school
1137 administrators who opt into the performance salary schedule
1138 shall be the salary paid in the prior year, including
1139 adjustments only.
1140 (II) Beginning July 1, 2014, instructional personnel or
1141 school administrators new to the district, returning to the
1142 district after a break in service without an authorized leave of
1143 absence, or appointed for the first time to a position in the
1144 district in the capacity of instructional personnel or school
1145 administrator shall be placed on the performance salary
1146 schedule.
1147 b. Salary adjustments.—Salary adjustments for highly
1148 effective or effective performance shall be established as
1149 follows:
1150 (I) The annual salary adjustment under the performance
1151 salary schedule for an employee rated as highly effective must
1152 be greater than the highest annual salary adjustment available
1153 to an employee of the same classification through any other
1154 salary schedule adopted by the district.
1155 (II) The annual salary adjustment under the performance
1156 salary schedule for an employee rated as effective must be equal
1157 to at least 50 percent and no more than 75 percent of the annual
1158 adjustment provided for a highly effective employee of the same
1159 classification.
1160 (III) The performance salary schedule shall not provide an
1161 annual salary adjustment for an employee who receives a rating
1162 other than highly effective or effective for the year.
1163 c. Salary supplements.—In addition to the salary
1164 adjustments, each district school board shall provide for salary
1165 supplements for activities that must include, but are not
1166 limited to:
1167 (I) Assignment to a Title I eligible school.
1168 (II) Assignment to a school that earned a grade of “F” or
1169 three consecutive grades of “D” pursuant to s. 1008.34 such that
1170 the supplement remains in force for at least 1 year following
1171 improved performance in that school.
1172 (III) Certification and teaching in critical teacher
1173 shortage areas. Statewide critical teacher shortage areas shall
1174 be identified by the State Board of Education under s. 1012.07.
1175 However, the district school board may identify other areas of
1176 critical shortage within the school district for purposes of
1177 this sub-sub-subparagraph and may remove areas identified by the
1178 state board which do not apply within the school district.
1179 (IV) Assignment of additional academic responsibilities.
1180
1181 If budget constraints in any given year limit a district school
1182 board’s ability to fully fund all adopted salary schedules, the
1183 performance salary schedule may shall not be reduced on the
1184 basis of total cost or the value of individual awards in a
1185 manner that is proportionally greater than reductions to any
1186 other salary schedules adopted by the district.
1187 Section 15. This act shall take effect upon becoming a law.