Florida Senate - 2015                                     SB 774
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00291A-15                                            2015774__
    1                        A bill to be entitled                      
    2         An act relating to education accountability; amending
    3         s. 1003.41, F.S.; providing that the English Language
    4         Arts (ELA) and Mathematics online assessments may not
    5         be fully implemented until certain technology
    6         infrastructure, connectivity, and capacity have been
    7         tested, verified, and certified as ready; requiring
    8         the Commissioner of Education to provide an
    9         alternative to online assessments in certain
   10         circumstances; amending s. 1008.22, F.S.; specifying
   11         that, for the purpose of the student assessment
   12         program, state and local student assessment programs
   13         must use the minimum amount of testing necessary;
   14         revising requirements for the administration of the
   15         ELA and Mathematics assessments; prohibiting the use
   16         of such assessments for promotion or retention
   17         purposes; prohibiting the use of the ELA assessment
   18         for graduation purposes; requiring the commissioner to
   19         provide an alternative, nonelectronic option for the
   20         administration and reporting of assessments under
   21         certain circumstances; providing that online
   22         assessments may not be implemented until certain
   23         technology infrastructure, connectivity, and capacity
   24         has been tested, verified, and certified as ready;
   25         revising requirements relating to local assessments,
   26         including certain student performance measurements,
   27         course content measurements, end-of-course
   28         assessments, and administration schedules; amending s.
   29         1008.30, F.S.; providing that the PSAT, SAT, and ACT
   30         are tests that may be accepted in lieu of a common
   31         placement test to assess student college readiness;
   32         authorizing, rather than requiring, high schools to
   33         evaluate student college readiness using the results
   34         of the test prescribed in this section under certain
   35         circumstances; amending s. 1008.31, F.S.; revising
   36         legislative intent regarding the state K-20 education
   37         performance accountability system; requiring the
   38         commissioner to notify the United States Department of
   39         Education regarding the transition period required to
   40         implement the new performance accountability system;
   41         requiring the system to be implemented in the 2016
   42         2017 school year; requiring school grades to be held
   43         in abeyance until the system is implemented; creating
   44         s. 1008.311, F.S.; providing legislative findings and
   45         intent regarding the state’s transition to the new
   46         system; amending s. 1008.34, F.S.; requiring that
   47         specified school grades and school improvement ratings
   48         be held in abeyance; authorizing the commissioner to
   49         reduce or eliminate intervention and support services
   50         for a school or an approved provider under certain
   51         circumstances; authorizing school districts to use
   52         other measures of student performance or concordant
   53         scores for certain purposes; removing a future repeal
   54         relating to the transition of the school grading
   55         system; amending s. 1008.345, F.S.; requiring the
   56         commissioner to continue his or her responsibility for
   57         implementing and maintaining a system of intensive
   58         school improvement and stringent education
   59         accountability during the transition period for
   60         implementing the new performance accountability
   61         system; amending s. 1008.385, F.S.; requiring the
   62         commissioner to publish technology requirements for
   63         school districts to facilitate online assessments;
   64         prohibiting the implementation of certain online
   65         assessments until certain technology infrastructure,
   66         connectivity, and capacity has been tested, verified,
   67         and certified as ready; requiring the commissioner to
   68         provide an alternative, nonelectronic option for the
   69         administration and reporting of assessments under
   70         certain circumstances, to submit a report on the
   71         implementation of technology requirements by school
   72         districts to the Legislature, and to recommend the
   73         level of funding for such technology requirements to
   74         the Legislature annually; requiring school districts
   75         to implement technology requirements for administering
   76         online assessments and to report to the commissioner
   77         its compliance with such requirements; amending s.
   78         1012.34, F.S.; revising the personnel evaluation
   79         procedures and criteria, including student learning
   80         assessments; authorizing school districts to measure
   81         student learning and performance using certain
   82         formulas; revising the rulemaking requirements the
   83         State Board of Education must adopt relating to
   84         evaluations; requiring the standards for each
   85         performance level to be established within a certain
   86         timeframe; amending s. 1012.3401, F.S.; revising
   87         personnel performance evaluations in relation to
   88         student learning or achievement; amending ss. 1001.03,
   89         1002.451, 1004.04, 1004.85, 1007.271, 1008.37,
   90         1012.22, 1012.341, and 1012.56, F.S.; conforming
   91         provisions to changes made by the act; providing an
   92         effective date.
   93          
   94  Be It Enacted by the Legislature of the State of Florida:
   95  
   96         Section 1. Present subsection (4) of section 1003.41,
   97  Florida Statutes, is redesignated as subsection (5), and a new
   98  subsection (4) is added to that section, to read:
   99         1003.41 Next Generation Sunshine State Standards.—
  100         (4) Full implementation of online assessments for Next
  101  Generation Sunshine State Standards in English Language Arts and
  102  mathematics adopted under this section shall occur only after
  103  the technology infrastructure, connectivity, and capacity of all
  104  public schools and school districts have been load tested,
  105  independently verified, and certified by the district school
  106  superintendents as ready for successful deployment and
  107  implementation. If a district school superintendent certifies
  108  that the school district or schools within that district are not
  109  ready to deploy and implement the online assessments, the
  110  Commissioner of Education shall provide an alternative,
  111  nonelectronic option to the school district for the successful
  112  and timely administration of assessments and the reporting of
  113  such assessment results to the Department of Education.
  114         Section 2. Subsection (1), paragraphs (a) and (d) of
  115  subsection (3), and subsections (4) and (6) of section 1008.22,
  116  Florida Statutes, are amended to read:
  117         1008.22 Student assessment program for public schools.—
  118         (1) PURPOSE.—The primary purpose of the student assessment
  119  program is to provide student academic achievement and learning
  120  gains data to students, parents, teachers, school
  121  administrators, and school district staff. This data is to be
  122  used by districts to improve instruction; by students, parents,
  123  and teachers to guide learning objectives; by education
  124  researchers to assess national and international education
  125  comparison data; and by the public to assess the cost benefit of
  126  the expenditure of taxpayer dollars. State and local student
  127  assessment programs must use the minimum amount of state and
  128  local testing required for students to accomplish the purposes
  129  of the program. The program must be designed to:
  130         (a) Assess the achievement level and annual learning gains
  131  of each student in English Language Arts and mathematics and the
  132  achievement level in all other subjects assessed.
  133         (b) Provide data for making decisions regarding school
  134  accountability, recognition, and improvement of operations and
  135  management, including schools operating for the purpose of
  136  providing educational services to youth in Department of
  137  Juvenile Justice programs.
  138         (c) Identify the educational strengths and needs of
  139  students and the readiness of students to be promoted to the
  140  next grade level or to graduate from high school.
  141         (d) Assess how well educational goals and curricular
  142  standards are met at the school, district, state, national, and
  143  international levels.
  144         (e) Provide information to aid in the evaluation and
  145  development of educational programs and policies.
  146         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
  147  Commissioner of Education shall design and implement a
  148  statewide, standardized assessment program aligned to the core
  149  curricular content established in the Next Generation Sunshine
  150  State Standards. The commissioner also must develop or select
  151  and implement a common battery of assessment tools that will be
  152  used in all juvenile justice education programs in the state.
  153  These tools must accurately measure the core curricular content
  154  established in the Next Generation Sunshine State Standards.
  155  Participation in the assessment program is mandatory for all
  156  school districts and all students attending public schools,
  157  including adult students seeking a standard high school diploma
  158  under s. 1003.4282 and students in Department of Juvenile
  159  Justice education programs, except as otherwise provided by law.
  160  If a student does not participate in the assessment program, the
  161  school district must notify the student’s parent and provide the
  162  parent with information regarding the implications of such
  163  nonparticipation. The statewide, standardized assessment program
  164  shall be designed and implemented as follows:
  165         (a) Statewide, standardized comprehensive assessments.—The
  166  English Language Arts (ELA) assessment, including the statewide,
  167  standardized Reading assessment shall be administered annually
  168  in grades 3 through 10. The statewide, standardized Writing
  169  component, assessment shall be administered annually at least
  170  once at the elementary, middle, and high school levels. When the
  171  Reading and Writing assessments are replaced by English Language
  172  Arts (ELA) assessments, ELA assessments shall be administered
  173  annually to students in grades 3 through 10 11. Retake
  174  opportunities for the grade 10 Reading assessment or, upon
  175  implementation, the grade 10 ELA assessment must be provided.
  176  Students taking the ELA assessments may shall not take the
  177  statewide, standardized assessments in Reading or Writing. ELA
  178  assessments may be, but are not required to be, shall be
  179  administered online. The statewide, standardized Mathematics
  180  assessments shall be administered annually in grades 3 through
  181  8. Students taking a revised Mathematics assessment may shall
  182  not take the discontinued assessment. The statewide,
  183  standardized Science assessment shall be administered annually
  184  at least once annually at the elementary grades level and the
  185  middle grades levels. In order to earn a standard high school
  186  diploma, a student who has not earned a passing score on the
  187  grade 10 Reading assessment or, upon implementation, the grade
  188  10 ELA assessment must earn a passing score on the assessment
  189  retake or earn a concordant score as authorized under subsection
  190  (7).
  191         1. The ELA assessment may not be used as a requirement for
  192  graduation, promotion, or retention during the transition period
  193  from the administration of the FCAT to a statewide, standardized
  194  ELA assessment. The 2016-2017 school year is the first year that
  195  the ELA assessment may be used for graduation, promotion, or
  196  retention purposes. Until the 2016-2017 school year, a
  197  concordant score may be used as provided in subsection (7) to
  198  satisfy high school graduation requirements. For promotion and
  199  retention purposes, the school district may use a variety of
  200  assessments to quantify student performance in English Language
  201  Arts or reading.
  202         2. The Mathematics assessment administered in grades 3
  203  through 8 may not be used as a requirement for promotion or
  204  retention during the transition period from the administration
  205  of the FCAT to a statewide, standardized Mathematics assessment.
  206  The 2016-2017 school year is the first year that the Mathematics
  207  assessment may be used for promotion or retention purposes.
