Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for HB 7043
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bullard moved the following:
    1         Senate Amendment to Amendment (420294) (with title
    2  amendment)
    4         Delete lines 550 - 724
    5  and insert:
    6         1011.6202Autonomy Pilot Program Initiative.—The Autonomy
    7  Pilot Program Initiative is created within the Department of
    8  Education. The purpose of the pilot program initiative is to
    9  provide the highly effective principal or a highly effective
   10  group of select teachers of a participating school with
   11  increased autonomy and authority to operate their school in a
   12  way that produces significant improvements in student
   13  achievement and school management while complying with
   14  constitutional requirements. The State Board of Education may,
   15  upon approval of an autonomy proposal, enter into a performance
   16  contract with up to seven district school boards for
   17  participation in the pilot program.
   18         (1)PARTICIPATING SCHOOL DISTRICTS.—The district school
   19  boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
   20  Beach, Pinellas, and Seminole Counties may submit to the state
   21  board for approval an autonomy proposal that exchanges statutory
   22  and rule exemptions for an agreement to meet performance goals
   23  established in the proposal. If approved by the state board,
   24  each of these school districts shall be eligible to participate
   25  in the pilot program for 3 years. At the end of the 3 years, the
   26  performance of all participating schools in the school district
   27  shall be evaluated.
   28         (2)AUTONOMY PROPOSAL.—
   29         (a)To participate in a principal or teacher autonomy pilot
   30  program, a school district must:
   31         1.Identify three schools that received at least two school
   32  grades of “D” or “F” pursuant to s. 1008.34 during the previous
   33  3 school years.
   34         2.If a principal autonomy proposal is chosen, identify
   35  three principals who have earned a highly effective rating on
   36  the prior year’s performance evaluation pursuant to s. 1012.34,
   37  one of whom shall be assigned to each of the participating
   38  schools.
   39         3. If a teacher autonomy proposal is chosen, identify three
   40  teacher groups in which each of the teachers has earned highly
   41  effective performance evaluation ratings for at least 4
   42  consecutive years pursuant to s. 1012.34. A group shall be
   43  assigned to each of the participating schools.
   44         4.Describe the current financial and administrative
   45  management of each participating school; identify the areas in
   46  which each school principal or group of select teachers will
   47  have increased fiscal and administrative autonomy, including the
   48  authority and responsibilities provided in s. 1012.28(8); and
   49  identify the areas in which each participating school will
   50  continue to follow district school board fiscal and
   51  administrative policies.
   52         5.Explain the methods used to identify the educational
   53  strengths and needs of the participating school’s students and
   54  identify how student achievement can be improved.
   55         6.Establish performance goals for student achievement, as
   56  defined in s. 1008.34(1), and explain how the increased autonomy
   57  of principals or teachers will help participating schools
   58  improve student achievement and school management.
   59         7.Provide each participating school’s mission and a
   60  description of its student population.
   61         (b)The state board shall establish criteria, which must
   62  include the criteria listed in paragraph (a), for the approval
   63  of an autonomy proposal.
   64         (c)A district school board must submit its principal or
   65  teacher autonomy proposal to the state board for approval by
   66  December 1 in order to begin participation in the subsequent
   67  school year. By February 28 of the school year in which the
   68  proposal is submitted, the state board shall notify the district
   69  school board in writing whether the proposal is approved.
   70         (3)EXEMPTION FROM LAWS.—
   71         (a)With the exception of those laws listed in paragraph
   72  (b), a participating school is exempt from the provisions of
   73  chapters 1000-1013 and rules of the state board that implement
   74  those exempt provisions.
   75         (b)A participating school shall comply with the provisions
   76  of chapters 1000-1013, and rules of the state board that
   77  implement those provisions, pertaining to the following:
   78         1.Those laws relating to the election and compensation of
   79  district school board members, the election or appointment and
   80  compensation of district school superintendents, public meetings
   81  and public records requirements, financial disclosure, and
   82  conflicts of interest.
   83         2.Those laws relating to the student assessment program
   84  and school grading system, including chapter 1008.
   85         3.Those laws relating to the provision of services to
   86  students with disabilities.
   87         4.Those laws relating to civil rights, including s.
   88  1000.05, relating to discrimination.
   89         5.Those laws relating to student health, safety, and
   90  welfare.
   91         6.Section 1001.42(4)(f), relating to the uniform opening
   92  date for public schools.
   93         7.Section 1003.03, governing maximum class size, except
   94  that the calculation for compliance pursuant to s. 1003.03 is
   95  the average at the school level for a participating school.
   96         8.Sections 1012.22(1)(c) and 1012.27(2), relating to
   97  compensation and salary schedules.
   98         9.Section 1012.33(5), relating to workforce reductions for
   99  annual contracts for instructional personnel. This subparagraph
  100  does not apply to at-will employees.
  101         10.Section 1012.335, relating to annual contracts for
  102  instructional personnel hired on or after July 1, 2011. This
  103  subparagraph does not apply to at-will employees.
  104         11.Section 1012.34, relating to personnel evaluation
  105  procedures and criteria.
