House Bill 0753

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    Florida House of Representatives - 1999                 HB 753

        By Representative Lynn






  1                      A bill to be entitled

  2         An act relating to education; stating an intent

  3         to increase standards for the preparation,

  4         certification, and professional development of

  5         educators; directing the Department of

  6         Education to review statutes and rules

  7         governing certification to increase efficiency,

  8         rigor, and alternatives in the certification

  9         process; requiring a report; amending s.

10         24.121, F.S.; specifying conditions for

11         withholding allocations from the Educational

12         Enhancement Trust Fund; amending s. 229.592,

13         F.S.; prohibiting the waiver of a required

14         report of out-of-field teachers; amending s.

15         230.23, F.S., relating to district school board

16         powers and duties; requiring certain

17         performance-based pay for school administrators

18         and instructional personnel; amending s.

19         231.02, F.S.; correcting a reference; amending

20         s. 231.0861, F.S.; requiring the State Board of

21         Education to approve criteria for selection of

22         certain administrative personnel; authorizing

23         school districts to contract with private

24         entities for evaluation and training of such

25         personnel; amending s. 231.085, F.S.;

26         specifying principals' responsibilities for

27         assessing performance of school personnel and

28         implementing the Sunshine State Standards;

29         amending s. 231.087, F.S.; requiring the State

30         Board of Education to adopt rules governing the

31         training of school district management

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  1         personnel; providing for review and repeal of

  2         the Management Training Act; requiring

  3         recommendations; amending s. 231.09, F.S.;

  4         prescribing duties of instructional personnel;

  5         amending s. 231.096, F.S.; requiring a school

  6         board plan to ensure the competency of teachers

  7         with out-of-field teaching assignments;

  8         amending s. 231.145, F.S.; revising purpose to

  9         reflect increased requirements for

10         certification; amending s. 231.15, F.S.;

11         authorizing certification based on demonstrated

12         competencies; requiring rules of the State

13         Board of Education to specify certain

14         competencies; requiring consultation with

15         postsecondary education boards; amending s.

16         231.17, F.S.; revising prerequisites for

17         certification; requiring demonstration of

18         general knowledge before temporary

19         certification; increasing the requirement that

20         teachers know and use mathematics, technology,

21         and intervention strategies with students;

22         deleting alternative ways to demonstrate

23         general knowledge competency; amending s.

24         231.174, F.S., relating to district programs

25         for adding certification coverages; removing

26         limitation to specific certification areas;

27         amending s. 231.29, F.S.; requiring certain

28         personnel-performance assessments to be

29         primarily based on student performance;

30         amending s. 231.546, F.S.; specifying duties of

31         the Education Standards Commission; amending s.

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  1         231.600, F.S.; prescribing the responsibilities

  2         of school district professional-development

  3         programs; amending s. 240.529, F.S.; revising

  4         criteria for initial and continuing approval of

  5         teacher-preparation programs; increasing the

  6         requirements for a student to enroll in and

  7         graduate from a teacher-education program;

  8         requiring annual reports of program

  9         performance; creating certain institutes for

10         intensive inservice training in reading,

11         mathematics, and algebra; providing criteria

12         for instruction, admissions, and evaluation;

13         authorizing professional development academies

14         to meet human resource development needs of

15         educators, school, and school districts;

16         providing for organization and operation by

17         public and private partners; providing for

18         funding; specifying duties of the Commissioner

19         of Education; repealing s. 231.601, F.S.,

20         relating to purpose of inservice training for

21         instructional personnel; providing an effective

22         date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  The Legislature intends to implement a

27  comprehensive approach to increase students' academic

28  achievement and improve teaching quality. The Legislature

29  recognizes that professional educators shape the future of

30  this state and the nation by developing the knowledge and

31  skills of our future workforce and laying the foundation for

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  1  good citizenship and full participation in community and civic

  2  life. The Legislature also recognizes its critical role in

  3  meeting the state's educational goals and preparing all

  4  students to achieve at the high levels set by the Sunshine

  5  State Standards. The purpose of this act is to raise standards

  6  for certifying professional educators; establish Institutes

  7  for Excellence in Teaching to respond to professional

  8  development needs; increase accountability for postsecondary

  9  programs that prepare future educators; and increase

10  accountability for administrators who evaluate teacher

11  performance. To further this initiative, the Department of

12  Education must review the provisions of chapter 231, Florida

13  Statutes, and related administrative rules governing the

14  certification of individuals who must hold state certification

15  as a condition of employment in any district school system.

16  The purpose of the review is to identify ways to make the

17  certification process more efficient and responsive to the

18  needs of district school systems and educators; to maintain

19  rigorous standards for initial and continuing certification;

20  and to provide more alternative certification options for

21  individuals who have specific subject-area expertise but have

22  not completed a standard teacher preparation program. The

23  department must evaluate the rigor of the assessment

24  instruments and passing scores required for certification and

25  should consider components of more rigorous and efficient

26  certification systems in other states. The department may

27  request assistance from the Education Standards Commission. By

28  January 1, 2000, the department must submit its findings and

29  recommendations for revision of statutes and administrative

30  rules to the presiding officers of the Senate, the House of

31  Representatives, and the State Board of Education.

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  1         Section 2.  Paragraph (d) of subsection (5) of section

  2  24.121, Florida Statutes, 1998 Supplement, is amended to read:

  3         24.121  Allocation of revenues and expenditure of funds

  4  for public education.--

  5         (5)

  6         (d)  No funds shall be released for any purpose from

  7  the Educational Enhancement Trust Fund to any school district

  8  in which one or more schools do not have an approved school

  9  improvement plan pursuant to s. 230.23(16) or do not comply

10  with school advisory council membership composition

11  requirements pursuant to s. 229.58(1). Effective July 1, 2002,

12  the Commissioner of Education shall withhold disbursements

13  from the trust fund to any school district that fails to adopt

14  the performance-based salary schedule required by s.

15  230.23(5).

16         Section 3.  Subsection (6) of section 229.592, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         229.592  Implementation of state system of school

19  improvement and education accountability.--

20         (6)  EXCEPTIONS TO LAW.--To facilitate innovative

21  practices and to allow local selection of educational methods,

22  the commissioner may waive, upon the request of a school

23  board, requirements of chapters 230 through 239 of the Florida

24  School Code that relate to instruction and school operations,

25  except those pertaining to civil rights, and student health,

26  safety, and welfare. The Commissioner of Education is not

27  authorized to grant waivers for any provisions of law

28  pertaining to the allocation and appropriation of state and

29  local funds for public education; the election, compensation,

30  and organization of school board members and superintendents;

31  graduation and state accountability standards; financial

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  1  reporting requirements; report of out-of-field teaching

  2  assignments under s. 231.095; public meetings; public records;

  3  or due process hearings governed by chapter 120. Prior to

  4  approval, the commissioner shall report pending waiver

  5  requests to the state board on a monthly basis, and shall,

  6  upon request of any state board member, bring a waiver request

  7  to the state board for consideration. If, within 2 weeks of

  8  receiving the report, no member requests that a waiver be

  9  considered by the state board, the commissioner may act on the

10  original waiver request. No later than January 1 of each year,

11  the commissioner shall report to the President and Minority

12  Leader of the Senate and the Speaker and Minority Leader of

13  the House of Representatives all approved waiver requests in

14  the preceding year.