  208  Until the 2016-2017 school year, the school district may use a
  209  variety of assessments to quantify student performance in
  210  mathematics.
  211         3. Until the 2016-2017 school year, the commissioner shall
  212  provide an alternative, nonelectronic option for the
  213  administration of the ELA statewide, standardized assessment,
  214  including Writing, and the Mathematics statewide, standardized
  215  assessment. The nonelectronic option shall be provided in order
  216  to ensure that students have adequate time to develop the word
  217  processing and computer skills to take the statewide,
  218  standardized assessment and that districts have the capacity on
  219  both the school and district levels to administer the assessment
  220  as an online assessment.
  221         (d) Implementation schedule.—
  222         1. The Commissioner of Education shall establish and
  223  publish on the department’s website an implementation schedule
  224  to transition from the statewide, standardized Reading and
  225  Writing assessments to the ELA assessments and to the revised
  226  Mathematics assessments, including the Algebra I and Geometry
  227  EOC assessments. The schedule must take into consideration
  228  funding, sufficient field and baseline data, access to
  229  assessments, instructional alignment, and school district
  230  readiness to administer the assessments online.
  231         2. The Department of Education shall publish minimum and
  232  recommended technology requirements that include specifications
  233  for hardware, software, networking, security, and broadband
  234  capacity to facilitate school district compliance with the
  235  requirement that assessments be administered online.
  236         3. The technology infrastructure, connectivity, and
  237  capacity of all public schools and school districts that
  238  administer statewide standardized assessments pursuant to this
  239  section, including online assessments, shall be load tested,
  240  independently verified as appropriate, and certified by the
  241  district school superintendent as adequate, efficient, and
  242  sustainable. If a district school superintendent certifies that
  243  the school district or schools within that district are not
  244  ready, the Commissioner of Education shall provide an
  245  alternative, nonelectronic option to the school district for the
  246  successful and timely administration of assessments and the
  247  reporting of such assessment results to the Department of
  248  Education.
  249         (4) SCHOOL ASSESSMENT PROGRAMS.—Each public school shall
  250  participate in the statewide, standardized assessment program in
  251  accordance with the assessment and reporting schedules and the
  252  minimum and recommended technology requirements published by the
  253  Commissioner of Education. However, if a district school
  254  superintendent certifies that the school district or schools
  255  within that district are not ready, the commissioner shall
  256  provide an alternative, nonelectronic option to the school
  257  district for the successful and timely administration of
  258  assessments and the reporting of such assessment results to the
  259  Department of Education. District school boards may shall not
  260  establish school calendars that conflict with or jeopardize
  261  implementation of the assessment program. All district school
  262  boards shall report assessment results as required by the state
  263  management information system. Performance data shall be
  264  analyzed and reported to parents, the community, and the state.
  265  Student performance data shall be used by districts in
  266  developing objectives for the school improvement plan,
  267  evaluating instructional personnel and administrative personnel,
  268  assigning staff, allocating resources, acquiring instructional
  269  materials and technology, implementing performance-based
  270  budgeting, and promoting and assigning students to educational
  271  programs. The analysis of student performance data must also
  272  identify strengths and needs in the educational program and
  273  trends over time. The analysis must be used in conjunction with
  274  the budgetary planning processes developed pursuant to s.
  275  1008.385 and the development of remediation programs.
  276         (6) LOCAL ASSESSMENTS.—
  277         (a) Measurement of student performance is the
  278  responsibility of school districts except in those subjects and
  279  grade levels measured under the statewide, standardized
  280  assessment program described in this section in all subjects and
  281  grade levels, except those subjects and grade levels measured
  282  under the statewide, standardized assessment program described
  283  in this section, is the responsibility of the school districts.
  284         (b) Except for those subjects and grade levels measured
  285  under the statewide, standardized assessment program, beginning
  286  with the 2014-2015 school year, each school district shall
  287  administer for each course offered in the district a local
  288  assessment that measures student mastery of course content at
  289  the necessary level of rigor for the course. As adopted pursuant
  290  to State Board of Education rule, course content is set forth in
  291  the state standards required by s. 1003.41 and in the course
  292  description. Local assessments that measure course content set
  293  forth in the state standards may include:
  294         1. Statewide assessments.
  295         2. Other standardized assessments, including nationally
  296  recognized standardized assessments.
  297         3. Industry certification assessments.
  298         4. District-developed or district-selected end-of-course
  299  assessments.
  300         5. Teacher-selected or principal-selected assessments.
  301         (c) Each district school board must adopt policies for
  302  selection, development, administration, and scoring of local
  303  assessments and for collection of assessment results. Local
  304  assessments implemented under subparagraphs (b)4. and 5. may
  305  include a variety of assessment formats, including, but not
  306  limited to, project-based assessments, adjudicated performances,
  307  and practical application assignments. Teacher-selected or
  308  principal-selected end-of-course assessments used for all
  309  English Language Arts, mathematics, science, and social studies
  310  courses offered in the district that are used to meet graduation
  311  requirements under s. 1002.3105, s. 1003.4281, or s. 1003.4282
  312  and that are not otherwise assessed by statewide, standardized
  313  assessments must be approved by the district school
  314  superintendent or his or her designee For all English Language
  315  Arts, mathematics, science, and social studies courses offered
  316  in the district that are used to meet graduation requirements
  317  under s. 1002.3105, s. 1003.4281, or s. 1003.4282 and that are
  318  not otherwise assessed by statewide, standardized assessments,
  319  the district school board must select the assessments described
  320  in subparagraphs (b)1.-4.
  321         (d) The Commissioner of Education shall identify methods to
  322  assist and support districts in the development and acquisition
  323  of assessments required under this subsection. Methods may
  324  include developing item banks, facilitating the sharing of
  325  developed tests among school districts, acquiring assessments
  326  from state and national curriculum-area organizations, and
  327  providing technical assistance in best professional practices of
  328  test development based upon state-adopted curriculum standards,
  329  administration, and security.
  330         (e) Each school district shall establish schedules for the
  331  administration of any state- and district-mandated assessment.
  332  The schedules must identify the statutory requirement for all
  333  mandated assessments. Each school district shall and approve the
  334  schedules as an agenda item at a district school board meeting.
  335  The school district shall publish the testing schedules on its
  336  website, clearly specifying the state- and district-mandated
  337  assessments, and report the schedules to the Department of
  338  Education by October 1 of each year.
  339         Section 3. Section 1008.30, Florida Statutes, is amended to
  340  read:
  341         1008.30 Postsecondary readiness Common placement testing
  342  for public postsecondary education.—
  343         (1) The State Board of Education, in conjunction with the
  344  Board of Governors, shall develop and implement a common
  345  placement test for the purpose of assessing the basic
  346  computation and communication skills of students who intend to
  347  enter a degree program at any public postsecondary educational
  348  institution. Alternative assessments that may be accepted in
  349  lieu of the common placement test shall also be identified in
  350  rule. The PSAT, SAT, and ACT are tests that may be used. Public
  351  postsecondary educational institutions shall provide appropriate
  352  modifications of the test instruments or test procedures for
  353  students with disabilities.
  354         (2) The test must common placement testing program shall
  355  include the capacity to diagnose basic competencies in the areas
  356  of English, reading, and mathematics which are essential for
  357  success in meta-majors and to provide test information to
  358  students on the specific skills the student needs to attain.
  359         (3) The State Board of Education shall adopt rules that
  360  authorize require high schools to evaluate before the beginning
  361  of grade 12 the college readiness of each student who scores
  362  Level 2 or Level 3 on grade 10 FCAT Reading or the English
  363  Language Arts assessment under s. 1008.22, as applicable, or
  364  Level 2, Level 3, or Level 4 on the Algebra I assessment under
  365  s. 1008.22. High schools may shall perform this evaluation using
  366  results from the corresponding component of the common placement
  367  test prescribed in this section, or an alternative test
  368  identified by the State Board of Education. The high school may
  369  shall use the results of the test to advise the students of any
  370  identified deficiencies and to provide 12th grade students with,
  371  and strongly encourage require them to complete, appropriate
  372  postsecondary preparatory instruction before high school
  373  graduation. The curriculum provided under this subsection shall
  374  be identified in rule by the State Board of Education and
  375  encompass Florida’s Postsecondary Readiness Competencies. Other
  376  elective courses may not be substituted for the selected
  377  postsecondary mathematics, reading, writing, or English Language
  378  Arts preparatory course unless the elective course covers the
  379  same competencies included in the postsecondary mathematics,
  380  reading, writing, or English Language Arts preparatory course.
  381         (4) By October 31, 2013, the State Board of Education shall
  382  establish by rule the test scores a student must achieve to
  383  demonstrate readiness to perform college-level work, and the
  384  rules must specify the following:
  385         (a) A student who entered 9th grade in a Florida public
  386  school in the 2003-2004 school year, or any year thereafter, and
  387  earned a Florida standard high school diploma or a student who
  388  is serving as an active duty member of any branch of the United
  389  States Armed Services may shall not be required to take the
  390  common placement test and may shall not be required to enroll in
  391  developmental education instruction in a Florida College System
  392  institution. However, a student who is not required to take the
  393  common placement test and is not required to enroll in
  394  developmental education under this paragraph may opt to be
  395  assessed and to enroll in developmental education instruction,
  396  and the college shall provide such assessment and instruction
  397  upon the student’s request.
  398         (b) A student who takes the common placement test and whose
  399  score on the test indicates a need for developmental education
  400  must be advised of all the developmental education options
  401  offered at the institution and, after advisement, shall be
  402  allowed to enroll in the developmental education option of his
  403  or her choice.
  404         (c) A student who demonstrates readiness by achieving or
  405  exceeding the test scores established by the state board and
  406  enrolls in a Florida College System institution within 2 years
  407  after achieving such scores may shall not be required to retest
  408  or complete developmental education when admitted to any Florida
  409  College System institution.
  410         (5) By December 31, 2013, the State Board of Education, in
  411  consultation with the Board of Governors, shall approve a series
  412  of meta-majors and the academic pathways that identify the
  413  gateway courses associated with each meta-major. Florida College
  414  System institutions shall use placement test results to
  415  determine the extent to which each student demonstrates
  416  sufficient communication and computation skills to indicate
  417  readiness for his or her chosen meta-major. Florida College
  418  System institutions shall counsel students into college credit
  419  courses as quickly as possible, with developmental education
  420  limited to that content needed for success in the meta-major.
