| 1 | A bill to be entitled |
| 2 | An act relating to education; requiring every public |
| 3 | school to designate lead teachers in certain subject areas |
| 4 | to train and mentor teachers at their respective schools; |
| 5 | requiring school districts to appoint master trainers in |
| 6 | certain subject areas; requiring the Department of |
| 7 | Education to offer training and provide certain |
| 8 | information electronically; requiring the State Board of |
| 9 | Education to adopt rules relating to certain |
| 10 | qualifications for certification; establishing priorities |
| 11 | for mentoring; requiring school districts to provide |
| 12 | written statements regarding liability insurance coverage; |
| 13 | requiring the Office of Program Policy Analysis and |
| 14 | Government Accountability to study teacher preparation |
| 15 | programs and submit a report; requiring teacher |
| 16 | preparation programs to offer certain options; amending s. |
| 17 | 1001.51, F.S.; permitting elected district school |
| 18 | superintendents to directly dismiss administrative |
| 19 | personnel; amending s. 1004.04, F.S., relating to public |
| 20 | accountability and state approval for teacher preparation |
| 21 | programs; requiring programs to incorporate instruction |
| 22 | regarding gifted and academically talented student |
| 23 | identification and placement; requiring the department to |
| 24 | establish an electronic reporting system for approved |
| 25 | teacher preparation programs; permitting persons who are |
| 26 | eligible to participate as a mentor in the Dale Hickam |
| 27 | Excellent Teaching Program to supervise or direct teacher |
| 28 | preparation students during field experience courses or |
| 29 | internships; amending s. 1004.85, F.S.; requiring |
| 30 | postsecondary educator preparation institutes to guarantee |
| 31 | the quality of graduates; requiring institutes to provide |
| 32 | additional training to educators who fail to demonstrate |
| 33 | certain essential skills at no cost to the educator or |
| 34 | employer; amending s. 1012.32, F.S.; permitting background |
| 35 | screenings of individuals participating in student |
| 36 | teaching to be transferred among districts; amending s. |
| 37 | 1012.33, F.S., relating to contracts with instructional |
| 38 | staff, supervisors, and school principals; revising the |
| 39 | probationary period for persons newly employed as |
| 40 | instructional staff; requiring mentoring, recordkeeping, |
| 41 | and reporting; amending s. 1012.56, F.S.; revising |
| 42 | acceptable means of demonstrating mastery of general |
| 43 | knowledge for educator certification; requiring the Office |
| 44 | of Program Policy Analysis and Government Accountability |
| 45 | to study teacher retention rates and submit a report; |
| 46 | providing an effective date. |
| 47 |
|
| 48 | Be It Enacted by the Legislature of the State of Florida: |
| 49 |
|
| 50 | Section 1. Lead teachers and master trainers.-- |
| 51 | (1) Each school district shall require every public school |
| 52 | in that district to designate a lead teacher in the subject |
| 53 | areas of reading, mathematics, social studies, and science. Each |
| 54 | lead teacher shall attend periodic training provided by the |
| 55 | district master trainers on the latest research regarding |
| 56 | effective teaching methodologies, techniques, and skills, |
| 57 | including use of information technology; advancements in |
| 58 | curricula; cross-curricula training strategies; and student |
| 59 | motivation and management. Lead teachers shall train and mentor |
| 60 | teachers at their respective schools in their respective subject |
| 61 | areas. |
| 62 | (2) Each school district shall appoint master trainers who |
| 63 | must be specialists in reading, mathematics, social studies, or |
| 64 | science and in techniques for using information technology to |
| 65 | teach the subject area. The master trainers must train the lead |
| 66 | teachers and provide onsite training for schools needing |
| 67 | additional assistance, particularly schools graded "D" or "F." |
| 68 | (3) The Department of Education shall offer a 3-day summer |
| 69 | academy for master trainers. Training shall include information |
| 70 | regarding the latest research on effective teaching |
| 71 | methodologies, techniques, and skills, including use of |
| 72 | information technology; advancements in curricula; cross- |
| 73 | curricula training strategies; and student motivation and |
| 74 | management. |
| 75 | (4) The Department of Education shall make electronically |
| 76 | available to all teachers the latest updated information |
| 77 | regarding their subject areas and teaching advancements. |
| 78 | Section 2. Notwithstanding any provision of law to the |
| 79 | contrary, the State Board of Education shall adopt rules that: |
| 80 | (1) Allow the military occupational specialty designation |
| 81 | for instruction to be used as verification of instructional |
| 82 | experience for purposes of teacher certification. |
| 83 | (2) Count credit granted by the American Council for |
