Saturday, April 17, 2010

FLORIDA LEGISLATIVE SESSION UPDATE

FLORIDA LEGISLATIVE SESSION UPDATE

After three years of failed negotiations and lobbying, this week's Senate 29-9 approval of a billion-dollar gambling comact (PDF) with the Seminole Tribe of Florida might have been the big political news of the week. As it turns out, this historic event was given relatively spare notice in the media.

 

The big news of the week was of course the Governor's veto of Senate Bill 6. This decision came after a frenzy of lobbying and citizen action of such widespread involvement that it was repeatedly compared to the nationwide interest surrounding former Gov. Jeb Bush's involvement with the Terri Schiavo case. The public debate over Senate Bill 6 included the direct participation of national and international education figures such as Diane Ravitch (Web page) and Henry Giroux (Web page). The Governor received over 100,000 e-mail messages regarding the bill, nearly all of which were in opposition to it. The public debate took place largely on Web resources such as Twitter, YouTube, and Facebook.

 

The Governor provided a detailed veto letter (PDF) outlining his specific concerns with the bill, including the lack of adequate provisions of the teachers of students with disabilities and the mistrust created by the lack of stakeholder participation. He explained that could not support the bill because it was "contrary to my firmly held principle to act in the best interest of the people of Florida," The Governor's decision to veto the bill was supported by the Florida Education Association, the Florida School Boards Association, the Florida Association of School Administrators, and the Florida Association of District School Superintendents.

 

However, the veto was also condemned by party leaders and education privatizers. Sen. John Thrasher (R-Jacksonville) the chief sponsor of the bill and the chairman of the Republican Party of Florida, declared his disappointment and predicted that the measures in the bill would soon the law in most states in the country. Former U.S. Senator Connie Mack, a longtime political mentor for Crist, immediately resigned his position as the chairman of Crist's own campaign for the U.S. Senate. Senate President Jeff Atwater (R-North Palm Beach) said the veto message was "over the top." Former Gov. Jeb Bush, for whom the bill has been a long-sought goal, declared that the Governor's veto "jeopardized the ability of Florida to build on the progress of the last decade." Former U.S. Speaker of the House Newt Gingrich said that “It is very disappointing that Governor Crist abandoned the children of Florida and sided with the teachers union." Rick Hess, (Web page) writing in his Education Week blog, complained that when given an opportunity to end "lifelong sinecure for mediocre teachers," the Governor "folded like a cheap suit." The Wall Street Journal (Web page) suggested that the electorate of Florida might not agree with its teachers, and that we might be seeing Crist's political career "go down in flames."

 

Meanwhile, the House and Senate spent quite a bit of time in budget conference, with about $1 billion in still-unresolved differences. As of this afternoon, the most persistent rumor was that the session would not end on time.

 

Bill updates follow.

 

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SENATE 0002 (by Don Gaetz, R-Destin, and 19 others). This bill proposes an amendment to the class size requirements in the Florida Constitution and would provide that, beginning with the 2010-2011 school year, maximum class size would be the school level average number of students who can be assigned to each teacher. This bill was supported by the Florida School Boards Association, the Florida Association of District School Superintendents, the Florida Association of School Administrators, and the Florida Chamber of Commerce. The bill was opposed by the Florida Education Association. The bill was approved by the Senate on March 25th in a 26-12 vote. The bill passed the House by a 77-41 vote. This does not require approval of the Governor. Florida voters will consider the amendment in November, and a 60% vote is necessary for approval. The original class size amendment was approved by Florida voters in 2002 with a 52% vote.

 

This week's action: None. The bill has passed and the issue will be considered by Florida voters in November.

 

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SENATE 0004 (by Nancy Detert, R-Venice and 10 others). Similar to HOUSE 7053. This bill is consistent, in part, with proposals from the Bill & Melinda Gates Foundation, the Foundation for Florida's Future, and Achieve, Inc. It is also consistent with the state's Race to the Top grant proposal. This bill would eliminate FCAT administration for mathematics (Grades 9 and 10) and science (Grade 11) in favor of end-of-course examinations. It would require students to pass Geometry, Biology I, Algebra II, Chemistry or physics, and an "equally rigorous science course" in order to graduate from high school. It would also require passing certain end-of-course examinations in order to receive credit in most of those courses, and would allow students to earn credit in those courses by examination only. It would also require high school students to take at least one virtual course in order to graduate. The bill would eliminate Florida's current system of having high school students declare majors. The bill was approved by the Education Committee on March 10th by a 6-2 vote. The bill was approved on March 16th by the Senate Policy & Steering Committee on Ways and Means with 17-7 vote. Along with four amendments, the bill was approved on March 24th by the Senate 36-1. The Governor has indicated he would likely sign the bill if approved by the House. On April 8th, the House passed the bill 106-12.

This week's action: The bill was sent to the Governor on April 15th. He has until April 22nd to act.