  421         (6)(a) Each Florida College System institution board of
  422  trustees shall develop a plan to implement the developmental
  423  education strategies defined in s. 1008.02 and rules established
  424  by the State Board of Education. The plan must be submitted to
  425  the Chancellor of the Florida College System for approval no
  426  later than March 1, 2014, for implementation no later than the
  427  fall semester 2014. Each plan must include, at a minimum, local
  428  policies that outline:
  429         1. Documented student achievements such as grade point
  430  averages, work history, military experience, participation in
  431  juried competitions, career interests, degree major declaration,
  432  or any combination of such achievements that the institution may
  433  consider, in addition to common placement test scores, for
  434  advising students regarding enrollment options.
  435         2. Developmental education strategies available to
  436  students.
  437         3. A description of student costs and financial aid
  438  opportunities associated with each option.
  439         4. Provisions for the collection of student success data.
  440         5. A comprehensive plan for advising students into
  441  appropriate developmental education strategies based on student
  442  success data.
  443         (b) Beginning October 31, 2015, each Florida College System
  444  institution shall annually prepare an accountability report that
  445  includes student success data relating to each developmental
  446  education strategy implemented by the institution. The report
  447  shall be submitted to the Division of Florida Colleges by
  448  October 31 in a format determined by the Chancellor of the
  449  Florida College System. By December 31, the chancellor shall
  450  compile and submit the institutional reports to the Governor,
  451  the President of the Senate, the Speaker of the House of
  452  Representatives, and the State Board of Education.
  453         (c) A university board of trustees may contract with a
  454  Florida College System institution board of trustees for the
  455  Florida College System institution to provide developmental
  456  education on the state university campus. Any state university
  457  in which the percentage of incoming students requiring
  458  developmental education equals or exceeds the average percentage
  459  of such students for the Florida College System may offer
  460  developmental education without contracting with a Florida
  461  College System institution; however, any state university
  462  offering college-preparatory instruction as of January 1, 1996,
  463  may continue to provide such services.
  464         (7) A student may not be enrolled in a college credit
  465  mathematics or English course on a dual enrollment basis unless
  466  the student has demonstrated adequate precollegiate preparation
  467  on the section of the basic computation and communication skills
  468  assessment required pursuant to subsection (1) that is
  469  appropriate for successful student participation in the course.
  470         Section 4. Subsection (1) of section 1008.31, Florida
  471  Statutes, is amended to read:
  472         1008.31 Florida’s K-20 education performance accountability
  473  system; legislative intent; mission, goals, and systemwide
  474  measures; data quality improvements.—
  475         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  476  that:
  477         (a) The performance accountability system implemented to
  478  assess the effectiveness of Florida’s seamless K-20 education
  479  delivery system provide answers to the following questions in
  480  relation to its mission and goals:
  481         1. What is the public receiving in return for funds it
  482  invests in education?
  483         2. How effectively is Florida’s K-20 education system
  484  educating its students?
  485         3. How effectively are the major delivery sectors promoting
  486  student achievement?
  487         4. How are individual schools and postsecondary education
  488  institutions performing their responsibility to educate their
  489  students as measured by how students are performing and how much
  490  they are learning?
  491         (b) The K-20 education performance accountability system be
  492  established as a single, unified accountability system with
  493  multiple components, including, but not limited to, student
  494  performance in public schools and school and district grades.
  495         (c) The K-20 education performance accountability system
  496  comply with the requirements of the “No Child Left Behind Act of
  497  2001,” Pub. L. No. 107-110, and the Individuals with
  498  Disabilities Education Act (IDEA). The Commissioner of Education
  499  shall notify the United States Department of Education regarding
  500  the transition period required to implement the new performance
  501  accountability system in order to maintain compliance with or be
  502  granted a waiver from the requirements of the “No Child Left
  503  Behind Act of 2001.”
  504         (d) Notwithstanding any other law, the K-12 education
  505  performance accountability system is in transition for the 2014
  506  2015 and 2015-2016 school years, and the new performance
  507  accountability system shall be fully implemented during the
  508  2016-2017 school year. During the 2-year transition period,
  509  school grades shall be held in abeyance.
  510         (e)(d) The State Board of Education and the Board of
  511  Governors of the State University System recommend to the
  512  Legislature systemwide performance standards; the Legislature
  513  establish systemwide performance measures and standards; and the
  514  systemwide measures and standards provide Floridians with
  515  information on what the public is receiving in return for the
  516  funds it invests in education and how well the K-20 system
  517  educates its students.
  518         (f)(e)1. The State Board of Education establish performance
  519  measures and set performance standards for individual public
  520  schools and Florida College System institutions, with measures
  521  and standards based primarily on student achievement.
  522         2. The Board of Governors of the State University System
  523  establish performance measures and set performance standards for
  524  individual state universities, including actual completion
  525  rates.
  526         Section 5. Section 1008.311, Florida Statutes, is created
  527  to read:
  528         1008.311 Transition education accountability system.—
  529         (1)LEGISLATIVE FINDINGS.—The Legislature finds that:
  530         (a) Public education is a critical component to this
  531  state’s continued economic growth.
  532         (b) This state has been a leader in the development and
  533  implementation of a rigorous education accountability system.
  534  This system is an important component to ensuring that students
  535  are prepared for the world of work and postsecondary education
  536  and is the foundation for an evaluation and performance pay
  537  system for teachers and administrators and for the issuance of
  538  school and district grades.
  539         (c)One of the consequences of using a new statewide,
  540  standardized assessment with the accompanying teacher evaluation
  541  system and school grades is the outcry by parents and teachers
  542  of too much testing. While testing is a critical component of
  543  education and one way of measuring student learning, testing
  544  should not define the system.
  545         (d)This state’s accountability system continues to be in
  546  transition with the implementation of new salary schedules for
  547  teachers and performance pay for teachers and administrators;
  548  the administration of a new statewide, standardized assessment
  549  in spring 2015; and the issuance of school grades in fall 2015.
  550         (e)The infrastructure of the accountability system is not
  551  yet in place, including appropriate professional development,
  552  availability of instructional materials tied to the standards,
  553  availability and mastery of technology for students to be
  554  successful on the new statewide assessment, and the capacity for
  555  districts to administer the assessment.
  556         (f)School districts have not had the resources or the
  557  technical assistance necessary to develop valid and reliable
  558  local assessments both to measure student performance and to
  559  apply them as part of the teacher evaluation system.
  560         (2) LEGISLATIVE INTENT.—Therefore, it is the intent of the
  561  Legislature that:
  562         (a)The transition to a new accountability system continue
  563  by affording students, teachers, and school districts more time
  564  to implement the various components of the accountability
  565  system.
  566         (b)The assessment requirements shall be refined to reduce
  567  the number of required state and district assessments.
  568         (c)The grade 11 statewide, standardized English Language
  569  Arts assessment, including Writing, shall be eliminated since
  570  the grade 10 assessment is the high school graduation
  571  requirement.
  572         (d)The PSAT, ACT, or SAT may be used in lieu of the common
  573  placement test.
  574         (e)The overall number of assessments shall be reduced by
  575  modifying the teacher evaluation system.
  576         (f)A new accountability system shall be implemented during
  577  a 2-year transition period in order to ensure that the new
  578  standards are thoroughly incorporated in all grades and subject
  579  areas; that instructional materials are available and aligned to
  580  the standards; that technology is available for instruction in,
  581  and assessment on, the new standards; that teachers and
  582  administrators receive sufficient professional development in
  583  the new standards; and that the new assessment is aligned to the
  584  new standards. Student performance on the new assessment shall
  585  be reported and used to make decisions on graduation, promotion,
  586  and retention. However, performance on the new assessment may
  587  not be the sole determinant for graduation, promotion, or
  588  retention. A new performance accountability system shall be in
  589  place for the 2016-2017 school year.
  590         (g)The school grading system shall be held in abeyance for
  591  the 2014-2015 and 2015-2016 school years. However, student
  592  performance on the new assessment and other statewide
  593  assessments shall be reported to the public in a format that is
  594  easily understood. Low-performing schools must continue to
  595  receive additional focus and resources.
  596         (h)The teacher evaluation system shall be modified to
  597  reflect the implementation of the new performance accountability
  598  system. The percentage of the evaluation based on student
  599  performance shall be modified. Performance pay requirements may
  600  be suspended, but school districts may continue or implement
  601  performance pay systems that have been adopted.
  602         Section 6. Paragraphs (b) and (c) of subsection (1),
  603  paragraph (b) of subsection (3), and subsection (7) of section
  604  1008.34, Florida Statutes, are amended to read:
  605         1008.34 School grading system; school report cards;
  606  district grade.—
  607         (1) DEFINITIONS.—For purposes of the statewide,
  608  standardized assessment program and school grading system, the
  609  following terms are defined:
  610         (b) “Learning Gains,” “annual learning gains,” or “student
  611  learning gains” means the degree of student learning growth
  612  occurring from one school year to the next as required by state
  613  board rule for purposes of calculating school grades under this
  614  section.
  615         (c) “Student performance,” “student academic performance,”
  616  or “academic performance” includes, but is not limited to,
  617  student learning growth, achievement levels, and Learning Gains
  618  on statewide, standardized assessments administered pursuant to
  619  s. 1008.22.
  620         (3) DESIGNATION OF SCHOOL GRADES.—
  621         (b)1. Beginning with the 2014-2015 school year, a school’s
  622  grade shall be based on the following components, each worth 100
  623  points:
  624         a. The percentage of eligible students passing statewide,
  625  standardized assessments in English Language Arts under s.
  626  1008.22(3).
  627         b. The percentage of eligible students passing statewide,
  628  standardized assessments in mathematics under s. 1008.22(3).
  629         c. The percentage of eligible students passing statewide,
  630  standardized assessments in science under s. 1008.22(3).