15         (a)  Graduation requirements in s. 232.246 must be met

16  by demonstrating performance of intended outcomes for any

17  course in the Course Code Directory unless a waiver is

18  approved by the commissioner. In developing procedures for

19  awarding credits based on performance outcomes, districts may

20  request waivers from State Board of Education rules relating

21  to curriculum frameworks and credits for courses and programs

22  in the Course Code Directory. Credit awarded for a course or

23  program beyond that allowed by the Course Code Directory

24  counts as credit for electives. Upon request by any school

25  district, the commissioner shall evaluate and establish

26  procedures for variations in academic credits awarded toward

27  graduation by a high school offering six periods per day

28  compared to those awarded by high schools operating on other

29  schedules.

30

31

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  1         1.  A school board may originate a request for waiver

  2  and submit the request to the commissioner if such a waiver is

  3  required to implement districtwide improvements.

  4         2.  A school board may submit a request to the

  5  commissioner for a waiver if such request is presented to the

  6  school board by a school advisory council established pursuant

  7  to s. 229.58 and if such a waiver is required to implement a

  8  school improvement plan required by s. 230.23(16). The school

  9  board shall report annually to the Florida Commission on

10  Education Reform and Accountability, in conjunction with the

11  feedback report required pursuant to subsection (3), the

12  number of waivers requested by school advisory councils, the

13  number of such waiver requests approved and submitted to the

14  commissioner, and the number of such waiver requests not

15  approved and not submitted to the commissioner. For each

16  waiver request not approved, the school board shall report the

17  statute or rule for which the waiver was requested, the

18  rationale for the school advisory council request, and the

19  reason the request was not approved.

20         3.  When approved by the commissioner, a waiver

21  requested under this paragraph is effective for a 5-year

22  period.

23         (b)  Notwithstanding the provisions of chapter 120 and

24  for the purpose of implementing this subsection, the

25  commissioner may waive State Board of Education rules if the

26  school board has submitted a written request to the

27  commissioner for approval pursuant to this subsection.

28         (c)  The written request for waiver of statute or rule

29  must indicate at least how the general statutory purpose will

30  be met, how granting the waiver will assist schools in

31  improving student outcomes related to the student performance

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  1  standards adopted pursuant to subsection (5), and how student

  2  improvement will be evaluated and reported. In considering any

  3  waiver, the commissioner shall ensure protection of the

  4  health, safety, welfare, and civil rights of the students and

  5  protection of the public interest.

  6         (d)  Upon denying a request for a waiver, the

  7  commissioner must state with particularity the grounds or

  8  basis for the denial. The commissioner shall report the

  9  specific statutes and rules for which waivers are requested

10  and the number and disposition of such requests to the Florida

11  Commission on Education Reform and Accountability for use in

12  determining which statutes and rules stand in the way of

13  school improvement.

14         Section 4.  Paragraph (c) of subsection (5) of section

15  230.23, Florida Statutes, 1998 Supplement, is amended to read:

16         230.23  Powers and duties of school board.--The school

17  board, acting as a board, shall exercise all powers and

18  perform all duties listed below:

19         (5)  PERSONNEL.--Designate positions to be filled,

20  prescribe qualifications for those positions, and provide for

21  the appointment, compensation, promotion, suspension, and

22  dismissal of employees as follows, subject to the requirements

23  of chapter 231:

24         (c)  Compensation and salary schedules.--Adopt a salary

25  schedule or salary schedules to be used as a basis for paying

26  all school employees, such schedules to be arranged, insofar

27  as practicable, so as to furnish incentive for improvement in

28  training and for continued and efficient service and fix and

29  authorize the compensation of school employees on the basis of

30  such schedules.  A district school board, in determining the

31  salary schedule for instructional personnel, must base a

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  1  portion of each employee's compensation on performance

  2  demonstrated under s. 231.29 and must consider the prior

  3  teaching experience of a person who has been designated state

  4  teacher of the year by any state in the United States. In

  5  developing the salary schedule, the school board shall seek

  6  input from parents, teachers, and representatives of the

  7  business community. By June 30, 2002, the salary schedule

  8  adopted by the school board must base at least 5 percent of

  9  the salary of school administrators and instructional

10  personnel on annual performance measured under s. 231.29. The

11  district's performance-pay policy is subject to negotiation as

12  provided in chapter 447; however, the adopted salary schedule

13  must allow employees who demonstrate outstanding performance

14  to earn the full 5 percent and must require a 5-percent salary

15  reduction for employees whose performance is unsatisfactory.

16  The Commissioner of Education shall determine whether the

17  board's adopted salary schedule complies with the requirement

18  for performance-based pay. If the board fails to comply by

19  June 30, 2002, the commissioner shall withhold disbursements

20  from the Education Enhancement Trust Fund to the district

21  until compliance is verified.

22         Section 5.  Subsection (1) of section 231.02, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         231.02  Qualifications of personnel.--

25         (1)  To be eligible for appointment in any position in

26  any district school system, a person shall be of good moral

27  character; shall have attained the age of 18 years, if he or

28  she is to be employed in an instructional capacity; and shall,

29  when required by law, hold a certificate or license issued

30  under rules of the State Board of Education or the Department

31  of Health and Rehabilitative Services, except when employed

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  1  pursuant to s. 231.15 or under the emergency provisions of s.

  2  236.0711.  Previous residence in this state shall not be

  3  required in any school of the state as a prerequisite for any

  4  person holding a valid Florida certificate or license to serve

  5  in an instructional capacity.

  6         Section 6.  Subsection (2) of section 231.0861, Florida

  7  Statutes, is amended to read:

  8         231.0861  Principals and assistant principals;

  9  selection.--

10         (2)  By July 1, 1986, Each district school board shall

11  adopt and implement an objective-based process for the

12  screening, selection, and appointment of assistant principals

13  and principals in the public schools of this state which meets

14  the criteria approved by the State Board of Education Florida

15  Council on Educational Management.  Each school district may

16  contract with other local school districts, agencies,

17  associations, private entities, or universities to conduct the

18  assessments, evaluations, and training programs required under

19  this section.

20         Section 7.  Section 231.085, Florida Statutes, is

21  amended to read:

22         231.085  Duties of principals.--A district school board

23  shall employ, through written contract, public school

24  principals who shall supervise the operation and management of

25  the schools and property as the board determines necessary.

