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

       Senator Bullard moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 382 and 383
    4  insert:
    5         Section 5. Section 1011.6202, Florida Statutes, is created
    6  to read:
    7         1011.6202Autonomy Pilot Program Initiative.—The Autonomy
    8  Pilot Program Initiative is created within the Department of
    9  Education. The purpose of the pilot program initiative is to
   10  provide the highly effective principal or a highly effective
   11  group of select teachers of a participating school with
   12  increased autonomy and authority to operate their school in a
   13  way that produces significant improvements in student
   14  achievement and school management while complying with
   15  constitutional requirements. The State Board of Education may,
   16  upon approval of an autonomy proposal, enter into a performance
   17  contract with up to seven district school boards for
   18  participation in the pilot program.
   19         (1)PARTICIPATING SCHOOL DISTRICTS.—The district school
   20  boards in Broward, Duval, Escambia, Jefferson, Madison, Palm
   21  Beach, Pinellas, and Seminole Counties may submit to the state
   22  board for approval an autonomy proposal that exchanges statutory
   23  and rule exemptions for an agreement to meet performance goals
   24  established in the proposal. If approved by the state board,
   25  each of these school districts shall be eligible to participate
   26  in the pilot program for 3 years. At the end of the 3 years, the
   27  performance of all participating schools in the school district
   28  shall be evaluated.
   29         (2)AUTONOMY PROPOSAL.—
   30         (a)To participate in a principal or teacher autonomy pilot
   31  program, a school district must:
   32         1.Identify three schools that received at least two school
   33  grades of “D” or “F” pursuant to s. 1008.34 during the previous
   34  3 school years.
   35         2.If a principal autonomy proposal is chosen, identify
   36  three principals who have earned a highly effective rating on
   37  the prior year’s performance evaluation pursuant to s. 1012.34,
   38  one of whom shall be assigned to each of the participating
   39  schools.
   40         3. If a teacher autonomy proposal is chosen, identify three
   41  teacher groups in which each of the teachers has earned highly
   42  effective performance evaluation ratings for at least 4
   43  consecutive years pursuant to s. 1012.34. A group shall be
   44  assigned to each of the participating schools.
   45         4.Describe the current financial and administrative
   46  management of each participating school; identify the areas in
   47  which each school principal or group of select teachers will
   48  have increased fiscal and administrative autonomy, including the
   49  authority and responsibilities provided in s. 1012.28(8); and
   50  identify the areas in which each participating school will
   51  continue to follow district school board fiscal and
   52  administrative policies.
   53         5.Explain the methods used to identify the educational
   54  strengths and needs of the participating school’s students and
   55  identify how student achievement can be improved.
   56         6.Establish performance goals for student achievement, as
   57  defined in s. 1008.34(1), and explain how the increased autonomy
   58  of principals or teachers will help participating schools
   59  improve student achievement and school management.
   60         7.Provide each participating school’s mission and a
   61  description of its student population.
   62         (b)The state board shall establish criteria, which must
   63  include the criteria listed in paragraph (a), for the approval
   64  of an autonomy proposal.
   65         (c)A district school board must submit its principal or
   66  teacher autonomy proposal to the state board for approval by
   67  December 1 in order to begin participation in the subsequent
   68  school year. By February 28 of the school year in which the
   69  proposal is submitted, the state board shall notify the district
   70  school board in writing whether the proposal is approved.
   71         (3)EXEMPTION FROM LAWS.—
   72         (a)With the exception of those laws listed in paragraph
   73  (b), a participating school is exempt from the provisions of
   74  chapters 1000-1013 and rules of the state board that implement
   75  those exempt provisions.
   76         (b)A participating school shall comply with the provisions
   77  of chapters 1000-1013, and rules of the state board that
   78  implement those provisions, pertaining to the following:
   79         1.Those laws relating to the election and compensation of
   80  district school board members, the election or appointment and
   81  compensation of district school superintendents, public meetings
   82  and public records requirements, financial disclosure, and
   83  conflicts of interest.
   84         2.Those laws relating to the student assessment program
   85  and school grading system, including chapter 1008.
   86         3.Those laws relating to the provision of services to
   87  students with disabilities.
   88         4.Those laws relating to civil rights, including s.
   89  1000.05, relating to discrimination.
   90         5.Those laws relating to student health, safety, and
   91  welfare.
   92         6.Section 1001.42(4)(f), relating to the uniform opening
   93  date for public schools.
   94         7.Section 1003.03, governing maximum class size, except
   95  that the calculation for compliance pursuant to s. 1003.03 is
   96  the average at the school level for a participating school.
   97         8.Sections 1012.22(1)(c) and 1012.27(2), relating to
   98  compensation and salary schedules.
   99         9.Section 1012.33(5), relating to workforce reductions for
  100  annual contracts for instructional personnel. This subparagraph
  101  does not apply to at-will employees.
  102         10.Section 1012.335, relating to annual contracts for
  103  instructional personnel hired on or after July 1, 2011. This
  104  subparagraph does not apply to at-will employees.
  105         11.Section 1012.34, relating to personnel evaluation
  106  procedures and criteria.
  107         12.Those laws pertaining to educational facilities,
  108  including chapter 1013, except that s. 1013.20, relating to
  109  covered walkways for relocatables, and s. 1013.21, relating to
  110  the use of relocatable facilities exceeding 20 years of age, are
  111  eligible for exemption.