  631         d. The percentage of eligible students passing statewide,
  632  standardized assessments in social studies under s. 1008.22(3).
  633         e. The percentage of eligible students who make Learning
  634  Gains in English Language Arts as measured by statewide,
  635  standardized assessments administered under s. 1008.22(3).
  636         f. The percentage of eligible students who make Learning
  637  Gains in mathematics as measured by statewide, standardized
  638  assessments administered under s. 1008.22(3).
  639         g. The percentage of eligible students in the lowest 25
  640  percent in English Language Arts, as identified by prior year
  641  performance on statewide, standardized assessments, who make
  642  Learning Gains as measured by statewide, standardized English
  643  Language Arts assessments administered under s. 1008.22(3).
  644         h. The percentage of eligible students in the lowest 25
  645  percent in mathematics, as identified by prior year performance
  646  on statewide, standardized assessments, who make Learning Gains
  647  as measured by statewide, standardized Mathematics assessments
  648  administered under s. 1008.22(3).
  649         i. For schools comprised of middle grades 6 through 8 or
  650  grades 7 and 8, the percentage of eligible students passing high
  651  school level statewide, standardized end-of-course assessments
  652  or attaining national industry certifications identified in the
  653  Industry Certification Funding List pursuant to rules adopted by
  654  the State Board of Education.
  655  
  656  In calculating Learning Gains for the components listed in sub
  657  subparagraphs e.-h., the State Board of Education shall require
  658  that learning growth toward achievement levels 3, 4, and 5 is
  659  demonstrated by students who scored below each of those levels
  660  in the prior year. In calculating the components in sub
  661  subparagraphs a.-d., the state board shall include the
  662  performance of English language learners only if they have been
  663  enrolled in a school in the United States for more than 2 years.
  664         2. For a school comprised of grades 9, 10, 11, and 12, or
  665  grades 10, 11, and 12, the school’s grade shall also be based on
  666  the following components, each worth 100 points:
  667         a. The 4-year high school graduation rate of the school as
  668  defined by state board rule.
  669         b. The percentage of students who were eligible to earn
  670  college and career credit through College Board Advanced
  671  Placement examinations, International Baccalaureate
  672  examinations, dual enrollment courses, or Advanced International
  673  Certificate of Education examinations; or who, at any time
  674  during high school, earned national industry certification
  675  identified in the Industry Certification Funding List, pursuant
  676  to rules adopted by the state board.
  677         (7) TRANSITION.—School grades and school improvement
  678  ratings pursuant to s. 1008.341 shall be held in abeyance for
  679  the 2014-2015 and 2015-2016 school years. Performance on the new
  680  statewide, standardized assessments administered pursuant to s.
  681  1008.22 shall serve as an informational baseline for diagnostic
  682  purposes in working toward improved performance in future years.
  683  School grades and school improvement ratings pursuant to s.
  684  1008.341 for the 2013-2014 school year shall be calculated based
  685  on statutes and rules in effect on June 30, 2014. To assist in
  686  the transition to 2014-2015 school grades, calculated based on
  687  new statewide, standardized assessments administered pursuant to
  688  s. 1008.22, the 2014-2015 school grades shall serve as an
  689  informational baseline for schools to work toward improved
  690  performance in future years. Accordingly, notwithstanding any
  691  other provision of law:
  692         (a) A school may not be required to select and implement a
  693  turnaround option pursuant to s. 1008.33 in the 2015-2016 or
  694  2016-2017 school year school year based on the school’s 2014
  695  2015 grade or school improvement rating under s. 1008.341, as
  696  applicable.
  697         (b)1. A school or approved provider under s. 1002.45 that
  698  receives the same or a lower school grade or school improvement
  699  rating for the 2014-2015 school year compared to the 2013-2014
  700  school year is not subject to sanctions or penalties that would
  701  otherwise occur as a result of the 2014-2015 or 2015-2016 school
  702  grades or ratings grade or rating. A charter school system or a
  703  school district designated as high performing may not lose the
  704  designation due to the school grades being held in abeyance for
  705  the 2014-2015 and 2015-2016 school years for based on the 2014
  706  2015 school grades of any of the schools within the charter
  707  school system or school district, as applicable.
  708         2. The Commissioner of Education may reduce or eliminate
  709  intervention and support services required pursuant to s.
  710  1008.33 for the 2015-2016 and 2016-2017 school years, based upon
  711  quantifiable increases in student performance for a school or
  712  approved provider under s. 1002.45.
  713         3.2. The Florida School Recognition Program established
  714  under s. 1008.36 shall continue to be implemented as otherwise
  715  provided in the General Appropriations Act.
  716         (c) For purposes of determining grade 3 retention pursuant
  717  to s. 1008.25(5) and high school graduation pursuant to s.
  718  1003.4282, student performance on the 2014-2015 statewide,
  719  standardized assessments shall be linked to 2013-2014 student
  720  performance expectations. School districts may also use other
  721  quantifiable measures of student performance or concordant
  722  scores on approved examinations for purposes of determining
  723  grade 3 retention pursuant to s. 1008.25(5) and high school
  724  graduation pursuant to s. 1003.4282.
  725  
  726  This subsection is repealed July 1, 2017.
  727         Section 7. Subsection (1), paragraphs (a), (b), and (c) of
  728  subsection (5), and paragraph (d) of subsection (6) of section
  729  1008.345, Florida Statutes, are amended to read:
  730         1008.345 Implementation of state system of school
  731  improvement and education accountability.—
  732         (1) The Commissioner of Education is responsible for
  733  implementing and maintaining a system of intensive school
  734  improvement and stringent education accountability and must
  735  continue to do so during the transition period for implementing
  736  the new performance accountability system pursuant to s.
  737  1008.31(1). The system of intensive school improvement and
  738  stringent education accountability must, which shall include
  739  policies and programs to implement the following:
  740         (a) A system of data collection and analysis that will
  741  improve information about the educational success of individual
  742  students and schools, including schools operating for the
  743  purpose of providing educational services to youth in Department
  744  of Juvenile Justice programs. The information and analyses must
  745  be capable of identifying educational programs or activities in
  746  need of improvement, and reports prepared pursuant to this
  747  paragraph shall be distributed to the appropriate district
  748  school boards prior to distribution to the general public. This
  749  provision shall not preclude access to public records as
  750  provided in chapter 119.
  751         (b) A program of school improvement that will analyze
  752  information to identify schools, including schools operating for
  753  the purpose of providing educational services to youth in
  754  Department of Juvenile Justice programs, educational programs,
  755  or educational activities in need of improvement.
  756         (c) A method of delivering services to assist school
  757  districts and schools to improve, including schools operating
  758  for the purpose of providing educational services to youth in
  759  Department of Juvenile Justice programs.
  760         (d) A method of coordinating with the state educational
  761  goals and school improvement plans any other state program that
  762  creates incentives for school improvement.
  763         (5) The commissioner shall report to the Legislature and
  764  recommend changes in state policy necessary to foster school
  765  improvement and education accountability. The report shall
  766  include:
  767         (a) For each school district:
  768         1. The percentage of students, by school and grade level,
  769  demonstrating learning growth in English Language Arts and
  770  mathematics.
  771         2. The percentage of students, by school and grade level,
  772  in both the highest and lowest quartiles demonstrating learning
  773  growth in English Language Arts and mathematics.
  774         (b) Intervention and support strategies used by school
  775  boards whose students in both the highest and lowest quartiles
  776  exceed the statewide average learning growth for students in
  777  those quartiles.
  778         (c) Intervention and support strategies used by school
  779  boards whose schools provide educational services to youth in
  780  Department of Juvenile Justice programs that demonstrate
  781  learning growth in English Language Arts and mathematics that
  782  exceeds the statewide average learning growth for students in
  783  those subjects.
  784  
  785  School reports shall be distributed pursuant to this subsection
  786  and s. 1001.42(18)(c) and according to rules adopted by the
  787  State Board of Education.
  788         (6)
  789         (d) The commissioner shall assign a community assessment
  790  team to each school district or governing board with a school
  791  that earned a grade of “F” or three consecutive grades of “D”
  792  pursuant to s. 1008.34 or that is determined to be low
  793  performing by the commissioner during the transition period for
  794  implementing the new performance accountability system under s.
  795  1008.31(1) to review the school performance data and determine
  796  causes for the low performance, including the role of school,
  797  area, and district administrative personnel. The community
  798  assessment team shall review a high school’s graduation rate
  799  calculated without high school equivalency diploma recipients
  800  for the past 3 years, disaggregated by student ethnicity. The
  801  team shall make recommendations to the school board or the
  802  governing board and to the State Board of Education which
  803  address the causes of the school’s low performance and may be
  804  incorporated into the school improvement plan. The assessment
  805  team shall include, but not be limited to, a department
  806  representative, parents, business representatives, educators,
  807  representatives of local governments, and community activists,
  808  and shall represent the demographics of the community from which
  809  they are appointed.
  810         Section 8. Paragraphs (a) and (b) of subsection (2) of
  811  section 1008.385, Florida Statutes, are amended to read:
  812         1008.385 Educational planning and information systems.—
  813         (2) COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.—The
  814  Commissioner of Education shall develop and implement an
  815  integrated information system for educational management. The
  816  system must be designed to collect, via electronic transfer, all
  817  student and school performance data required to ascertain the
  818  degree to which schools and school districts are meeting state
  819  performance standards, and must be capable of producing data for
  820  a comprehensive annual report on school and district
  821  performance. In addition, the system shall support, as feasible,
  822  the management decisions to be made in each division of the
  823  department and at the individual school and district levels.
  824  Similar data elements among divisions and levels shall be
  825  compatible. The system shall be based on an overall conceptual
  826  design; the information needed for such decisions, including
  827  fiscal, student, program, personnel, facility, community,
  828  evaluation, and other relevant data; and the relationship
  829  between cost and effectiveness. The system shall be managed and
  830  administered by the commissioner and shall include a district
  831  subsystem component to be administered at the district level,
  832  with input from the reports-and-forms control management
  833  committees. Each district school system with a unique management
  834  information system shall assure that compatibility exists
  835  between its unique system and the district component of the
  836  state system so that all data required as input to the state
  837  system is made available via electronic transfer and in the
  838  appropriate input format.