26  Each principal is responsible for the performance of all

27  personnel employed by the school board and assigned to the

28  school to which the principal is assigned. The principal shall

29  faithfully and effectively apply the personnel-assessment

30  system approved by the school board pursuant to s. 231.29.

31  Each principal shall perform such duties as may be assigned by

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  1  the superintendent pursuant to the rules of the school board.

  2  Such rules shall include, but not be limited to, rules

  3  relating to administrative responsibility, instructional

  4  leadership in implementing the Sunshine State Standards and of

  5  the overall educational program of the school to which the

  6  principal is assigned, submission of personnel recommendations

  7  to the superintendent, administrative responsibility for

  8  records and reports, administration of corporal punishment,

  9  and student suspension.  Each principal shall provide

10  leadership in the development or revision and implementation

11  of a school improvement plan pursuant to s. 230.23(16).

12         Section 8.  Paragraph (a) of subsection (5) of section

13  231.087, Florida Statutes, is amended, and subsection (7) is

14  added to that section, to read:

15         231.087  Management Training Act; Florida Council on

16  Educational Management; Florida Academy for School Leaders;

17  Center for Interdisciplinary Advanced Graduate Study.--

18         (5)  DISTRICT MANAGEMENT TRAINING PROGRAMS.--

19         (a)  Pursuant to rules guidelines to be adopted by the

20  State Board of Education Florida Council on Educational

21  Management, each school board may submit to the commissioner a

22  proposed program designed to train district administrators and

23  school-based managers, including principals, assistant

24  principals, school site administrators, and persons who are

25  potential candidates for employment in such administrative

26  positions, in the competencies which have been identified by

27  the Florida Council on Educational Management council as being

28  necessary for effective school management. The proposed

29  program shall include a statement of the number of individuals

30  to be included in the program and an itemized statement of the

31

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  1  estimated total cost of the program, which shall be paid in

  2  part by the district and in part by the department.

  3         (7)  REPEAL AND REVIEW OF MANAGEMENT ACT.--The

  4  Department of Education and the Office of Program Policy

  5  Analysis and Governmental Accountability shall conduct a

  6  comprehensive review of the Management Training Act to

  7  determine its effectiveness and by January 1, 2000, shall make

  8  recommendations to the presiding officers of the Legislature

  9  for the repeal, revision, or reauthorization of the act. This

10  section is repealed effective June 30, 2000.

11         Section 9.  Section 231.09, Florida Statutes, is

12  amended to read:

13         231.09  Duties of instructional personnel.--The primary

14  duty of instructional personnel is to work diligently and

15  faithfully to help students meet or exceed annual learning

16  goals, to meet state and local achievement requirements, and

17  to master the skills required to graduate from high school

18  prepared for postsecondary education and work. This duty

19  applies to instructional personnel whether they teach or

20  function in a support role. Members of the instructional staff

21  of the public schools shall perform duties prescribed by rules

22  of the school board.  Such rules shall include, but not be

23  limited to, rules relating to a teacher's duty to help

24  students master challenging standards and meet all state and

25  local requirements for achievement; teaching efficiently and

26  faithfully, using prescribed materials and methods;

27  recordkeeping; and fulfilling the terms of any contract,

28  unless released from the contract by the school board.

29         Section 10.  Section 231.096, Florida Statutes, 1998

30  Supplement, is amended to read:

31

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  1         231.096  Teacher teaching out-of-field;

  2  assistance.--Each school district school board shall adopt and

  3  implement have a plan to assist any teacher teaching

  4  out-of-field, and priority consideration in professional

  5  development activities shall be given to teachers who are

  6  teaching out-of-field. The school board shall require that

  7  such teachers participate in a certification or

  8  staff-development program designed to ensure that the teacher

  9  has the competencies required for the assigned duties. The

10  board-approved assistance plan must include duties of

11  administrative personnel and other instructional personnel to

12  ensure that students receive high-quality instructional

13  services.

14         Section 11.  Section 231.145, Florida Statutes, is

15  amended to read:

16         231.145  Purpose of instructional personnel

17  certification.--It is the intent of the Legislature that

18  school personnel certified in this state possess the

19  credentials, knowledge, and skills necessary to provide a

20  high-quality quality education in the public schools.  The

21  purpose of school personnel certification is to protect the

22  educational interests of students, parents, and the public at

23  large by assuring that teachers in this state are

24  professionally qualified.  In fulfillment of its duty to the

25  citizens of this state, the Legislature has established

26  certification requirements to assure that educational

27  personnel in public schools possess appropriate skills in

28  reading, writing, and mathematics, and adequate pedagogical

29  knowledge and relevant subject matter competence so as to and

30  can demonstrate an acceptable level of professional

31  performance.  Further, the Legislature has established a

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  1  certificate renewal process which promotes the continuing

  2  professional improvement of school personnel, thereby

  3  enhancing public education in all areas of the state.

  4         Section 12.  Section 231.15, Florida Statutes, 1998

  5  Supplement, is amended to read:

  6         231.15  Positions for which certificates required.--

  7         (1)  The State Board of Education shall classify school

  8  services, designate the certification subject areas, establish

  9  competencies and certification requirements for all

10  school-based personnel, and prescribe rules in accordance with

11  which the professional, temporary, and part-time certificates

12  shall be issued by the Department of Education to applicants

13  who meet the standards prescribed by such rules for their

14  class of service. The rules must allow the holder of a valid

15  professional certificate to add an area of certification

16  without completing the associated course requirements if the

17  certificateholder attains a passing score on an examination of

18  competency in the subject area to be added and provides

19  evidence of at least 2 years of satisfactory performance

20  evaluations that considered the performance of students taught

21  by the certificateholder. If the State Board of Education

22  requires completion of a specific number of clock hours of

23  classroom instruction for initial certification, the board

24  shall establish the minimum competencies that applicants must

25  demonstrate in order to be licensed. The demonstration of such

26  competencies may be substituted for specific classroom

27  clock-hour requirements established in statute or rule which

28  are related to instructional programs for certification

29  purposes. Demonstration of the established minimum

30  competencies must be certified by the educational institution

31  that provided the instruction. The State Board of Education

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  1  shall consult with the State Board of Independent Colleges and

  2  Universities, the State Board of Nonpublic Career Education,

  3  the Board of Regents, and the State Board of Community

  4  Colleges before adopting any changes to training requirements

  5  relating to entry into the profession. This consultation must

  6  allow the educational board to provide advice regarding the

  7  impact of the proposed changes in terms of the length of time

  8  necessary to complete the training program and the fiscal

  9  impact of the changes. The educational board must be consulted

10  only when an institution offering the training program falls

11  under its jurisdiction. Each person employed or occupying a

12  position as school supervisor, principal, teacher, library

13  media specialist, school counselor, athletic coach, or other

14  position in which the employee serves in an instructional

15  capacity, in any public school of any district of this state

16  shall hold the certificate required by law and by rules of the

17  state board in fulfilling the requirements of the law for the

18  type of service rendered.  However, the state board shall

19  adopt rules authorizing school boards to employ selected

20  noncertificated personnel to provide instructional services in

21  the individuals' fields of specialty or to assist

22  instructional staff members as education paraprofessionals.