| 84 | Education the same as college credit for purposes of teacher |
| 85 | certification. |
| 86 | (3) Allow military personnel to use proof of completion of |
| 87 | Defense Language Institute training to demonstrate subject area |
| 88 | competence in the critical shortage area of foreign language. |
| 89 | Section 3. Notwithstanding any provision of law or rule to |
| 90 | the contrary, the first priority for the use of the time |
| 91 | required of teachers who have achieved certification by the |
| 92 | National Board of Professional Teaching Standards for mentoring |
| 93 | or related services shall be to provide such services to |
| 94 | beginning teachers, teachers in need of improvement, and |
| 95 | candidates enrolled in teacher preparation programs, including |
| 96 | educator preparation institutes. |
| 97 | Section 4. School district insurance coverage |
| 98 | statement.--Each school district shall provide to all covered |
| 99 | instructional personnel a written statement explaining the |
| 100 | liability insurance coverage that the district provides such |
| 101 | personnel. The statement must be concise, written in lay |
| 102 | language, and distributed to covered instructional personnel |
| 103 | separate from any other information they may otherwise receive |
| 104 | from the district. The statement must include a clear |
| 105 | explanation of the scope of the coverage and a reference to and |
| 106 | discussion of the existing laws that protect teachers and |
| 107 | principals from liability. The statement must be provided to and |
| 108 | discussed with covered personnel at all annual orientations |
| 109 | provided by the school district as well as posted on the school |
| 110 | district's website. |
| 111 | Section 5. The Office of Program Policy Analysis and |
| 112 | Government Accountability (OPPAGA) shall conduct a study to |
| 113 | identify teacher preparation programs that are most effective at |
| 114 | producing new teachers who are employed in Florida public K-12 |
| 115 | classrooms. The study must: |
| 116 | (1) Analyze the rates at which students complete teacher |
| 117 | preparation programs in order to examine the productivity of |
| 118 | these programs; |
| 119 | (2) Follow one or more cohorts of teacher preparation |
| 120 | program completers from universities, community colleges, |
| 121 | educator preparation institutes, and district alternative |
| 122 | certification programs to determine the proportion of graduates |
| 123 | who enter classroom teaching; and |
| 124 | (3) Follow one or more cohorts of newly employed Florida |
| 125 | K-12 classroom teachers to determine how long they remain in the |
| 126 | classroom and whether teachers who remain in the classroom are |
| 127 | more likely to be products of certain teacher preparation |
| 128 | programs. |
| 129 |
|
| 130 | The number of cohorts shall be determined by OPPAGA based on the |
| 131 | research needs of the project. A report shall be submitted to |
| 132 | the President of the Senate and the Speaker of the House of |
| 133 | Representatives by February 1, 2008. |
| 134 | Section 6. Each institution that offers state-approved |
| 135 | teacher preparation programs shall make options available to |
| 136 | students to pursue a teacher preparation program comprised of 3 |
| 137 | years of coursework followed by a 1-year paid residency or |
| 138 | internship with opportunities for students to participate in |
| 139 | classroom experiences each year of the program and specify such |
| 140 | options in a report to the President of the Senate and the |
| 141 | Speaker of the House of Representatives. The report shall be |
| 142 | submitted annually no later than February 1 and may be used to |
| 143 | develop a performance funding model for approved teacher |
| 144 | education programs. |
| 145 | Section 7. Subsection (7) of section 1001.51, Florida |
| 146 | Statutes, is amended to read: |
| 147 | 1001.51 Duties and responsibilities of district school |
| 148 | superintendent.--The district school superintendent shall |
| 149 | exercise all powers and perform all duties listed below and |
| 150 | elsewhere in the law, provided that, in so doing, he or she |
| 151 | shall advise and counsel with the district school board. The |
| 152 | district school superintendent shall perform all tasks necessary |
| 153 | to make sound recommendations, nominations, proposals, and |
| 154 | reports required by law to be acted upon by the district school |
| 155 | board. All such recommendations, nominations, proposals, and |
| 156 | reports by the district school superintendent shall be either |
| 157 | recorded in the minutes or shall be made in writing, noted in |
| 158 | the minutes, and filed in the public records of the district |
| 159 | school board. It shall be presumed that, in the absence of the |
| 160 | record required in this section, the recommendations, |
| 161 | nominations, and proposals required of the district school |
| 162 | superintendent were not contrary to the action taken by the |