  839         (a) The specific responsibilities of the commissioner shall
  840  include:
  841         1. Consulting with school district representatives in the
  842  development of the system design model and implementation plans
  843  for the management information system for public school
  844  education management;
  845         2. Providing operational definitions for the proposed
  846  system, including criteria for issuing and revoking master
  847  school identification numbers to support the maintenance of
  848  education records, to enforce and support education
  849  accountability, to support the distribution of funds to school
  850  districts, to support the preparation and analysis of school
  851  district financial reports, and to assist the commissioner in
  852  carrying out the duties specified in ss. 1001.10 and 1001.11;
  853         3. Determining the information and specific data elements
  854  required for the management decisions made at each educational
  855  level, recognizing that the primary unit for information input
  856  is the individual school and recognizing that time and effort of
  857  instructional personnel expended in collection and compilation
  858  of data should be minimized;
  859         4. Developing standardized terminology and procedures to be
  860  followed at all levels of the system;
  861         5. Developing a standard transmittal format to be used for
  862  collection of data from the various levels of the system;
  863         6. Developing appropriate computer programs to assure
  864  integration of the various information components dealing with
  865  students, personnel, facilities, fiscal, program, community, and
  866  evaluation data;
  867         7. Developing the necessary programs to provide statistical
  868  analysis of the integrated data provided in subparagraph 6. in
  869  such a way that required reports may be disseminated,
  870  comparisons may be made, and relationships may be determined in
  871  order to provide the necessary information for making management
  872  decisions at all levels;
  873         8. Developing output report formats which will provide
  874  district school systems with information for making management
  875  decisions at the various educational levels;
  876         9. Developing a phased plan for distributing computer
  877  services equitably among all public schools and school districts
  878  in the state as rapidly as possible. The plan shall describe
  879  alternatives available to the state in providing such computing
  880  services and shall contain estimates of the cost of each
  881  alternative, together with a recommendation for action. In
  882  developing the plan, the feasibility of shared use of computing
  883  hardware and software by school districts, Florida College
  884  System institutions, and universities shall be examined. Laws or
  885  administrative rules regulating procurement of data processing
  886  equipment, communication services, or data processing services
  887  by state agencies shall not be construed to apply to local
  888  agencies which share computing facilities with state agencies;
  889         10. Assisting the district school systems in establishing
  890  their subsystem components and assuring compatibility with
  891  current district systems;
  892         11. Establishing procedures for continuous evaluation of
  893  system efficiency and effectiveness;
  894         12. Initiating a reports-management and forms-management
  895  system to ascertain that duplication in collection of data does
  896  not exist and that forms and reports for reporting under state
  897  and federal requirements and other forms and reports are
  898  prepared in a logical and uncomplicated format, resulting in a
  899  reduction in the number and complexity of required reports,
  900  particularly at the school level; and
  901         13.Publishing minimum recommended technology requirements
  902  that include specifications for hardware, software, networking,
  903  security, and broadband capacity to facilitate all school
  904  districts’ compliance with the requirement that assessments be
  905  administered online. Full implementation of online assessments
  906  for the statewide standards in English Language Arts and
  907  mathematics adopted pursuant to s. 1003.41 for all K-12 public
  908  school students shall occur only after the technology
  909  infrastructure, connectivity, and capacity of all public schools
  910  and school districts are load tested, independently verified,
  911  and certified by the district school superintendents as ready
  912  for successful deployment and implementation. If a district
  913  school superintendent certifies that the school district or
  914  schools within that district are not ready, the commissioner
  915  shall provide an alternative, nonelectronic option to the school
  916  district for the successful and timely administration of
  917  assessments and the reporting of such assessment results to the
  918  department. The commissioner shall submit a report on the
  919  implementation of the technology requirements by school
  920  districts, including any implementation and funding issues
  921  reported by district school superintendents, to the Governor,
  922  the President of the Senate, and the Speaker of the House of
  923  Representatives by January 15 of each year;
  924         14. Providing a nonelectronic option for the administration
  925  of the new ELA statewide, standardized assessment, including the
  926  Writing component, and the Mathematics statewide, standardized
  927  assessment until the 2016-2017 school year in order to ensure
  928  that students have the word processing and computer skills to
  929  take the new statewide, standardized assessments and districts
  930  have the capacity to administer the assessments as online
  931  assessments;
  932         15. Recommending annually to the State Board of Education,
  933  the Governor, the President of the Senate, and the Speaker of
  934  the House of Representatives the level of funding needed by
  935  school districts to implement and maintain technology
  936  requirements based upon the technology plans submitted and
  937  updated annually by school districts; and
  938         16.13. Initiating such other actions as are necessary to
  939  carry out the intent of the Legislature that a management
  940  information system for public school management needs be
  941  implemented. Such other actions shall be based on criteria
  942  including, but not limited to:
  943         a. The purpose of the reporting requirement;
  944         b. The origination of the reporting requirement;
  945         c. The date of origin of the reporting requirement; and
  946         d. The date of repeal of the reporting requirement.
  947         (b) The specific responsibilities of each district school
  948  system shall include:
  949         1. Establishing, at the district level, a reports-control
  950  and forms-control management system committee composed of school
  951  administrators and classroom teachers. The district school board
  952  shall appoint school administrator members and classroom teacher
  953  members or, in school districts where appropriate, the classroom
  954  teacher members shall be appointed by the bargaining agent.
  955  Teachers shall constitute a majority of the committee
  956  membership. The committee shall periodically recommend
  957  procedures to the district school board for eliminating,
  958  reducing, revising, and consolidating paperwork and data
  959  collection requirements and shall submit to the district school
  960  board an annual report of its findings.
  961         2. With assistance from the commissioner, developing
  962  systems compatibility between the state management information
  963  system and unique local systems.
  964         3. Providing, with the assistance of the department,
  965  inservice training dealing with management information system
  966  purposes and scope, a method of transmitting input data, and the
  967  use of output report information.
  968         4. Establishing a plan for continuous review and evaluation
  969  of local management information system needs and procedures.
  970         5. Advising the commissioner of all district management
  971  information needs.
  972         6. Transmitting required data input elements to the
  973  appropriate processing locations in accordance with guidelines
  974  established by the commissioner.
  975         7. Determining required reports, comparisons, and
  976  relationships to be provided to district school systems by the
  977  system output reports, continuously reviewing these reports for
  978  usefulness and meaningfulness, and submitting recommended
  979  additions, deletions, and change requirements in accordance with
  980  the guidelines established by the commissioner.
  981         8. Being responsible for the accuracy of all data elements
  982  transmitted to the department.
  983         9. Implementing the technology requirements for
  984  administering assessments online. Each district school
  985  superintendent shall submit a report to the commissioner which
  986  specifies whether the school district is in compliance with the
  987  technology requirements, outstanding implementation issues, and
  988  funding requirements to implement and maintain the technology
  989  requirements for instruction and administration of all
  990  assessments. If a district school superintendent certifies that
  991  the school district or schools within that district do not have
  992  the required technology to administer the assessment, the
  993  commissioner shall provide an alternative, nonelectronic option
  994  to the school district for the successful and timely
  995  administration of assessments and the reporting of such
  996  assessment results to the department.
  997         Section 9. Paragraph (a) of subsection (2), paragraph (a)
  998  of subsection (3), and subsections (7) through (10) of section
  999  1012.34, Florida Statutes, are amended to read:
 1000         1012.34 Personnel evaluation procedures and criteria.—
 1001         (2) EVALUATION SYSTEM REQUIREMENTS.—The evaluation systems
 1002  for instructional personnel and school administrators must:
 1003         (a) Be designed to support effective instruction and
 1004  student learning growth, and performance evaluation results must
 1005  be used when developing district and school level improvement
 1006  plans.
 1007  
 1008  In addition, each district school board may establish a peer
 1009  assistance process. This process may be a part of the regular
 1010  evaluation system or used to assist employees placed on
 1011  performance probation, newly hired classroom teachers, or
 1012  employees who request assistance.
 1013         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
 1014  personnel and school administrator performance evaluations must
 1015  be based upon the performance of students assigned to their
 1016  classrooms or schools, as provided in this section. Pursuant to
 1017  this section, a school district’s performance evaluation is not
 1018  limited to basing unsatisfactory performance of instructional
 1019  personnel and school administrators solely upon student
 1020  performance, but may include other criteria approved to evaluate
 1021  instructional personnel and school administrators’ performance,
 1022  or any combination of student performance and other approved
 1023  criteria. Evaluation procedures and criteria must comply with,
 1024  but are not limited to, the following:
 1025         (a) A performance evaluation must be conducted for each
 1026  employee at least once a year, except that a classroom teacher,
 1027  as defined in s. 1012.01(2)(a), excluding substitute teachers,
 1028  who is newly hired by the district school board must be observed
 1029  and evaluated at least twice in the first year of teaching in
 1030  the school district. The performance evaluation must be based
 1031  upon sound educational principles and contemporary research in
 1032  effective educational practices. The evaluation criteria must
 1033  include:
 1034         1. Performance of students.—Thirty At least 50 percent of a
 1035  performance evaluation must be based upon data and indicators of
 1036  student learning growth assessed annually by statewide
 1037  assessments or, for subjects and grade levels not measured by
 1038  statewide assessments, by school district assessments as
 1039  provided in s. 1008.22(6). School districts may use more than
 1040  one assessment listed in s. 1008.22(6) to meet the 30 percent
 1041  requirement for subjects and grade levels not measured by
 1042  statewide assessments Each school district must use the formula
 1043  adopted pursuant to paragraph (7)(a) for measuring student
 1044  learning growth in all courses associated with statewide
 1045  assessments and must select an equally appropriate formula for
 1046  measuring student learning growth for all other grades and
 1047  subjects, except as otherwise provided in subsection (7).