23         (2)  Each person who is employed and renders service as

24  an athletic coach in any public school in any district of this

25  state shall hold a valid part-time, temporary, or professional

26  certificate. The provisions of this subsection do not apply to

27  any athletic coach who voluntarily renders service and who is

28  not employed by any public school district of this state.

29         (3)  Each person employed as a school nurse shall hold

30  a license to practice nursing in the state, and each person

31  employed as a school physician shall hold a license to

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  1  practice medicine in the state.  The provisions of this

  2  subsection shall not apply to any athletic coach who renders

  3  service in a voluntary capacity and who is not employed by any

  4  public school of any district in this state.

  5         (4)(2)  A commissioned or noncommissioned military

  6  officer who is an instructor of junior reserve officer

  7  training shall be exempt from requirements for teacher

  8  certification, except for the filing of fingerprints pursuant

  9  to s. 231.02, if he or she meets the following qualifications:

10         (a)  Is retired from active military duty with at least

11  20 years of service and draws retirement pay or is retired, or

12  transferred to retired reserve status, with at least 20 years

13  of active service and draws retirement pay or retainer pay.

14         (b)  Satisfies criteria established by the appropriate

15  military service for certification by the service as a junior

16  reserve officer training instructor.

17         (c)  Has an exemplary military record.

18

19  If such instructor is assigned instructional duties other than

20  junior reserve officer training, he or she shall hold the

21  certificate required by law and rules of the state board for

22  the type of service rendered.

23         Section 13.  Paragraph (c) of subsection (3) and

24  subsections (4), (5), and (8) of section 231.17, Florida

25  Statutes, 1998 Supplement, are amended to read:

26         231.17  Official statements of eligibility and

27  certificates granted on application to those meeting

28  prescribed requirements.--

29         (3)  TEMPORARY CERTIFICATE.--

30         (c)  To qualify for a temporary certificate, the

31  applicant must:

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  1         1.  File a written statement under oath that the

  2  applicant subscribes to and will uphold the principles

  3  incorporated in the Constitutions of the United States and of

  4  the State of Florida.

  5         2.  Be at least 18 years of age.

  6         3.  Document receipt of a bachelor's or higher degree

  7  from an accredited institution of higher learning, as defined

  8  by state board rule. Credits and degrees awarded by a newly

  9  created Florida state institution that is part of the State

10  University System shall be considered as granted by an

11  accredited institution of higher learning during the first 2

12  years of course offerings while accreditation is gained.

13  Degrees from foreign institutions, or degrees from other

14  institutions of higher learning that are in the accreditation

15  process, may be validated by a process established in state

16  board rule. Once accreditation is gained, the institution

17  shall be considered as accredited beginning with the 2-year

18  period prior to the date of accreditation. The bachelor's or

19  higher degree may not be required in areas approved in rule by

20  the State Board of Education as nondegreed areas. Each

21  applicant seeking initial certification must have attained at

22  least a 2.5 overall grade point average on a 4.0 scale in the

23  applicant's major field of study. The applicant may document

24  the required education by submitting official transcripts from

25  institutions of higher education or by authorizing the direct

26  submission of such official transcripts through established

27  electronic network systems.

28         4.  Be competent and capable of performing the duties,

29  functions, and responsibilities of a teacher.

30         5.  Be of good moral character.

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  1         6.  Demonstrate mastery of general knowledge, including

  2  the ability to read, write, and compute. Individuals who apply

  3  for certification on or after July 1, 2000, must demonstrate

  4  these minimum competencies in order to receive a temporary

  5  certificate.

  6

  7  Rules adopted pursuant to this section shall provide for the

  8  review and acceptance of credentials from foreign institutions

  9  of higher learning.

10         (4)  PROFESSIONAL CERTIFICATE.--The department shall

11  issue a professional certificate for a period not to exceed 5

12  years to any applicant who meets the requirements for a

13  temporary certificate and documents mastery of the minimum

14  competencies required by subsection (5). Mastery of the

15  minimum competencies must be documented on a comprehensive

16  written examination or through other criteria as specified by

17  rules of the state board. Mastery of minimum competencies

18  required under subsection (5) must be demonstrated in the

19  following areas:

20         (a)  General knowledge, including the ability to read,

21  write, and compute. However, individuals who apply for

22  certification on or after July 1, 2000, must demonstrate these

23  minimum competencies in order to receive a temporary

24  certificate.

25         (b)  Professional skills and knowledge of the standards

26  of professional practice.

27         (c)  The subject matter in each area for which

28  certification is sought.

29         (5)  MINIMUM COMPETENCIES FOR PROFESSIONAL

30  CERTIFICATE.--

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  1         (a)  The state board must specify, by rule, the minimum

  2  essential competencies that educators must possess and

  3  demonstrate in order to qualify to teach students the

  4  standards of student performance adopted by the state board.

  5  The minimum competencies must include but are not limited to

  6  the ability to:

  7         1.  Write in a logical and understandable style with

  8  appropriate grammar and sentence structure.

  9         2.  Read, comprehend, and interpret professional and

10  other written material.

11         3.  Comprehend and work with fundamental mathematical

12  concepts, including algebra.

13         4.  Recognize signs of severe emotional distress in

14  students and apply techniques of crisis intervention with an

15  emphasis on suicide prevention and positive emotional

16  development.

17         5.  Recognize signs of alcohol and drug abuse in

18  students and know how to appropriately work with such students

19  and seek assistance designed to prevent apply counseling

20  techniques with emphasis on intervention and prevention of

21  future abuse.

22         6.  Recognize the physical and behavioral indicators of

23  child abuse and neglect, know rights and responsibilities

24  regarding reporting, know how to care for a child's needs

25  after a report is made, and know recognition, intervention,

26  and prevention strategies pertaining to child abuse and

27  neglect which can be related to children in a classroom

28  setting in a nonthreatening, positive manner.

29         7.  Comprehend patterns of physical, social, and

30  academic development in students, including exceptional

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  1  students in the regular classroom, and counsel these students

  2  concerning their needs in these areas.

  3         8.  Recognize and be aware of the instructional needs

  4  of exceptional students.

  5         9.  Comprehend patterns of normal development in

  6  students and employ appropriate intervention strategies for

  7  disorders of development.

  8         10.  Identify and comprehend the codes and standards of

  9  professional ethics, performance, and practices adopted

10  pursuant to s. 231.546(2)(b), the grounds for disciplinary

11  action provided by s. 231.28, and the procedures for resolving

12  complaints filed pursuant to this chapter, including appeal

13  processes.

