Issue #19

February 13, 2006

The Performance Pay Rule: E-Comp

FEA has filed a challenge to the Department of Education rule on performance pay, known as "E-Comp." The DOE is attempting to make a rule change establishing a performance pay proposal for public school teachers based on what they describe as "learning gains" on the state’s FCAT tests.

FEA, filed a petition Friday, along with the Teachers Association of Lee County, seeking to invalidate the proposed rule because the DOE exceeded its statutory authority from the Legislature in making the rule. Beyond that, the FEA believes that this rule uses an arbitrary and incomplete method of determining outstanding teachers in Florida’s public schools.

According to the DOE’s website: "E-Comp is Florida’s performance pay plan for teachers. It has two parts:

1. All teachers have a portion of their salary that is based on their student's learning gains.
2. Outstanding teachers receive a supplement of at least 5% of their base salary.

Outstanding teachers are identified in two ways:

1. The top 10 percent of teachers of Sunshine State Standards will be identified by the state at the elementary, middle and high school levels, as measured by student learning gains assessed by the FCAT. Districts must name these as outstanding teachers and reward each with a supplement equal to 5 percent of their base salary, provided that they are not subject to discipline by the district.
2. Teachers of Sunshine State Standards content that is not assessed by FCAT are identified and named as outstanding by their districts. Districts will develop a system for identifying these teachers, who will also be rewarded with at least a supplement equal to 5 percent of their base salary, provided that they are not subject to discipline by the district. "

"Any performance pay system must be clear in its goals, must be clear on how a teacher may meet those goals, must be negotiated at the local level by teachers and the administration and must be fully funded -- not only in the first year, but in subsequent years to encourage buy-in and stability. This proposal fails on all fronts." ­ Andy Ford

For more spin­ err ­ information visit DOE’s question and answer on E-Comp click on the following link:
http://fldoe.org/faq/faq.asp?Dept=131&Cat=87ttp://fldoe.org/faq/faq.asp?Dept=131&Cat=87

The Count Down Begins - Less than 30 days until the 2006 Legislative Session

We are gearing up for what looks like a bumpy ride ahead as the 2006 Legislative Session begins on Tuesday, March 7. There is already in-fighting and back-stabbing, a senate leadership struggle, drama and deal-making­not to mention that some pretty ugly bills are being filed. Get ready to "Pump Up the Volume" in the coming weeks!!!

Here We Go Again: Paycheck "Deception" Bill Filed in House

We have not seen it since 2003, but paycheck deception is back in HB 1059 by Rep. David Rivera (R-Miami). A Senate companion has not been filed ­ yet. The draft is almost a word-for-word copy of the 2003 draft and once again only targets unions representing instructional personnel.

We will keep you apprised on this bill’s activity and any news related to the Senate.

To view the full bill text visit:
http://www.flsenate.gov/data/session/2006/House/bills/billtext/pdf/h105900.pdf

Come On, Come On, Do The Locomotion With Me!

Last Week’s Legislative Committee Meetings at a Glance

The trains are beginning to leave the station! In legislature-speak a "train" is a large bill that contains everything but the kitchen sink, and grows as amendments are attached to it at its various committee stops and on the chamber floor. So far the legislature has at least two education trains stoking up and blowing smoke:

The Senate released its version of A++ numbered SPB 7088. One big difference from the House Committee Bill is the section on required instruction.

From last year are a number of separate bills incorporated into this Proposed Committee Bill that say American history shall be taught and viewed as factual, not constructed, knowable, teachable, and testable and be defined on the universal principles in the Declaration of Independence. Also included is a requirement that we teach the nature and importance of the free enterprise system.

Character education is amended to include respect for authority, life, liberty and personal property, charity, and racial, ethnic, and religious tolerance and cooperation. This is all in addition to differential pay, performance pay, reporting the salaries of school district paid release time union positions, and changes to teacher assignment.

The House Universities and Colleges Committee released a 295 page draft of its higher education governance bill. The draft includes everything from more clearly defining powers and duties of the Board of Governors and University Board of Trustees, to definitions of residency for tuition purposes, to who has authority over state university employees in regards to group insurance programs. The bill will be work-shopped later on in the committee process.

At this time, the only way to view the draft bill is by downloading the committee meeting packet: http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=2240&Session=2006&DocumentType=Meeting%20Packets&FileName=colleges_univ_02_07_06.pdf

The Judiciary Committee of the Florida House held hearings on two bills of importance to FEA:

HJR 39 sponsored by Representative Farkas (St. Petersburg) would place Limitations on Assessments of Residential and Commercial Property. If passed, Florida Voters would be asked to extend the property tax protections of Homestead Exemption to all property (Commercial, Industrial, Rental, etc.). Additionally, the bill would even prevent property from being reassessed at fair market value upon change of ownership. Effectively, the bill would take away a significant amount of revenue from cities, counties and school districts.

The good news is that the bill faced opposition from all sides. Republican legislators were reluctant to move the bill in its current form and after much discussion it was Temporarily Postponed. Representative Brummer was the strongest supporter of the legislation and Representatives Pickens and Seiler expressed the strongest reservations. Chairman Simmons committed that the bill would be back before the committee before the end of February.

Proposed Committee Bill JU 06-02 was pushed through without discussion or debate. The bill would place additional restrictions on attempts to amend the State Constitution. The bill was taken up in the last three minutes of the committee meeting. A motion was made to vote at a time certain and the bill was passed without much discussion or debate. Representative Gelber protested the fact that legislation of this magnitude was passed out of the Judiciary Committee without proper discussion and debate. Representative Gelber did manage to point out that under the provisions of this bill, the Voluntary Pre-K Amendment which was approved by 59% of voters would not have been adopted.

Thank you to Joe Minor of United Teachers of Dade for contributing to this report.

High School Reform Task Force Update

Commissioner Winn and presented 15 recommendations to the House Prekindergaten-12 Education Committee from the High School Reform Task Force. These recommendations included that Florida high school students should focus on major and minor subjects, just like their college counterparts. Additionally the task force recommended that high school students shouldn't be retained at lower grade levels if they fail a course or two.

Others recommendations include: a new diploma with tougher graduation requirements, special classes to help low-performing middle and high school students catch up and making reading instruction a part of other classroom work.

"What we're advocating is about major culture change," said Florida Education Commissioner John Winn. "We need a culture of rigor. We need a culture of caring." The House Committee wasn’t convinced if that would be the outcome of the recommendations.

The committee took no immediate action, but Chairman Rafael Arza, R-Hialeah, expressed serious concerns about the recommended reforms impact on certain populations of students who already have high dropout rates. Other committee members expressed concerns about the recommendations impact on graduation rates, minorities, career and vocational programs and principal leadership.

Chairman Arza also indicated that high schools may be the most important issue the committee deals with during the 2006 legislative session.

To learn more or view the High School Reform Task Force and meeting materials and resources please visit www.fldoe.org/hsreform.

For more information contact Michael.monroe@floridaea.org or by calling (850) 224-2078.

This Week In the Legislature...

The Senate Education Committee will be considering the A++ Bill (SB 7088) Tuesday at 9 am. Middle school and high school reform will also be discussed.

http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2006&billnum=7088

The House is meeting but will only be discussing budget issues. Look for more information in the Legislative Update by Wednesday.