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SENATE 0006 (by John Thrasher, R-Jacksonville and 8 others). Similar to HOUSE 7189. This bill is consistent, in part, with proposals from the Bill & Melinda Gates Foundation, the Foundation for Florida's Future, and Achieve, Inc. It is also consistent with the state's Race to the Top grant proposal. It would require that more than 50 percent of the salary of instructional personnel and school-based administrators (including those in charter schools) would be based on student learning gains and would require differentiated pay for difficult assignments. It would forbid school districts from considering an employee's experience or education in its salary schedule, although a controversial amendment apparently would allow advanced degrees to be considered in individual cases if they can be demonstrated to contribute to improved learning gains. It would withhold five percent of the total local, state, and federal funding allocated for each district to be held in a special incentive fund for performance pay. It would abolish professional services contracts for teachers hired after July 1, 2010 and limit those teachers to holding only probationary or annual contracts. It would also require that non-instructional personnel would be compensated under a performance pay plan. It would require all high schools (including all charter high schools) to implement end-of-course examinations in all subjects not tested with FCAT, IB, AP, or similar examinations. The bill provides for the suspension or removal of a superintendent whose standardized testing program is found to be out of compliance with security requirements. The bill would shorten the time available to obtain professional certification and would abolish certification on the basis of a National Board for Professional Teaching Standards credential. The bill would limit Dale Hickam bonuses for National Board teachers to those who who already hold a National Board certificate and who are currently teaching. The bill was approved by the Education Committee on March 10th by a 6-2 vote. It was approved by the Policy & Steering Committee on Ways and Means on March 19th by a 15-8 vote. On March 24, the bill was approved with six amendments by a 21-17 vote mostly along party lines (four Republicans voted against the bill and no Democrats voted for it.) The Governor has indicated he would likely sign the bill if approved by the House. On April 8th, the House approved the bill 64-55.

This week's action:  The Governor voted the bill on April 15th. No further action is expected this session.

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SENATE 1344 (by Evelyn Lynn, R-Daytona Beach). This bill reduces state costs of providing the Bright Futures scholarships by increasing the legibility requirements and by raising the academic requirements necessary to maintain the scholarships. On March 25th, the Senate Policy & Steering Committee on Ways and Means approved by the bill by an 18-5 vote. On March 31st, the Senate approved the bill by a 33-4 vote.

This week's action: None.

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SENATE 2022 (by J.D. Alexander, R-Lake Wales) would require Florida Retirement System-covered employees to contribute 0.25% of their gross salary to the state retirement fund. This would be a historic change, since FRS would thus become a member-contributory system for the first time in the era of the current retirement system. On March 25th, the bill was approved by the  Senate Policy & Steering Committee on Ways and Means in a 15-8 vote. On March 31st, the bill was passed by the Senate in a 26-7 vote.

This week's action: None.

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SENATE 2126 (by Joe Negron, R-Palm City and 18 others) would expand Florida's private school voucher program, currently funded by corporate tax credits. The bill would increase the per-student amount paid to private schools from the current $3,950 to an estimated $5,500, or a total cost of about $140 million. On March 16th, the bill was approved by the Senate Finance and Tax Committee by 4-1 vote. On March 19th, the bill was approved 16-6 by the Policy & Steering Committee on Ways and Means. On March 24th, the bill was approved by the Senate on a 27-11 vote

This week's action: The bill was sent to the Governor on April 15th. He has until April 22nd to act.

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SENATE 2262 (by John Thrasher, R-Jacksonville) Similar to HOUSE 1173. authorizes charter schools to operate as franchises of the Florida Virtual School. It provides that home-schooled students may enroll in courses offered by the Florida Virtual School or a franchisee, and provides that home-schooled students may enroll in courses offered in the school district in which the student resides. The bill requires that high school students take at least one virtual course.

This week's action: The bill passed the the Senate K-12 Education Committee 12-5 on April 14th.

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HOUSE 5101 (by Anitere Flores, R-Miami and 13 others) addresses multiple topics. It requires school districts to make contingency plans for class size compliance pending the outcome of the proposed November 2010 constitutional amendment. This bill would have the constitutional class size calculations be based on February reporting rather than October, and increase the fiscal penalty for non-compliance to include the base student allocation in addition to the class size allocation for all students over the constitutional limits. It requires detailed reported on the education of gifted students. This bill would require that all high school materials be primarily adopted and delivered in electronic format and promotes adoption of electronic learning management systems. The bills provides additional rules regarding admission of virtual school students, including a sibling eligibility provision. On March 23rd, the bill was approved by the House Full Appropriations Council on Education & Economic Development by a 12-5 vote. The bill was approved by the House on April 1st in a 74-45 vote. The bill was approved by the Senate on April 6th in a 28-11 vote.

This week's action: None. In messages.

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HOUSE 5701 (by David Rivera, R-Miami and 17 others) would abolish the health insurance subsidy of up to $150 per month currently paid to FRS retirees who have health insurance. On March 23rd, the bill was approved by the House Full Appropriations Council on Education & Economic Development in an 11-6 vote. On April 1, the bill was approved by the House in a 63-56 vote.

This week's action: None. In messages.

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RUNNING THE NUMBERS

(1) Percentage change in Florida tax revenue from tobacco since last year: -23.7%

(2) Percentage change in tax revenue from hospital fees: +83.5%

(3) Percentage change in tax revenue from highway safety fees: +420.3%

(4) Number of U.S. states with a per-resident cost for state employee payroll lower than Florida's: 0

(5) Per-resident cost for state employee payroll in Florida: $38

(6) Average per-resident cost of state employee payroll in the U.S.: $69

Sources

(1-3) Florida Monthly Revenue Report (PDF)

(4-6) Division of Management Services FY 08-09 Annual Workforce Report (PDF) 

 

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