14         11.  Recognize and demonstrate awareness of the

15  educational needs of students who have limited proficiency in

16  English and employ appropriate teaching strategies.

17         12.  Use and integrate appropriate technology in

18  teaching and learning processes.

19         13.  Use assessment strategies to assist the continuous

20  development of the learner.

21         14.  Use teaching and learning strategies that include

22  considering each student's culture, learning styles, special

23  needs, and socioeconomic background.

24         15.  Demonstrate knowledge and understanding of the

25  subject matter that is aligned with the subject knowledge and

26  skills specified in the Sunshine State Standards and student

27  performance standards approved by the state board.

28         16.  Demonstrate knowledge and skill in managing

29  student behavior inside and outside the classroom. Such

30  knowledge and skill must include techniques for preventing and

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  1  effectively responding to incidents of disruptive or violent

  2  behavior.

  3         17.  Demonstrate knowledge of and skill in developing

  4  and administering appropriate classroom assessment instruments

  5  designed to measure student learning gains.

  6         (b)  The state board shall designate the certification

  7  areas for subject area tests. However, an applicant may

  8  satisfy the subject area and professional knowledge testing

  9  requirements by attaining scores on corresponding tests from

10  the National Teachers Examination series, and successors to

11  that series, that meet standards established by the state

12  board. The College Level Academic Skills Test, a similar test

13  approved by the state board, or corresponding tests from,

14  beginning January 1, 1996, the National Teachers Examination

15  series must be used by degreed personnel to demonstrate

16  mastery of general knowledge as required in paragraphs (3)(b)

17  and paragraph (4)(a). All required tests may be taken prior to

18  graduation. The College Level Academic Skills Test shall be

19  waived for any applicant who passed the reading, writing, and

20  mathematics subtest of the former Florida Teacher

21  Certification Examination or the College Level Academic Skills

22  Test and subsequently obtained a certificate pursuant to this

23  chapter.

24         (8)  EXAMINATIONS.--

25         (a)  The commissioner, with the approval of the state

26  board, may contract for developing, printing, administering,

27  scoring, and appropriate analysis of the written tests

28  required.

29         (b)  The state board shall, by rule, specify the

30  examination scores that are required for the issuance of a

31  professional certificate and certain temporary certificate

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  1  certificates. When the College Level Academic Skills Test is

  2  used to demonstrate general knowledge, Such rules must provide

  3  an alternative method by which an applicant may demonstrate

  4  mastery of general knowledge, including the ability to read,

  5  write, or compute; must define generic subject area

  6  competencies; and must establish uniform evaluation

  7  guidelines. Individuals who apply for their professional

  8  certificate before July 1, 2000, may demonstrate mastery of

  9  general knowledge pursuant to the alternative method specified

10  by state board rule which The alternative method must:

11         1.  Apply only to an applicant who has successfully

12  completed all prerequisites for issuance of the professional

13  certificate, except passing one specific subtest of the

14  College Level Academic Skills Test, and who has taken and

15  failed to achieve a passing score on that subtest at least

16  four times.

17         2.  Require notification from the superintendent of the

18  employing school district, the governing authority of the

19  employing developmental research school, or the governing

20  authority of the employing state-supported school or nonpublic

21  school that the applicant has satisfactorily demonstrated

22  mastery of the subject area covered by that specific subtest

23  through successful experience in the professional application

24  of generic subject area competencies and proficient academic

25  performance in that subject area. The decision of the

26  superintendent or governing authority shall be based on a

27  review of the applicant's official academic transcript and

28  notification from the applicant's principal, a peer teacher,

29  and a district-level supervisor that the applicant has

30  demonstrated successful professional experience in that

31  subject area.

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  1         (c)  If an applicant takes an examination developed by

  2  this state and does not achieve the score necessary for

  3  certification, the applicant may review his or her completed

  4  examination and bring to the attention of the department any

  5  errors that would result in a passing score.

  6         (d)  The department and the board shall maintain

  7  confidentiality of the examination, developmental materials,

  8  and workpapers, and the examination, developmental materials,

  9  and workpapers are exempt from s. 119.07(1).

10         Section 14.  Section 231.174, Florida Statutes, is

11  amended to read:

12         231.174  Alternative preparation programs for certified

13  teachers to add additional coverage.--A district school board

14  may design alternative teacher preparation programs to enable

15  persons already certificated to add an additional coverage to

16  their certificates to teach exceptional education classes or

17  in other areas of critical shortage.  Each alternative teacher

18  preparation program shall be reviewed and approved by the

19  Department of Education to assure that persons who complete

20  the program are competent in the necessary areas of subject

21  matter specialization.  Two or more school districts may

22  jointly participate in an alternative preparation program for

23  teachers.

24         Section 15.  Subsection (3) of section 231.29, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         231.29  Assessment procedures and criteria.--

27         (3)  The assessment procedure for instructional

28  personnel and school administrators must be primarily based on

29  the performance of students assigned to their classrooms or

30  schools, as appropriate. The procedures must shall comply

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  1  with, but need shall not be limited to, the following

  2  requirements:

  3         (a)  An assessment must shall be conducted for each

  4  employee at least once a year. The assessment must shall be

  5  based upon sound educational principles and contemporary

  6  research in effective educational practices. The assessment

  7  must use data and indicators of improvement in student

  8  performance and may consider results of peer reviews in

  9  evaluating the employee's performance. Student performance

10  must be measured by state assessments required under s. 229.57

11  and by local assessments for subjects not measured by the

12  state assessment program. The assessment criteria must

13  include, but are not limited to, indicators that relate to the

14  following:

15         1.  Ability to maintain appropriate discipline.

16         2.  Knowledge of subject matter. The district school

17  board shall make special provisions for evaluating teachers

18  who are assigned to teach out-of-field.

19         3.  Ability to plan and deliver instruction.

20         4.  Ability to evaluate instructional needs.

21         5.  Ability to communicate with parents.

22         6.  Other professional competencies, responsibilities,

23  and requirements as established by rules of the State Board of

24  Education and policies of the district school board.

25         (b)  All personnel must shall be fully informed of the

26  criteria and procedures associated with the assessment process

27  before the assessment takes place.

28         (c)  The individual responsible for supervising the

29  employee must assess the employee's performance. The evaluator

30  must submit a written report of the assessment to the

31  superintendent for the purpose of reviewing the employee's

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  1  contract. The evaluator must submit the written report to the

  2  employee no later than 10 days after the assessment takes

  3  place.  The evaluator must discuss the written report of

  4  assessment with the employee. The employee shall have the

  5  right to initiate a written response to the assessment, and

  6  the response shall become a permanent attachment to his or her

  7  personnel file.

