Three Republican Senators Start the DeRegulation Conversation

While Florida’s State Board of Education (FLBOE) passed on its responsibility to review the entirety of the Early Learning-20 Education Code and make recommendations to repeal or replace the bureaucratic red-tape hindering public schools’ innovation and progress, at least three Republican senators are taking their task of reducing onerous and excessive regulations quite seriously.

Here is a sneak peek at some of their recommended de-regulations:

• Eliminating mandatory, test-based 3rd grade retention.
• Removes the requirements for students to pass grade 10 ELA and Algebra 1 EOC to earn a standard high school diploma.
• Prohibits the requirement that VAM be used as the sole determinate in recruiting instructional personnel in turnaround schools
• Eliminates cost per student station limitations on school board construction projects
• Eliminating the annual contract for experienced high quality teachers

It is remarkable that some of these recommendations are even being brought up for discussion in Florida and I appreciate the Senate’s role in beginning this conversation.

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 Last week, I predicted that the “Florida Board of Education’s recommendations” for the de-regulation of Florida’s Early Learning-20 Education Code, required by last session’s HB1, would avoid addressing anything having to do with Florida’s Accountability system, school grades or the high stakes attached to state mandated standardized testing.

[I placed “Florida Board of Education’s recommendations” in quotation marks because, at the last FLBOE meeting on October 18,2023, Florida’s Commissioner of Education, Manny Diaz Jr., asked the FLBOE to delegate that responsibility to him and, of course, they did.]

While district managed public schools are overburdened by state mandated, high stakes standardized assessments, whose scores are misused in almost every way imaginable, and have led to a narrowing of curriculum, a teacher exodus and a test focused environment that sucks joy out of the classroom, Florida’s recently expanded Universal Education Savings Account (ESA) vouchers have none of the high stakes, test based accountability systems or any academic accountability or oversight at all. The “playing field” is certainly not level and the high stakes testing machine bears much of that responsibility.

My predictions came true on November 1st, when the “FLBOE’s recommendations” were released to the governor and legislature. (Attached here). The FLBOE de-regulation attempt was perfunctory at best. It primarily eliminated redundant reporting and eliminated a few programs no longer active (like the Competency Based Education Pilot which ended this past spring and was not renewed). If this is all that is passed this legislative session, there will be NO noticeable leveling of the so-called playing field.

President Kathleen Passidomo’s Senate seems to have other ideas.

It was the Florida Senate that insisted on attaching the de-regulation of public schools to HB1 last session. On Tuesday we will see just how serious they are. At the moment, things are looking optimistic.

The Senate Education PreK-12 Committee meets on Tuesday, 11/7/23 at 3:45pm. (If you can’t be there, you can watch on thefloridachannel.org). On the agenda is a “Workshop on Recommendations to Reduce Regulations on Public Schools.” The meeting documents include not just the perfunctory “FLBOE’s recommendations” required by law, but also a significant number of repeal/replace opportunities proposed by Senators Calatayud, Hutson and Simon (Simon is the chair of the Senate Ed committee). Some of their recommendations, if enacted, would result in significant relief for our public school students and schools. These senators, unlike the FLBOE, seem to have taken their de-regulation assignment seriously and I appreciate it. This conversation is long overdue.

Here are a few of Senator Calatyud’s (R-Miami) suggestions (and my first thoughts, my favorites are bolded). The numbers refer to the specific de-regulation number in the Meeting Documents):

• (1) Extending the validity of the professional teacher certificate to 10 years for teachers holding a 5 year certificate and are rated effective or highly effective. (this is good)
• (13) Allows multi-year contracts to effective and highly effective certified teachers, eliminating the mandated annual contract for great teachers. (this is very good and much needed for teacher retention)
• (14) Give local school boards more control over teacher salary adjustments, like advanced degrees and longevity. (local control is good)
• (15) Increase the weight of standardized test score to 50% of a teacher’s evaluation (not so good, raises high stakes)

Here are a few of Senator Hutson’s (R-Flagler, Putnam, St. Johns, Volusia) suggestions (and my first thoughts):

• (9) Give local school board more flexibility regarding State Requirements for Educational Facilities (SREF). (probably good)
• (12) Eliminates cost per students station limitations on school board construction projects (very good)
• (14,15) Removes the requirement that surplus school property be provided for a charter school’s use on the same basis as it is made to other public schools in the district (good).
• (30) Clarifies that the State Board of Education is authorized to adopt rules as specifically provided in law. (much needed with the current makeup of the FLBOE)

Here are a few of Chair Simon’s (R-Big Bend area of Florida) suggestions (and my first thoughts). Of note, Chair Simon carried HB1 in the Senate and insisted on the de-regulation portion. Will his recommendations hold significant weight? One can only hope.:

• (2) Eliminates mandatory third grade retention based on state mandated test scores. (This is fantastic. Eliminates arguably the highest of the stakes and there is plenty of research supporting its elimination.).
• (3) Extends the amount of time for a district to implement a district managed turnaround plan from 2 years to 4 years. (very good)
• (3) Allows community partnership schools to be a turnaround option. (very good)
• (3) Prohibits the requirement that VAM be used as the sole determinate in recruiting instructional personnel in turnaround schools. (very good)
• (4) Requires that any changes made by the FLBOE to the school grade calculation may not go into effect until the following school year. (good)
• (6) Removes the requirements for students to pass grade 10 ELA and Algebra 1 EOC to earn a standard high school diploma. (Another fantastic recommendation. Voucher students have not test based graduation requirement. This clearly levels the playing field.)
• (10) Tinkers with recess mandates… (Recess moms take note).

Once again, I want to express my appreciation to Senators Simon, Hutson and Calatayud for their thoughtful input. I hope a real conversation will begin.

The House Education Quality subcommittee is hearing a presentation on recommendations from the State Board of Education on Wednesday, November 08, 2023 at 3:00 PM. Will they embrace deregulation? Time will tell.

Please read all the current recommendations and be prepared to discuss with your local legislator. This is the opportunity we have been waiting for. Don’t waste it.