  112         13.Those laws pertaining to participating school
  113  districts, including this section and ss. 1011.69(2) and
  114  1012.28(8).
  115         (4) PROFESSIONAL DEVELOPMENT.—Each participating school
  116  district shall require that the principal or select group of
  117  teachers of each participating school, a three-member leadership
  118  team from each participating school, and district personnel
  119  working with each participating school complete a nationally
  120  recognized school turnaround program which focuses on improving
  121  leadership, instructional infrastructure, talent management, and
  122  differentiated support and accountability. The required
  123  personnel must enroll in the school turnaround program upon
  124  acceptance into the pilot program.
  125         (5)TERM OF PARTICIPATION.—The state board shall authorize
  126  a school district to participate in the pilot program for a
  127  period of 3 years commencing with approval of the autonomy
  128  proposal. Authorization to participate in the pilot program may
  129  be renewed upon action of the state board. The state board may
  130  revoke authorization to participate in the pilot program if the
  131  school district fails to meet the requirements of this section
  132  during the 3-year period.
  133         (6)REPORTING.—Each participating school district shall
  134  submit an annual report to the state board. The state board
  135  shall annually report on the implementation of the Autonomy
  136  Pilot Program Initiative. Upon completion of the pilot program’s
  137  first 3-year term, the Commissioner of Education shall submit to
  138  the President of the Senate and the Speaker of the House of
  139  Representatives by December 1 a full evaluation of the
  140  effectiveness of the pilot program.
  141         (7) FUNDING.—The Legislature may appropriate funding to the
  142  department in the General Appropriations Act for the costs of
  143  the pilot program initiative, including administrative costs and
  144  enrollment costs for the school turnaround program and an
  145  additional scholarship to each participating principal or select
  146  group of teachers to be used at their schools.
  147         (8) RULEMAKING.—The State Board of Education shall adopt
  148  rules to administer this section.
  149         Section 6. Subsection (2) of section 1011.69, Florida
  150  Statutes, is amended to read:
  151         1011.69 Equity in School-Level Funding Act.—
  152         (2) Beginning in the 2003-2004 fiscal year, district school
  153  boards shall allocate to schools within the district an average
  154  of 90 percent of the funds generated by all schools and
  155  guarantee that each school receives at least 80 percent, except
  156  schools participating in an autonomy pilot program under s.
  157  1011.6202 are guaranteed to receive at least 90 percent, of the
  158  funds generated by that school based upon the Florida Education
  159  Finance Program as provided in s. 1011.62 and the General
  160  Appropriations Act, including gross state and local funds,
  161  discretionary lottery funds, and funds from the school
  162  district’s current operating discretionary millage levy. Total
  163  funding for each school shall be recalculated during the year to
  164  reflect the revised calculations under the Florida Education
  165  Finance Program by the state and the actual weighted full-time
  166  equivalent students reported by the school during the full-time
  167  equivalent student survey periods designated by the Commissioner
  168  of Education. If the district school board is providing programs
  169  or services to students funded by federal funds, any eligible
  170  students enrolled in the schools in the district shall be
  171  provided federal funds.
  172         Section 7. Subsection (8) is added to section 1012.28,
  173  Florida Statutes, to read:
  174         1012.28 Public school personnel; duties of school
  175  principals.—
  176         (8)The principal of a school or a select group of teachers
  177  participating in an autonomy pilot program under s. 1011.6202
  178  have the following additional authority and responsibilities:
  179         (a)In addition to the authority provided in subsection
  180  (6), the authority to select qualified instructional personnel
  181  for placement or to refuse to accept the placement or transfer
  182  of instructional personnel by the district school
  183  superintendent. Placement of instructional personnel at a
  184  participating school in a participating school district does not
  185  affect the employee’s status as a school district employee.
  186  (b)The authority to deploy financial resources to school
  187  programs at the principal’s or the select group of teachers’
  188  discretion to help improve student achievement, as defined in s.
  189  1008.34(1), and meet performance goals identified in the
  190  autonomy proposal submitted pursuant to s. 1011.6202.
  191         (c) To annually provide to the district school
  192  superintendent and the district school board a budget for the
  193  operation of the participating school that identifies how funds
  194  provided pursuant to s. 1011.69(2) are allocated. The school
  195  district shall include the budget in the annual report provided
  196  to the State Board of Education pursuant to s. 1011.6202(6).
  198  ================= T I T L E  A M E N D M E N T ================
  199  And the title is amended as follows:
  200         Between lines 41 and 42
  201  insert:
  202         creating s. 1011.6202, F.S.; creating the Autonomy
  203         Pilot Program Initiative; providing a purpose for the
  204         initiative; providing a procedure for a school
  205         district to participate in the initiative; providing
  206         requirements for participating school districts and
  207         schools; exempting participating schools from certain
  208         laws and rules; requiring principals or select groups
  209         of teachers at participating schools and other
  210         specified personnel to complete a nationally
  211         recognized school turnaround program; providing for
  212         the term of participation in a pilot program;
  213         providing for renewal or revocation of authorization
  214         to participate in a pilot program; providing for
  215         reporting, funding, and eligibility requirements for
  216         certain funding and rulemaking; amending s. 1011.69,
  217         F.S.; requiring participating district school boards
  218         to allocate a specified percentage of certain funds to
  219         participating schools; amending s. 1012.28, F.S.;
  220         providing additional authority and responsibilities of
  221         the principal or select group of teachers of a
  222         participating school;