  8         (d)  If an employee is not performing his or her duties

  9  in a satisfactory manner, the evaluator shall notify the

10  employee in writing of such determination. The notice must

11  describe such unsatisfactory performance and include notice of

12  the following procedural requirements:

13         1.  Upon delivery of a notice of unsatisfactory

14  performance, the evaluator must confer with the employee, make

15  recommendations with respect to specific areas of

16  unsatisfactory performance, and provide assistance in helping

17  to correct deficiencies within a prescribed period of time.

18         2.  The employee shall be placed on performance

19  probation and governed by the provisions of this section for

20  90 calendar days from the receipt of the notice of

21  unsatisfactory performance to demonstrate corrective action.

22  School holidays and school vacation periods are not counted

23  when calculating the 90-calendar-day period. During the 90

24  calendar days, the employee must be evaluated periodically and

25  apprised of progress achieved and must be provided assistance

26  and inservice training opportunities to help correct the noted

27  performance deficiencies. At any time during the 90 calendar

28  days, the employee may request a transfer to another

29  appropriate position with a different supervising

30  administrator; however, a transfer does not extend the period

31  for correcting performance deficiencies.

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  1         3.  Within 14 days after the close of the 90 calendar

  2  days, the evaluator must assess whether the performance

  3  deficiencies have been corrected and forward a recommendation

  4  to the superintendent. Within 14 days after receiving the

  5  evaluator's recommendation, the superintendent must notify the

  6  employee in writing whether the performance deficiencies have

  7  been satisfactorily corrected and whether the superintendent

  8  will recommend that the school board continue or terminate his

  9  or her employment contract. If the employee wishes to contest

10  the superintendent's recommendation, the employee must, within

11  15 days after receipt of the superintendent's recommendation,

12  submit a written request for a hearing. Such hearing shall be

13  conducted at the school board's election in accordance with

14  one of the following procedures:

15         a.  A direct hearing conducted by the school board

16  within 60 days after receipt of the written appeal. The

17  hearing shall be conducted in accordance with the provisions

18  of ss. 120.569 and 120.57. A majority vote of the membership

19  of the school board shall be required to sustain the

20  superintendent's recommendation. The determination of the

21  school board shall be final as to the sufficiency or

22  insufficiency of the grounds for termination of employment; or

23         b.  A hearing conducted by an administrative law judge

24  assigned by the Division of Administrative Hearings of the

25  Department of Management Services. The hearing shall be

26  conducted within 60 days after receipt of the written appeal

27  in accordance with chapter 120. The recommendation of the

28  administrative law judge shall be made to the school board. A

29  majority vote of the membership of the school board shall be

30  required to sustain or change the administrative law judge's

31  recommendation. The determination of the school board shall be

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  1  final as to the sufficiency or insufficiency of the grounds

  2  for termination of employment.

  3         Section 16.  Paragraph (a) of subsection (1) of section

  4  231.546, Florida Statutes, 1998 Supplement, is amended to

  5  read:

  6         231.546  Education Standards Commission; powers and

  7  duties.--

  8         (1)  The Education Standards Commission shall have the

  9  duty to:

10         (a)  Recommend to the state board high desirable

11  standards relating to programs and policies for the

12  development, certification and certification extension,

13  improvement, and maintenance of competencies of educational

14  personnel, including teacher interns. Such standards must be

15  consistent with the state's duty to provide a high-quality

16  system of public education to all students.

17         Section 17.  Subsections (1) and (3) and paragraph (b)

18  of subsection (4) of section 231.600, Florida Statutes, 1998

19  Supplement, are amended, and subsections (8) and (9) are added

20  to that section, to read:

21         231.600  School Community Professional Development

22  Act.--

23         (1)  The Department of Education, public community

24  colleges and universities, public school districts, and public

25  schools in this state shall collaborate to establish a

26  coordinated system of professional development. The purpose of

27  the professional development system is to enable the school

28  community to meet state and local student achievement

29  standards and the state education goals and to succeed in

30  school improvement as described in s. 229.591.

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  1         (3)  The activities designed to implement this section

  2  must:

  3         (a)  Increase the success of educators in guiding

  4  student learning and development so as to implement state and

  5  local educational standards, goals, and initiatives;

  6         (b)  Assist the school community in providing

  7  stimulating educational activities that encourage and motivate

  8  students to achieve at the highest levels and to become

  9  developing in school children the dispositions that will

10  motivate them to be active learners; and

11         (c)  Provide continuous support as well as, rather than

12  temporary intervention for education professionals who need

13  improvement in knowledge, skills, and performance, for

14  improving the performance of teachers and others who assist

15  children in their learning.

16         (4)  The Department of Education, school districts,

17  schools, and public colleges and universities share the

18  responsibilities described in this section.  These

19  responsibilities include the following:

20         (b)  Each district school board shall consult with

21  teachers and representatives of college and university

22  faculty, community agencies, and other interested citizen

23  groups to establish policy and procedures to guide the

24  operation of the district professional development program.

25  The professional development system must:

26         1.  Require that principals and schools use student

27  achievement data, school discipline data, school environment

28  surveys, assessments of parental satisfaction, and other

29  performance indicators to identify school and student needs

30  that can be met by improved professional performance, and

31  assist principals and schools in making these identifications;

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  1         2.  Provide training activities coupled with followup

  2  support that is appropriate to accomplish district-level and

  3  school-level improvement goals and standards; and

  4         3.  Provide for systematic consultation with regional

  5  and state personnel designated to provide technical assistance

  6  and evaluation of local professional development programs;.

  7         4.  Provide for delivery of professional development by

  8  distance learning and other technology-based delivery systems

  9  to reach more educators at lower costs; and

10         5.  Continuously evaluate the quality and effectiveness

11  of professional development programs in order to eliminate

12  ineffective programs and strategies and to expand effective

13  ones. Evaluations must consider the impact of such activities

14  on the performance of participating educators and their

15  students' achievement and behavior.

16         (8)  This section does not limit or discourage a

17  district school board from contracting with independent

18  entities for professional-development services and inservice

19  education if the school board believes that, through such a

20  contract, a better product can be acquired or its goals for

21  education improvement can be better met.

22         (9)  For teachers who have been evaluated as less than

23  satisfactory, a school board may require participation in

24  specific professional-development programs as part of the

25  improvement prescription.

26         Section 18.  Subsection (1), paragraph (b) of

27  subsection (3), and subsections (4) and (5) of section

28  240.529, Florida Statutes, are amended to read:

29         240.529  Public accountability and state approval for

30  teacher preparation programs.--

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  1         (1)  INTENT.--The Legislature recognizes that skilled

  2  teachers make the most important contribution to a quality

  3  educational system and that competent teachers are produced by

  4  effective and accountable teacher preparation programs. The

  5  intent of the Legislature is to establish a system for

  6  development and approval of teacher preparation programs that

  7  will free postsecondary teacher preparation institutions to

  8  employ varied and innovative teacher preparation techniques

  9  while being held accountable for producing graduates teachers

10  with the competencies and skills necessary to achieve for

11  achieving the state education goals; help students meet high

12  standards for academic achievement; maintain safe, secure

13  classroom learning environments; and sustain sustaining the

14  state system of school improvement and education

15  accountability established pursuant to ss. 229.591, 229.592,

16  and 229.593.