| 163 | district school board in such matters. |
| 164 | (7) PERSONNEL.--Be responsible, as required herein, for |
| 165 | directing the work of the personnel, subject to the requirements |
| 166 | of chapter 1012. Notwithstanding any other provision of law to |
| 167 | the contrary, a district school superintendent elected under s. |
| 168 | 5, Art. IX of the State Constitution may directly dismiss |
| 169 | administrative personnel as defined in s. 1012.01(3)(a) and (b). |
| 170 | Section 8. Paragraph (c) of subsection (3), paragraph (b) |
| 171 | of subsection (5), and paragraph (b) of subsection (6) of |
| 172 | section 1004.04, Florida Statutes, are amended to read: |
| 173 | 1004.04 Public accountability and state approval for |
| 174 | teacher preparation programs.-- |
| 175 | (3) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system |
| 176 | developed by the Department of Education in collaboration with |
| 177 | postsecondary educational institutions shall assist departments |
| 178 | and colleges of education in the restructuring of their programs |
| 179 | in accordance with this section to meet the need for producing |
| 180 | quality teachers now and in the future. |
| 181 | (c) State-approved teacher preparation programs must |
| 182 | incorporate: |
| 183 | 1. Appropriate English for Speakers of Other Languages |
| 184 | instruction so that program graduates will have completed the |
| 185 | requirements for teaching limited English proficient students in |
| 186 | Florida public schools. |
| 187 | 2. Scientifically researched, knowledge-based reading |
| 188 | literacy and computational skills instruction so that program |
| 189 | graduates will be able to provide the necessary academic |
| 190 | foundations for their students at whatever grade levels they |
| 191 | choose to teach. |
| 192 | 3. Gifted and academically talented student identification |
| 193 | and placement instruction so that program graduates will be able |
| 194 | to identify gifted and academically talented students in the |
| 195 | elementary grades and provide these students with accelerated |
| 196 | learning opportunities throughout their academic careers that |
| 197 | allow them to work at suitably challenging levels. |
| 198 | (5) CONTINUED PROGRAM APPROVAL.--Notwithstanding |
| 199 | subsection (4), failure by a public or nonpublic teacher |
| 200 | preparation program to meet the criteria for continued program |
| 201 | approval shall result in loss of program approval. The |
| 202 | Department of Education, in collaboration with the departments |
| 203 | and colleges of education, shall develop procedures for |
| 204 | continued program approval that document the continuous |
| 205 | improvement of program processes and graduates' performance. |
| 206 | (b) Additional criteria for continued program approval for |
| 207 | public institutions may be approved by the State Board of |
| 208 | Education. Such criteria must emphasize instruction in classroom |
| 209 | management and must provide for the evaluation of the teacher |
| 210 | candidates' performance in this area. The criteria shall also |
| 211 | require instruction in working with underachieving students. |
| 212 | Program evaluation procedures must include, but are not limited |
| 213 | to, program graduates' satisfaction with instruction and the |
| 214 | program's responsiveness to local school districts. Additional |
| 215 | criteria for continued program approval for nonpublic |
| 216 | institutions shall be developed in the same manner as for public |
| 217 | institutions; however, such criteria must be based upon |
| 218 | significant, objective, and quantifiable graduate performance |
| 219 | measures. Responsibility for collecting data on outcome measures |
| 220 | through survey instruments and other appropriate means shall be |
| 221 | shared by the postsecondary educational institutions and the |
| 222 | Department of Education. By January 1 of each year, the |
| 223 | Department of Education shall report this information for each |
| 224 | postsecondary educational institution that has state-approved |
| 225 | programs of teacher education to the Governor, the State Board |
| 226 | of Education, the Commissioner of Education, the President of |
| 227 | the Senate, the Speaker of the House of Representatives, all |
| 228 | Florida postsecondary teacher preparation programs, and |
| 229 | interested members of the public. This report must analyze the |
| 230 | data and make recommendations for improving teacher preparation |
| 231 | programs in the state. By August 1, 2008, the Department of |
| 232 | Education shall establish an electronic reporting system by |
| 233 | which all institutions with programs approved under this section |
| 234 | shall report data required for continued approval. The system |
| 235 | must be linked to the K-20 Education Data Warehouse and provide |
| 236 | institutions with a means of reviewing and utilizing data for |
| 237 | purposes of continuous program improvement. The system must also |
| 238 | align data elements to allow for comparison of performance |