  106         12.Those laws pertaining to educational facilities,
  107  including chapter 1013, except that s. 1013.20, relating to
  108  covered walkways for relocatables, and s. 1013.21, relating to
  109  the use of relocatable facilities exceeding 20 years of age, are
  110  eligible for exemption.
  111         13.Those laws pertaining to participating school
  112  districts, including this section and ss. 1011.69(2) and
  113  1012.28(8).
  114         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
  115  district shall require that the principal or select group of
  116  teachers of each participating school, a three-member leadership
  117  team from each participating school, and district personnel
  118  working with each participating school complete a nationally
  119  recognized school turnaround program which focuses on improving
  120  leadership, instructional infrastructure, talent management, and
  121  differentiated support and accountability. The required
  122  personnel must enroll in the school turnaround program upon
  123  acceptance into the pilot program.
  124         (5)TERM OF PARTICIPATION.—The state board shall authorize
  125  a school district to participate in the pilot program for a
  126  period of 3 years commencing with approval of the autonomy
  127  proposal. Authorization to participate in the pilot program may
  128  be renewed upon action of the state board. The state board may
  129  revoke authorization to participate in the pilot program if the
  130  school district fails to meet the requirements of this section
  131  during the 3-year period.
  132         (6)REPORTING.—Each participating school district shall
  133  submit an annual report to the state board. The state board
  134  shall annually report on the implementation of the Autonomy
  135  Pilot Program Initiative. Upon completion of the pilot program’s
  136  first 3-year term, the Commissioner of Education shall submit to
  137  the President of the Senate and the Speaker of the House of
  138  Representatives by December 1 a full evaluation of the
  139  effectiveness of the pilot program.
  140         (7) FUNDING.—The Legislature may appropriate funding to the
  141  department in the General Appropriations Act for the costs of
  142  the pilot program initiative, including administrative costs and
  143  enrollment costs for the school turnaround program and an
  144  additional scholarship to each participating principal or select
  145  group of teachers to be used at their schools.
  146         (8) RULEMAKING.—The State Board of Education shall adopt
  147  rules to administer this section.
  148         Section 11. Subsection (2) of section 1011.69, Florida
  149  Statutes, is amended to read:
  150         1011.69 Equity in School-Level Funding Act.—
  151         (2) Beginning in the 2003-2004 fiscal year, district school
  152  boards shall allocate to schools within the district an average
  153  of 90 percent of the funds generated by all schools and
  154  guarantee that each school receives at least 80 percent, except
  155  schools participating in an autonomy pilot program under s.
  156  1011.6202 are guaranteed to receive at least 90 percent, of the
  157  funds generated by that school based upon the Florida Education
  158  Finance Program as provided in s. 1011.62 and the General
  159  Appropriations Act, including gross state and local funds,
  160  discretionary lottery funds, and funds from the school
  161  district’s current operating discretionary millage levy. Total
  162  funding for each school shall be recalculated during the year to
  163  reflect the revised calculations under the Florida Education
  164  Finance Program by the state and the actual weighted full-time
  165  equivalent students reported by the school during the full-time
  166  equivalent student survey periods designated by the Commissioner
  167  of Education. If the district school board is providing programs
  168  or services to students funded by federal funds, any eligible
  169  students enrolled in the schools in the district shall be
  170  provided federal funds.
  171         Section 12. Subsection (8) is added to section 1012.28,
  172  Florida Statutes, to read:
  173         1012.28 Public school personnel; duties of school
  174  principals.—
  175         (8)The principal of a school or a select group of teachers
  176  participating in an autonomy pilot program under s. 1011.6202
  177  have the following additional authority and responsibilities:
  178         (a)In addition to the authority provided in subsection
  179  (6), the authority to select qualified instructional personnel
  180  for placement or to refuse to accept the placement or transfer
  181  of instructional personnel by the district school
  182  superintendent. Placement of instructional personnel at a
  183  participating school in a participating school district does not
  184  affect the employee’s status as a school district employee.
  185         (b)The authority to deploy financial resources to school
  186  programs at the principal’s or the select group of teachers’
  187  discretion to help improve student achievement, as defined in s.
  188  1008.34(1), and meet performance goals identified in the
  189  autonomy proposal submitted
  191  ================= T I T L E  A M E N D M E N T ================
  192  And the title is amended as follows:
  193         Delete lines 1589 - 1607
  194  and insert:
  195         creating s. 1011.6202, F.S.; creating the Autonomy
  196         Pilot Program Initiative; providing a purpose for the
  197         initiative; providing a procedure for a school
  198         district to participate in the initiative; providing
  199         requirements for participating school districts and
  200         schools; exempting participating schools from certain
  201         laws and rules; requiring principals or select groups
  202         of teachers at participating schools and other
  203         specified personnel to complete a nationally
  204         recognized school turnaround program; providing for
  205         the term of participation in a pilot program;
  206         providing for renewal or revocation of authorization
  207         to participate in a pilot program; providing for
  208         reporting, funding, and eligibility requirements for
  209         certain funding and rulemaking; amending s. 1011.69,
  210         F.S.; requiring participating district school boards
  211         to allocate a specified percentage of certain funds to
  212         participating schools; amending s. 1012.28, F.S.;
  213         providing additional authority and responsibilities of
  214         the principal or select group of teachers of a