 1048         a. For classroom teachers, as defined in s. 1012.01(2)(a),
 1049  excluding substitute teachers, the student learning growth
 1050  portion of the evaluation must include growth data for students
 1051  assigned to the teacher over the course of at least 3 years. If
 1052  less than 3 years of data are available, the years for which
 1053  data are available must be used and the percentage of the
 1054  evaluation based upon student learning growth may be reduced to
 1055  not less than 40 percent.
 1056         b. For instructional personnel who are not classroom
 1057  teachers, the student learning growth portion of the evaluation
 1058  must include growth data on statewide assessments for students
 1059  assigned to the instructional personnel over the course of at
 1060  least 3 years, or may include a combination of student learning
 1061  growth data and other measurable student outcomes that are
 1062  specific to the assigned position, provided that the student
 1063  learning growth data accounts for not less than 30 percent of
 1064  the evaluation. If less than 3 years of student growth data are
 1065  available, the years for which data are available must be used
 1066  and the percentage of the evaluation based upon student learning
 1067  growth may be reduced to not less than 20 percent.
 1068         c. For school administrators, the student learning growth
 1069  portion of the evaluation must include growth data for students
 1070  assigned to the school over the course of at least 3 years. If
 1071  less than 3 years of data are available, the years for which
 1072  data are available must be used and the percentage of the
 1073  evaluation based upon student learning growth may be reduced to
 1074  not less than 40 percent.
 1075         2. Instructional practice.—Evaluation criteria used when
 1076  annually observing classroom teachers, as defined in s.
 1077  1012.01(2)(a), excluding substitute teachers, must include
 1078  indicators based upon each of the Florida Educator Accomplished
 1079  Practices adopted by the State Board of Education. For
 1080  instructional personnel who are not classroom teachers,
 1081  evaluation criteria must be based upon indicators of the Florida
 1082  Educator Accomplished Practices and may include specific job
 1083  expectations related to student support.
 1084         3. Instructional leadership.—For school administrators,
 1085  evaluation criteria must include indicators based upon each of
 1086  the leadership standards adopted by the State Board of Education
 1087  under s. 1012.986, including performance measures related to the
 1088  effectiveness of classroom teachers in the school, the
 1089  administrator’s appropriate use of evaluation criteria and
 1090  procedures, recruitment and retention of effective and highly
 1091  effective classroom teachers, improvement in the percentage of
 1092  instructional personnel evaluated at the highly effective or
 1093  effective level, and other leadership practices that result in
 1094  student learning growth. The system may include a means to give
 1095  parents and instructional personnel an opportunity to provide
 1096  input into the administrator’s performance evaluation.
 1097         4. Professional and job responsibilities.—For instructional
 1098  personnel and school administrators, other professional and job
 1099  responsibilities must be included as adopted by the State Board
 1100  of Education. The district school board may identify additional
 1101  professional and job responsibilities.
 1102         (7) MEASUREMENT OF STUDENT LEARNING GROWTH.—
 1103         (a) The Commissioner of Education may shall approve a
 1104  formula to measure individual student learning growth on the
 1105  statewide, standardized assessments in English Language Arts and
 1106  mathematics administered under s. 1008.22. The formula must take
 1107  into consideration each student’s prior academic performance.
 1108  The formula must not set different expectations for student
 1109  learning growth based upon a student’s gender, race, ethnicity,
 1110  or socioeconomic status. In the development of the formula, the
 1111  commissioner shall consider other factors such as a student’s
 1112  attendance record, disability status, or status as an English
 1113  language learner. The commissioner shall select additional
 1114  formulas as appropriate for the remainder of the statewide
 1115  assessments included under s. 1008.22 and continue to select
 1116  formulas as new assessments are implemented in the state system.
 1117  After the commissioner approves the formula to measure
 1118  individual student learning growth, the State Board of Education
 1119  shall adopt these formulas in rule.
 1120         (b) Each school district may shall measure student learning
 1121  growth using the formulas approved by the commissioner under
 1122  paragraph (a) for courses associated with the statewide,
 1123  standardized assessments administered under s. 1008.22 no later
 1124  than the school year immediately following the year the formula
 1125  is approved by the commissioner. For grades and subjects not
 1126  assessed by statewide, standardized assessments but otherwise
 1127  assessed as required under s. 1008.22(6), each school district
 1128  may shall measure performance of students using a methodology
 1129  determined by the district. The department shall provide models
 1130  for measuring performance of students which school districts may
 1131  adopt.
 1132         (c) For a course that is not measured by a statewide,
 1133  standardized assessment, a school district may request, through
 1134  the evaluation system approval process, to use a student’s
 1135  achievement level rather than student learning growth if
 1136  achievement is demonstrated to be a more appropriate measure of
 1137  classroom teacher performance and is to be used as part of such
 1138  evaluation. A school district may also request to use a
 1139  combination of student learning growth and achievement, if
 1140  appropriate.
 1141         (d) For a course that is not measured by a statewide,
 1142  standardized assessment, a school district may provide request,
 1143  through the evaluation system approval process, that the
 1144  performance evaluation, if applicable, for the classroom teacher
 1145  assigned to that course include the learning growth of his or
 1146  her students on one or more of the assessments listed in s.
 1147  1008.22(6) statewide, standardized assessments. The request must
 1148  clearly explain the rationale supporting the request.
 1149         (e) For purposes of this section and only for the 2014-2015
 1150  school year, a school district may use measurable learning
 1151  targets on local assessments administered under s. 1008.22(6) to
 1152  evaluate the performance of students portion of a classroom
 1153  teacher’s evaluation, if applicable, for courses that are not
 1154  assessed by statewide, standardized assessments. Learning
 1155  targets must be approved by the school principal. A district
 1156  school superintendent may assign to instructional personnel in
 1157  an instructional team the student learning growth of the
 1158  instructional team’s students on statewide, standardized
 1159  assessments. This paragraph expires July 1, 2015.
 1160         (8) RULEMAKING.—The State Board of Education shall adopt
 1161  rules pursuant to ss. 120.536(1) and 120.54 which establish
 1162  uniform procedures for the submission, review, and approval of
 1163  district evaluation systems and reporting requirements for the
 1164  annual evaluation of instructional personnel and school
 1165  administrators; specific, discrete standards for each
 1166  performance level required under subsection (2) to ensure clear
 1167  and sufficient differentiation in the performance levels and to
 1168  provide consistency in meaning across school districts; the
 1169  measurement of student learning growth and associated
 1170  implementation procedures required under subsection (7); and a
 1171  process for monitoring school district implementation of
 1172  evaluation systems in accordance with this section.
 1173  Specifically, the rules shall establish student performance
 1174  levels that if not met will result in the employee receiving an
 1175  unsatisfactory performance evaluation rating. In like manner,
 1176  the rules shall establish a student performance level that must
 1177  be met in order for an employee to receive a highly effective
 1178  rating and a student learning growth standard that must be met
 1179  in order for an employee to receive an effective rating.
 1180         (9) TRANSITION TO NEW STATEWIDE, STANDARDIZED ASSESSMENTS.
 1181  Standards for each performance level required under subsection
 1182  (2) shall be established by the State Board of Education after
 1183  the administration of the statewide, standardized assessment in
 1184  spring 2016. The standards for each performance level must be
 1185  implemented before the administration of the statewide,
 1186  standardized assessment in spring 2017 beginning with the 2015
 1187  2016 school year.
 1188         (10) DISTRICT BONUS REWARDS FOR PERFORMANCE PAY BASED ON
 1189  EVALUATION PROGRESS.—School districts are eligible for bonus
 1190  rewards as provided for in the 2014 General Appropriations Act
 1191  for making outstanding progress toward educator effectiveness,
 1192  including implementation of instructional personnel salaries
 1193  based on performance results under s. 1012.34 and the use of
 1194  local assessment results in personnel evaluations when
 1195  statewide, standardized assessments are not administered.
 1196         Section 10. Section 1012.3401, Florida Statutes, is amended
 1197  to read:
 1198         1012.3401 Requirements for measuring student performance in
 1199  instructional personnel and school administrator performance
 1200  evaluations; performance evaluation of personnel for purposes of
 1201  performance salary schedule.—Notwithstanding any provision to
 1202  the contrary in ss. 1012.22 and 1012.34 regarding the
 1203  performance salary schedule and personnel evaluation procedures
 1204  and criteria:
 1205         (1) Thirty At least 50 percent of a classroom teacher’s or
 1206  school administrator’s performance evaluation, or 40 percent if
 1207  less than 3 years of student performance data are available,
 1208  shall be based upon learning growth or achievement of a
 1209  significant number of the teacher’s students for which a valid
 1210  evaluation may be attained or, for a school administrator, the
 1211  students attending that school; the remaining portion shall be
 1212  based upon factors identified in district-determined, state
 1213  approved evaluation system plans. Student achievement measures
 1214  for courses associated with statewide assessments may be used
 1215  only if a statewide growth formula has not been approved for
 1216  that assessment or, for courses associated with school district
 1217  assessments, if achievement is demonstrated to be a more
 1218  appropriate measure of teacher performance.
 1219         (2) The student performance data used in the performance
 1220  evaluation of nonclassroom instructional personnel shall be
 1221  based on student outcome data that reflects the actual
 1222  contribution of such personnel to the performance of the
 1223  students assigned to the individual in the individual’s areas of
 1224  responsibility.
 1225         (3) For purposes of the performance salary schedule in s.
 1226  1012.22, the student assessment data in the performance
 1227  evaluation must be from the statewide assessments or district
 1228  determined assessments as required in s. 1008.22(6) in the
 1229  subject areas taught.
 1230         Section 11. Subsection (10) of section 1001.03, Florida
 1231  Statutes, is amended to read:
 1232         1001.03 Specific powers of State Board of Education.—
 1233         (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
 1234  EDUCATION.—The State Board of Education, in conjunction with the
 1235  Board of Governors, shall develop and implement a common
 1236  placement test to assess the basic computation and communication
 1237  skills of students who intend to enter a degree program at any
 1238  Florida College System institution or state university.
 1239         Section 12. Paragraph (d) of subsection (2) of section
 1240  1002.451, Florida Statutes, is amended to read:
 1241         1002.451 District innovation school of technology program.—
 1242         (2) GUIDING PRINCIPLES.—An innovation school of technology
 1243  shall be guided by the following principles:
 1244         (d) Measure student performance based on student learning
 1245  growth, or based on student achievement if student learning
 1246  growth cannot be measured.