17         (3)  INITIAL STATE PROGRAM APPROVAL.--

18         (b)  Each teacher preparation program approved by the

19  Department of Education, as provided for by this section,

20  shall require students to meet one of the following as

21  prerequisites a prerequisite for admission into the program:

22         1.  That a student receive a passing score at the 40th

23  percentile or above, as established by state board rule, on a

24  nationally standardized college entrance examination;

25         1.2.  That a student Have a grade point average of at

26  least 2.5 on a 4.0 scale for the general education component

27  of undergraduate studies; or

28         2.3.  That a student Have completed the requirements

29  for a baccalaureate degree with a minimum grade point average

30  of 2.5 on a 4.0 scale from any college or university

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  1  accredited by a regional accrediting association as defined by

  2  state board rule; and.

  3         3.  Beginning with the 2000-2001 academic year,

  4  demonstrate mastery of general knowledge, including the

  5  ability to read, write, and compute by passing the College

  6  Level Academic Skills Test, a corresponding component of the

  7  National Teachers Examination series, or a similar test

  8  pursuant to rules of the State Board of Education.

  9

10  The State Board of Education may shall provide by rule for a

11  waiver of these requirements. The rule shall require that 90

12  percent of those admitted to each teacher education program

13  meet the requirements of this paragraph and that the program

14  implement strategies to ensure that students admitted under a

15  waiver receive assistance to demonstrate competencies to

16  successfully meet requirements for certification.

17         (4)  CONTINUED PROGRAM APPROVAL.--Notwithstanding

18  subsection (3), failure by a public or nonpublic teacher

19  preparation program to meet the criteria for continued program

20  approval shall result in loss of program approval. The

21  Department of Education, in collaboration with the departments

22  and colleges of education, shall develop procedures for

23  continued program approval which document the continuous

24  improvement of program processes and graduates' performance.

25         (a)  Continued approval of specific teacher preparation

26  programs at each public and nonpublic institution of higher

27  education within the state is contingent upon the passing of

28  the written examination required by s. 231.17 by at least 90

29  80 percent of the graduates of the program who take the

30  examination. On request of an institution, the Department of

31  Education shall provide an analysis of the performance of the

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  1  graduates of such institution with respect to the competencies

  2  assessed by the examination required by s. 231.17.

  3         (b)  Additional criteria for continued program approval

  4  for public institutions may be developed by the Education

  5  Standards Commission and approved by the State Board of

  6  Education. Such criteria must emphasize outcome measures and

  7  must may include, but need not be limited to, program

  8  graduates' satisfaction with training and the unit's

  9  responsiveness to local school districts. Additional criteria

10  for continued program approval for nonpublic institutions

11  shall be developed in the same manner as for public

12  institutions; however, such criteria must be based upon

13  significant, objective, and quantifiable graduate performance

14  measures. Responsibility for collecting data on outcome

15  measures through survey instruments and other appropriate

16  means shall be shared by the institutions of higher education,

17  the Board of Regents, the State Board of Independent Colleges

18  and Universities, and the Department of Education. By January

19  1 of each year, the Department of Education, in cooperation

20  with the Board of Regents and the State Board of Independent

21  Colleges and Universities, shall report this information for

22  each postsecondary institution that has state-approved

23  programs of teacher education to the Governor, the

24  Commissioner of Education, the Chancellor of the State

25  University System, the President of the Senate, the Speaker of

26  the House of Representatives, all Florida postsecondary

27  teacher preparation programs, and interested members of the

28  public. This report must analyze the data and make

29  recommendations for improving teacher preparation programs in

30  the state.

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  1         (c)  Beginning July 1, 1997, Continued approval for a

  2  teacher preparation program is contingent upon the results of

  3  annual reviews of the program conducted by the institution of

  4  higher education, using procedures and criteria outlined in an

  5  institutional program evaluation plan approved by the

  6  Department of Education. This plan must incorporate the

  7  criteria established in paragraphs (a) and (b) and include

  8  provisions for involving primary stakeholders, such as program

  9  graduates, district school personnel, classroom teachers,

10  principals, community agencies, and business representatives

11  in the evaluation process. Upon request by an institution, the

12  department shall provide assistance in developing, enhancing,

13  or reviewing the institutional program evaluation plan and

14  training evaluation team members.

15         (d)  Beginning July 1, 1997, Continued approval for a

16  teacher preparation program is contingent upon standards being

17  in place that are designed to adequately prepare elementary,

18  middle, and high school teachers to instruct their students in

19  higher-level mathematics concepts at the appropriate grade

20  level.

21         (e)  Beginning July 1, 2000, continued approval of

22  teacher preparation programs is contingent upon the receipt of

23  at least a satisfactory rating from public schools and

24  nonpublic schools that employ graduates of the program.

25  Employer satisfaction shall be determined by an annually

26  administered survey instrument approved by the Department of

27  Education.

28         (f)  Beginning with the 2000-2001 academic year, each

29  public and private institution that offers a teacher

30  preparation program in this state must annually report in the

31  institution's student catalogue the prior year's performance

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  1  of the teacher preparation program. Each annual report must

  2  address at least the following measures:

  3         1.  Quality of students entering the program, as

  4  evidenced by mean grade point average and average score on

  5  examinations of general knowledge required by chapter 231 for

  6  issuance of a temporary or professional certificate.

  7         2.  Graduation rates.

  8         3.  Time-to-graduation data.

  9         4.  Ability of graduates to perform at preprofessional

10  and professional levels as evidenced by the percentage of

11  graduates who pass the examinations required by chapter 231

12  and demonstrate competencies required for issuance of the

13  temporary certificate, professional certificate, and

14  certificate of competency in various subject areas.

15         5.  Percentage of graduates rehired to teach after the

16  first year of employment in a public or private school.

17         6.  Percentage of graduates remaining in teaching for

18  at least 4 years.

19         7.  Satisfaction of graduation of the program as

20  evidenced by a common survey.

21         8.  Satisfaction of employers as evidenced by a common

22  survey of public and private schools that employ graduates of

23  the program.

24         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

25  instructors, school district personnel and instructional

26  personnel, and school sites preparing instructional personnel

27  through preservice field experience courses and internships

28  shall meet special requirements.

29         (a)  All instructors in postsecondary teacher

30  preparation programs who instruct or supervise preservice

31  field experience courses or internships shall have at least

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  1  one of the following: specialized training in clinical

  2  supervision; a valid professional teaching certificate

  3  pursuant to ss. 231.17 and 231.24; or at least 3 years of

  4  successful teaching experience in prekindergarten through

  5  grade 12; or a commitment to spend periods of time specified

  6  by State Board of Education rule teaching in the public

  7  schools.