 1247         Section 13. Paragraph (d) of subsection (2), paragraph (a)
 1248  of subsection (4), and paragraphs (a) and (b) of subsection (5)
 1249  of section 1004.04, Florida Statutes, are amended to read:
 1250         1004.04 Public accountability and state approval for
 1251  teacher preparation programs.—
 1252         (2) UNIFORM CORE CURRICULA AND CANDIDATE ASSESSMENT.—
 1253         (d) Before program completion, each candidate must
 1254  demonstrate his or her ability to positively impact student
 1255  learning growth in the candidate’s area or areas of program
 1256  concentration during a prekindergarten through grade 12 field
 1257  experience and must pass each portion of the Florida Teacher
 1258  Certification Examination required for a professional
 1259  certificate in the area or areas of program concentration.
 1260         (4) CONTINUED PROGRAM APPROVAL.—Continued approval of a
 1261  teacher preparation program shall be based upon evidence that
 1262  the program continues to implement the requirements for initial
 1263  approval and upon significant, objective, and quantifiable
 1264  measures of the program and the performance of the program
 1265  completers.
 1266         (a) The criteria for continued approval must include each
 1267  of the following:
 1268         1. Documentation from the program that each program
 1269  candidate met the admission requirements provided in subsection
 1270  (3).
 1271         2. Documentation from the program that the program and each
 1272  program completer have met the requirements provided in
 1273  subsection (2).
 1274         3. Evidence of performance in each of the following areas:
 1275         a. Placement rate of program completers into instructional
 1276  positions in Florida public schools and private schools, if
 1277  available.
 1278         b. Rate of retention for employed program completers in
 1279  instructional positions in Florida public schools.
 1280         c. Performance of students in prekindergarten through grade
 1281  12 who are assigned to in-field program completers on statewide
 1282  assessments using the results of the student learning growth
 1283  formula adopted under s. 1012.34.
 1284         d. Performance of students in prekindergarten through grade
 1285  12 who are assigned to in-field program completers aggregated by
 1286  student subgroup, as defined in the federal Elementary and
 1287  Secondary Education Act (ESEA), 20 U.S.C. s.
 1288  6311(b)(2)(C)(v)(II), as a measure of how well the program
 1289  prepares teachers to work with a diverse population of students
 1290  in a variety of settings in Florida public schools.
 1291         e. Results of program completers’ annual evaluations in
 1292  accordance with the timeline as set forth in s. 1012.34.
 1293         f. Production of program completers in statewide critical
 1294  teacher shortage areas as identified in s. 1012.07.
 1295         (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
 1296  instructors, school district personnel and instructional
 1297  personnel, and school sites preparing instructional personnel
 1298  through preservice field experience courses and internships
 1299  shall meet special requirements. District school boards may pay
 1300  student teachers during their internships.
 1301         (a) All individuals in postsecondary teacher preparation
 1302  programs who instruct or supervise preservice field experience
 1303  courses or internships in which a candidate demonstrates his or
 1304  her impact on student learning growth shall have the following:
 1305  specialized training in clinical supervision; at least 3 years
 1306  of successful, relevant prekindergarten through grade 12
 1307  teaching, student services, or school administration experience;
 1308  and an annual demonstration of experience in a relevant
 1309  prekindergarten through grade 12 school setting as defined by
 1310  State Board of Education rule.
 1311         (b)1. All school district personnel and instructional
 1312  personnel who supervise or direct teacher preparation students
 1313  during field experience courses or internships taking place in
 1314  this state in which candidates demonstrate an impact on student
 1315  learning growth must have evidence of “clinical educator”
 1316  training, a valid professional certificate issued pursuant to s.
 1317  1012.56, and at least 3 years of teaching experience in
 1318  prekindergarten through grade 12 and must have earned an
 1319  effective or highly effective rating on the prior year’s
 1320  performance evaluation under s. 1012.34 or be a peer evaluator
 1321  under the district’s evaluation system approved under s.
 1322  1012.34. The State Board of Education shall approve the training
 1323  requirements.
 1324         2. All instructional personnel who supervise or direct
 1325  teacher preparation students during field experience courses or
 1326  internships in another state, in which a candidate demonstrates
 1327  his or her impact on student learning growth, through a Florida
 1328  online or distance program must have received “clinical
 1329  educator” training or its equivalent in that state, hold a valid
 1330  professional certificate issued by the state in which the field
 1331  experience takes place, and have at least 3 years of teaching
 1332  experience in prekindergarten through grade 12.
 1333         3. All instructional personnel who supervise or direct
 1334  teacher preparation students during field experience courses or
 1335  internships, in which a candidate demonstrates his or her impact
 1336  on student learning growth, on a United States military base in
 1337  another country through a Florida online or distance program
 1338  must have received “clinical educator” training or its
 1339  equivalent, hold a valid professional certificate issued by the
 1340  United States Department of Defense or a state or territory of
 1341  the United States, and have at least 3 years teaching experience
 1342  in prekindergarten through grade 12.
 1343         Section 14. Paragraph (b) of subsection (3), paragraph (b)
 1344  of subsection (4), and subsection (6) of section 1004.85,
 1345  Florida Statutes, are amended to read:
 1346         1004.85 Postsecondary educator preparation institutes.—
 1347         (3) Educator preparation institutes approved pursuant to
 1348  this section may offer competency-based certification programs
 1349  specifically designed for noneducation major baccalaureate
 1350  degree holders to enable program participants to meet the
 1351  educator certification requirements of s. 1012.56. An educator
 1352  preparation institute choosing to offer a competency-based
 1353  certification program pursuant to the provisions of this section
 1354  must implement a program previously approved by the Department
 1355  of Education for this purpose or a program developed by the
 1356  institute and approved by the department for this purpose.
 1357  Approved programs shall be available for use by other approved
 1358  educator preparation institutes.
 1359         (b) Each program participant must:
 1360         1. Meet certification requirements pursuant to s.
 1361  1012.56(1) by obtaining a statement of status of eligibility in
 1362  the certification subject area of the educational plan and meet
 1363  the requirements of s. 1012.56(2)(a)-(f).
 1364         2. Participate in coursework and field experiences that are
 1365  appropriate to his or her educational plan prepared under
 1366  paragraph (a).
 1367         3. Before completion of the program, fully demonstrate his
 1368  or her ability to teach the subject area for which he or she is
 1369  seeking certification by documenting a positive impact on
 1370  student learning growth in a prekindergarten through grade 12
 1371  setting and achieving a passing score on the professional
 1372  education competency examination, the basic skills examination,
 1373  and the subject area examination for the subject area
 1374  certification which is required by state board rule.
 1375         (4) Continued approval of each program approved pursuant to
 1376  this section shall be determined by the Commissioner of
 1377  Education based upon a periodic review of the following areas:
 1378         (b) Evidence of performance in each of the following areas:
 1379         1. Placement rate of program completers into instructional
 1380  positions in Florida public schools and private schools, if
 1381  available.
 1382         2. Rate of retention for employed program completers in
 1383  instructional positions in Florida public schools.
 1384         3. Performance of students in prekindergarten through grade
 1385  12 who are assigned to in-field program completers on statewide
 1386  assessments using the results of the student learning growth
 1387  formula adopted under s. 1012.34.
 1388         4. Performance of students in prekindergarten through grade
 1389  12 who are assigned to in-field program completers aggregated by
 1390  student subgroups, as defined in the federal Elementary and
 1391  Secondary Education Act (ESEA), 20 U.S.C. s.
 1392  6311(b)(2)(C)(v)(II), as a measure of how well the program
 1393  prepares teachers to work with a diverse population of students
 1394  in a variety of settings in Florida public schools.
 1395         5. Results of program completers’ annual evaluations in
 1396  accordance with the timeline as set forth in s. 1012.34.
 1397         6. Production of program completers in statewide critical
 1398  teacher shortage areas as identified in s. 1012.07.
 1399         (6) Instructors and supervisors of field experiences in
 1400  which participants demonstrate an impact on student learning
 1401  growth for a certification program approved pursuant to this
 1402  section must meet the same qualifications as those required in
 1403  s. 1004.04(5).
 1404         Section 15. Subsection (3) of section 1007.271, Florida
 1405  Statutes, is amended to read:
 1406         1007.271 Dual enrollment programs.—
 1407         (3) Student eligibility requirements for initial enrollment
 1408  in college credit dual enrollment courses must include a 3.0
 1409  unweighted high school grade point average and the minimum score
 1410  on a common placement test adopted by the State Board of
 1411  Education which indicates that the student is ready for college
 1412  level coursework. Student eligibility requirements for continued
 1413  enrollment in college credit dual enrollment courses must
 1414  include the maintenance of a 3.0 unweighted high school grade
 1415  point average and the minimum postsecondary grade point average
 1416  established by the postsecondary institution. Regardless of
 1417  meeting student eligibility requirements for continued
 1418  enrollment, a student may lose the opportunity to participate in
 1419  a dual enrollment course if the student is disruptive to the
 1420  learning process such that the progress of other students or the
 1421  efficient administration of the course is hindered. Student
 1422  eligibility requirements for initial and continued enrollment in
 1423  career certificate dual enrollment courses must include a 2.0
 1424  unweighted high school grade point average. Exceptions to the
 1425  required grade point averages may be granted on an individual
 1426  student basis if the educational entities agree and the terms of
 1427  the agreement are contained within the dual enrollment
 1428  articulation agreement established pursuant to subsection (21).
 1429  Florida College System institution boards of trustees may
 1430  establish additional initial student eligibility requirements,
 1431  which shall be included in the dual enrollment articulation
 1432  agreement, to ensure student readiness for postsecondary
 1433  instruction. Additional requirements included in the agreement
 1434  may not arbitrarily prohibit students who have demonstrated the
 1435  ability to master advanced courses from participating in dual
 1436  enrollment courses.
 1437         Section 16. Subsection (2) of section 1008.37, Florida
 1438  Statutes, is amended to read:
 1439         1008.37 Postsecondary feedback of information to high
 1440  schools.—
 1441         (2) The Commissioner of Education shall report, by high
 1442  school, to the State Board of Education, the Board of Governors,
 1443  and the Legislature, no later than November 30 of each year, on
 1444  the number of prior year Florida high school graduates who
 1445  enrolled for the first time in public postsecondary education in
 1446  this state during the previous summer, fall, or spring term,
 1447  indicating the number of students whose scores on the common
 1448  placement test indicated the need for developmental education
 1449  under s. 1008.30 or for applied academics for adult education
 1450  under s. 1004.91.
 1451         Section 17. Paragraph (c) of subsection (1) of section
 1452  1012.22, Florida Statutes, is amended to read:
 1453         1012.22 Public school personnel; powers and duties of the
 1454  district school board.—The district school board shall:
 1455         (1) Designate positions to be filled, prescribe
 1456  qualifications for those positions, and provide for the
 1457  appointment, compensation, promotion, suspension, and dismissal
 1458  of employees as follows, subject to the requirements of this
 1459  chapter:
 1460         (c) Compensation and salary schedules.—
 1461         1. Definitions.—As used in this paragraph, the term:
 1462         a. “Adjustment” means an addition to the base salary
 1463  schedule that is not a bonus and becomes part of the employee’s
 1464  permanent base salary and shall be considered compensation under
 1465  s. 121.021(22).
 1466         b. “Grandfathered salary schedule” means the salary
 1467  schedule or schedules adopted by a district school board before
 1468  July 1, 2014, pursuant to subparagraph 4.
 1469         c. “Instructional personnel” means instructional personnel
 1470  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 1471  teachers.
 1472         d. “Performance salary schedule” means the salary schedule
 1473  or schedules adopted by a district school board pursuant to
 1474  subparagraph 5.
 1475         e. “Salary schedule” means the schedule or schedules used
 1476  to provide the base salary for district school board personnel.
 1477         f. “School administrator” means a school administrator as
 1478  defined in s. 1012.01(3)(c).
 1479         g. “Supplement” means an annual addition to the base salary
 1480  for the term of the negotiated supplement as long as the
 1481  employee continues his or her employment for the purpose of the
 1482  supplement. A supplement does not become part of the employee’s
 1483  continuing base salary but shall be considered compensation
 1484  under s. 121.021(22).
 1485         2. Cost-of-living adjustment.—A district school board may
 1486  provide a cost-of-living salary adjustment if the adjustment:
 1487         a. Does not discriminate among comparable classes of
 1488  employees based upon the salary schedule under which they are
 1489  compensated.
 1490         b. Does not exceed 50 percent of the annual adjustment
 1491  provided to instructional personnel rated as effective.
 1492         3. Advanced degrees.—A district school board may not use
 1493  advanced degrees in setting a salary schedule for instructional
 1494  personnel or school administrators hired on or after July 1,
 1495  2011, unless the advanced degree is held in the individual’s
 1496  area of certification and is only a salary supplement.
 1497         4. Grandfathered salary schedule.—
 1498         a. The district school board shall adopt a salary schedule
 1499  or salary schedules to be used as the basis for paying all
 1500  school employees hired before July 1, 2014. Instructional
 1501  personnel on annual contract as of July 1, 2014, shall be placed
 1502  on the performance salary schedule adopted under subparagraph 5.
 1503  Instructional personnel on continuing contract or professional
 1504  service contract may opt into the performance salary schedule if
 1505  the employee relinquishes such contract and agrees to be
 1506  employed on an annual contract under s. 1012.335. Such an
 1507  employee shall be placed on the performance salary schedule and
 1508  may not return to continuing contract or professional service
 1509  contract status. Any employee who opts into the performance
 1510  salary schedule may not return to the grandfathered salary
 1511  schedule.
 1512         b. In determining the grandfathered salary schedule for
 1513  instructional personnel, a district school board must base a
 1514  portion of each employee’s compensation upon performance
 1515  demonstrated under s. 1012.34 and shall provide differentiated
 1516  pay for both instructional personnel and school administrators
 1517  based upon district-determined factors, including, but not
 1518  limited to, additional responsibilities, school demographics,
 1519  critical shortage areas, and level of job performance
 1520  difficulties.
 1521         5. Performance salary schedule.—By July 1, 2014, the
 1522  district school board shall adopt a performance salary schedule
 1523  that provides annual salary adjustments for instructional
 1524  personnel and school administrators based upon performance
 1525  determined under s. 1012.34. Employees hired on or after July 1,
 1526  2014, or employees who choose to move from the grandfathered
 1527  salary schedule to the performance salary schedule shall be
 1528  compensated pursuant to the performance salary schedule once
 1529  they have received the appropriate performance evaluation for
 1530  this purpose. However, a classroom teacher whose performance
 1531  evaluation uses utilizes student learning growth measures
 1532  established under s. 1012.34(7)(e) shall remain under the
 1533  grandfathered salary schedule until his or her teaching
 1534  assignment changes to a subject for which there is an assessment
 1535  or the school district establishes equally appropriate measures
 1536  of student learning growth as defined under s. 1012.34 and rules
 1537  of the State Board of Education.
 1538         a. Base salary.—The base salary shall be established as
 1539  follows:
 1540         (I) The base salary for instructional personnel or school
 1541  administrators who opt into the performance salary schedule
 1542  shall be the salary paid in the prior year, including
 1543  adjustments only.
 1544         (II) Beginning July 1, 2014, instructional personnel or
 1545  school administrators new to the district, returning to the
 1546  district after a break in service without an authorized leave of
 1547  absence, or appointed for the first time to a position in the
 1548  district in the capacity of instructional personnel or school
 1549  administrator shall be placed on the performance salary
 1550  schedule.
 1551         b. Salary adjustments.—Salary adjustments for highly
 1552  effective or effective performance shall be established as
 1553  follows:
 1554         (I) The annual salary adjustment under the performance
 1555  salary schedule for an employee rated as highly effective must
 1556  be greater than the highest annual salary adjustment available
 1557  to an employee of the same classification through any other
 1558  salary schedule adopted by the district.
 1559         (II) The annual salary adjustment under the performance
 1560  salary schedule for an employee rated as effective must be equal
 1561  to at least 50 percent and no more than 75 percent of the annual
 1562  adjustment provided for a highly effective employee of the same
 1563  classification.
 1564         (III) The performance salary schedule may shall not provide
 1565  an annual salary adjustment for an employee who receives a
 1566  rating other than highly effective or effective for the year.
 1567         c. Salary supplements.—In addition to the salary
 1568  adjustments, each district school board shall provide for salary
 1569  supplements for activities that must include, but are not
 1570  limited to:
 1571         (I) Assignment to a Title I eligible school.
 1572         (II) Assignment to a school that earned a grade of “F” or
 1573  three consecutive grades of “D” pursuant to s. 1008.34 such that
 1574  the supplement remains in force for at least 1 year following
 1575  improved performance in that school.
 1576         (III) Certification and teaching in critical teacher
 1577  shortage areas. Statewide critical teacher shortage areas shall
 1578  be identified by the State Board of Education under s. 1012.07.
 1579  However, the district school board may identify other areas of
 1580  critical shortage within the school district for purposes of
 1581  this sub-sub-subparagraph and may remove areas identified by the
 1582  state board which do not apply within the school district.
 1583         (IV) Assignment of additional academic responsibilities.
 1584  
 1585  If budget constraints in any given year limit a district school
 1586  board’s ability to fully fund all adopted salary schedules, the
 1587  performance salary schedule shall not be reduced on the basis of
 1588  total cost or the value of individual awards in a manner that is
 1589  proportionally greater than reductions to any other salary
 1590  schedules adopted by the district.
 1591         Section 18. Paragraph (b) of subsection (2) of section
 1592  1012.341, Florida Statutes, is amended to read:
 1593         1012.341 Exemption from performance evaluation system and
 1594  compensation and salary schedule requirements.—
 1595         (2) By October 1, 2014, and by October 1 annually
 1596  thereafter, the superintendent of Hillsborough County School
 1597  District shall attest, in writing, to the Commissioner of
 1598  Education that:
 1599         (b) The instructional personnel and school administrator
 1600  evaluation systems adopt the Commissioner of Education’s student
 1601  learning growth formula for statewide assessments as provided
 1602  under s. 1012.34(7).
 1603  
 1604  This section is repealed August 1, 2017, unless reviewed and
 1605  reenacted by the Legislature.
 1606         Section 19. Paragraph (c) of subsection (8) of section
 1607  1012.56, Florida Statutes, is amended to read:
 1608         1012.56 Educator certification requirements.—
 1609         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
 1610  COMPETENCY PROGRAM.—
 1611         (c) The Commissioner of Education shall determine the
 1612  continued approval of programs implemented under paragraph (a)
 1613  based upon the department’s periodic review of the following:
 1614         1. Evidence that the requirements in paragraph (a) are
 1615  consistently met; and
 1616         2. Evidence of performance in each of the following areas:
 1617         a. Rate of retention for employed program completers in
 1618  instructional positions in Florida public schools.
 1619         b. Performance of students in prekindergarten through grade
 1620  12 who are assigned to in-field program completers on statewide
 1621  assessments using the results of the student learning growth
 1622  formula adopted under s. 1012.34.
 1623         c. Performance of students in prekindergarten through grade
 1624  12 who are assigned to in-field program completers aggregated by
 1625  student subgroups, as defined in the federal Elementary and
 1626  Secondary Education Act (ESEA), 20 U.S.C. s.
 1627  6311(b)(2)(C)(v)(II), as a measure of how well the program
 1628  prepares teachers to work with a variety of students in Florida
 1629  public schools.
 1630         d. Results of program completers’ annual evaluations in
 1631  accordance with the timeline as set forth in s. 1012.34.
 1632         e. Production of program completers in statewide critical
 1633  teacher shortage areas as defined in s. 1012.07.
 1634         Section 20. This act shall take effect upon becoming a law.