  8         (b)  All school district personnel and instructional

  9  personnel who supervise or direct teacher preparation students

10  during field experience courses or internships must have

11  evidence of "clinical educator" training and must successfully

12  demonstrate effective classroom management strategies that

13  consistently result in improved student performance. The

14  Education Standards Commission shall recommend, and the state

15  board shall approve, the training requirements.

16         (c)  Preservice field experience programs must provide

17  specific guidance and demonstration of effective classroom

18  management strategies, strategies for incorporating technology

19  into classroom instruction, and ways to link instructional

20  plans to the Sunshine State Standards, as appropriate. The

21  length of structured field experiences may be extended to

22  ensure that candidates achieve the competencies needed to meet

23  certification requirements.

24         (d)(c)  Postsecondary teacher preparation programs in

25  cooperation with district school boards and approved nonpublic

26  school associations shall select the school sites for

27  preservice field experience activities. These sites must

28  represent the full spectrum of school communities, including,

29  but not limited to, schools located in urban settings. In

30  order to be selected, school sites must demonstrate commitment

31  to the education of public school students and to the

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  1  preparation of future teachers. A nonpublic school

  2  association, in order to be approved, must have a

  3  state-approved master inservice program plan in accordance

  4  with s. 236.0811.

  5         Section 19.  Unless otherwise provided in an

  6  appropriations act, Institutes for Excellence in Teaching must

  7  be created in at least three pilot sites within the state. The

  8  purpose of these institutes is to demonstrate and evaluate a

  9  focused staff development program designed to meet higher

10  state standards for student achievement.

11         (1)  Beginning July 1, 1999, the Department of

12  Education must seek proposals from public or private entities

13  to develop and pilot at least six institutes within the state.

14  Two institutes shall be funded for each of the following

15  purposes:

16         (a)  To provide intensive training and assistance in

17  teaching reading, with particular emphasis on teaching

18  students whose proficiency in reading and writing is below

19  grade level.

20         (b)  To provide intensive training and assistance in

21  teaching mathematics at the elementary level, with particular

22  emphasis on teaching students whose proficiency in mathematics

23  is below grade level.

24         (c)  To provide intensive training and assistance in

25  teaching algebra at the secondary level, with emphasis on

26  teaching students whose proficiency in mathematics is below

27  grade level or who have failed the algebra course required for

28  high school graduation.

29         (2)  When awarding grants for the pilot institutes, the

30  department shall give priority to respondents that:

31

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  1         (a)  Offer research-supported strategies and delivery

  2  systems to improve teaching performance in the areas addressed

  3  by the institute;

  4         (b)  Deliver services directly as well as by distance

  5  learning and other technology-based delivery mechanisms;

  6         (c)  Demonstrate commitment from surrounding school

  7  districts to use the institute's programs for professional

  8  development of the district's teachers; and

  9         (d)  Form public-private partnerships that will

10  maximize private funding for the institute.

11         (3)  When selecting teachers to participate in an

12  institute's professional development programs, school

13  districts must give priority to teachers whose students have

14  not performed or are not performing satisfactorily in the

15  subject areas addressed by the institute. Participating school

16  districts may require teachers to participate as provided in

17  section 231.601(6), Florida Statutes.

18         (4)  The Department of Education shall conduct a 2-year

19  study of the effectiveness of the institutes, basing the

20  evaluation on pre-participation and post-participation

21  measures of the performance of participating teachers and

22  their students. The Department of Education shall report

23  annually to the Legislature on the performances of the

24  institutes.

25         (5)  This section expires June 30, 2002.

26         Section 20.  One or more professional development

27  academies shall be established to meet the human resource

28  development needs of professional educators, schools, and

29  school districts. Funds appropriated for the initiation of

30  professional development academies shall be allocated by the

31  Commissioner of Education, unless otherwise provided in an

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  1  appropriations act. To be eligible for startup funds, the

  2  academy must:

  3         (1)  Be established by the collaborative efforts of one

  4  or more district school boards, members of the business

  5  community, and the postsecondary institutions that will award

  6  college credits for courses taught at the academy.

  7         (2)  Demonstrate the ability to provide high-quality

  8  trainers and training, appropriate followup and coaching for

  9  all participants, and support school personnel in positively

10  impacting student performance.

11         (3)  Be operated under contract with its public

12  partners and governed by an independent board of directors,

13  which should include at least one superintendent and one

14  school board chairman from the participating school districts,

15  the president of the collective bargaining unit that

16  represents the majority of the region's teachers, and at least

17  three individuals who are not employees or elected or

18  appointed officials of the participating school districts.

19         (4)  Be financed during the first year of operation by

20  an equal or greater match from private funding sources and

21  demonstrate the ability to be self-supporting within 1 year

22  after opening through fees for services, grants, or private

23  contributions.

24         (5)  Own or lease a facility that can be used to

25  deliver training on-site and through distance learning and

26  other technology-based delivery systems. The participating

27  district school boards may lease a site or facility to the

28  academy for a nominal fee and may pay all or part of the costs

29  of renovating a facility to accommodate the academy. The

30  academy is responsible for all operational, maintenance, and

31  repair costs.

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  1         (6)  Provide professional development services for the

  2  participating school districts as specified in the contract

  3  and may provide professional development services to other

  4  school districts, private schools, and individuals on a

  5  fee-for-services basis.

  6         Section 21.  Section 231.601, Florida Statutes, is

  7  repealed.

  8         Section 22.  This act shall take effect July 1, 1999.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Revises provisions relating to standards for
      certification and evaluation of educators. Requires a
13    review and provides guidelines for increasing standards.
      Requires the State Board of Education to approve criteria
14    for the selection of certain administrative personnel and
      authorizes school districts to contract for the testing
15    and training of such persons. Requires school board rules
      to relate to certain standards and requires that student
16    performance be a component of evaluations of certain
      staff. Requires school boards to implement certain
17    performance-based pay. Requires the State Board of
      Education to adopt rules pertaining to the training of
18    certain management personnel. Provides for future review
      and repeal of certain acts and entities. Revises the
19    duties of certain personnel. Prohibits the waiver of
      certain rules related to notification about out-of-field
20    teachers. Requires a plan and procedures to increase the
      competency of teachers assigned to out-of-field subject
21    matter. Increases certification requirements and
      increases certain minimum competencies for teachers.
22    Deletes certain alternatives to demonstrating
      competencies. Revises duties of the Education Standards
23    Commission. Increases responsibilities of district
      professional development programs. Increases district
24    responsibility for inservice training. Revises teacher
      education program approval requirements. Creates
25    inservice training institutes and professional
      development academies. Repeals purpose of inservice
26    training for instructional personnel.

27

28

29

30

31

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