| 239 | outcomes common to programs approved under this section and |
| 240 | other types of approved teacher preparation programs in this |
| 241 | state. |
| 242 | (6) PRESERVICE FIELD EXPERIENCE.--All postsecondary |
| 243 | instructors, school district personnel and instructional |
| 244 | personnel, and school sites preparing instructional personnel |
| 245 | through preservice field experience courses and internships |
| 246 | shall meet special requirements. District school boards are |
| 247 | authorized to pay student teachers during their internships. |
| 248 | (b) All school district personnel and instructional |
| 249 | personnel who supervise or direct teacher preparation students |
| 250 | during field experience courses or internships must have |
| 251 | evidence of "clinical educator" training or eligibility for |
| 252 | participation as a mentor in the Dale Hickam Excellent Teaching |
| 253 | Program pursuant to s. 1012.72 and must successfully demonstrate |
| 254 | effective classroom management strategies that consistently |
| 255 | result in improved student performance. The State Board of |
| 256 | Education shall approve the training requirements. |
| 257 | Section 9. Subsections (4) through (7) of section 1004.85, |
| 258 | Florida Statutes, are renumbered as subsections (5) through (8), |
| 259 | respectively, and a new subsection (4) is added to that section |
| 260 | to read: |
| 261 | 1004.85 Postsecondary educator preparation institutes.-- |
| 262 | (4) Each educator preparation institute shall guarantee |
| 263 | the high quality of its graduates during the first 2 years |
| 264 | immediately following graduation from the program or following |
| 265 | initial certification, whichever occurs first. Any educator in a |
| 266 | Florida school who fails to demonstrate the essential skills |
| 267 | specified in s. 1004.04(5)(e) shall be provided additional |
| 268 | training by the educator preparation institute at no expense to |
| 269 | the educator or the employer. Such training must consist of an |
| 270 | individualized plan agreed upon by the school district and the |
| 271 | educator preparation institute that includes specific learning |
| 272 | outcomes. The educator preparation institute assumes no |
| 273 | responsibility for the educator's employment contract with the |
| 274 | employer. Employer satisfaction shall be determined by an |
| 275 | annually administered survey instrument approved by the |
| 276 | Department of Education that measures, at a minimum, employer |
| 277 | satisfaction with the ability of graduates to demonstrate the |
| 278 | essential skills specified in s. 1004.04(5)(e). |
| 279 | Section 10. Paragraph (d) of subsection (2) of section |
| 280 | 1012.32, Florida Statutes, is amended to read: |
| 281 | 1012.32 Qualifications of personnel.-- |
| 282 | (2) |
| 283 | (d) Individuals Student teachers, persons participating in |
| 284 | student teaching a field experience pursuant to s. 1004.04(6) or |
| 285 | s. 1004.85, and persons participating in a short-term experience |
| 286 | as a teacher assistant pursuant to s. 1004.04(10) in any |
| 287 | district school system, lab school, or charter school shall, |
| 288 | upon engagement to provide services, undergo background |
| 289 | screening as required under s. 1012.56. Such screening may be |
| 290 | transferred from one school district to another school district. |
| 291 |
|
| 292 | Fingerprints shall be submitted to the Department of Law |
| 293 | Enforcement for state processing and to the Federal Bureau of |
| 294 | Investigation for federal processing. Persons subject to this |
| 295 | subsection found through fingerprint processing to have been |
| 296 | convicted of a crime involving moral turpitude shall not be |
| 297 | employed, engaged to provide services, or serve in any position |
| 298 | requiring direct contact with students. Probationary persons |
| 299 | subject to this subsection terminated because of their criminal |
| 300 | record have the right to appeal such decisions. The cost of the |
| 301 | background screening may be borne by the district school board, |
| 302 | the charter school, the employee, the contractor, or a person |
| 303 | subject to this subsection. |
| 304 | Section 11. Paragraph (a) of subsection (3) of section |
| 305 | 1012.33, Florida Statutes, is amended to read: |
| 306 | 1012.33 Contracts with instructional staff, supervisors, |
| 307 | and school principals.-- |
| 308 | (3)(a) Each district school board shall provide a |
| 309 | professional service contract as prescribed herein. Each member |
| 310 | of the instructional staff who completed the following |
| 311 | requirements prior to July 1, 1984, shall be entitled to and |
| 312 | shall be issued a continuing contract in the form prescribed by |
| 313 | rules of the state board pursuant to s. 231.36, Florida Statutes |
| 314 | (1981). Each member of the instructional staff who completes the |
| 315 | following requirements on or after July 1, 1984, shall be |
| 316 | entitled to and shall be issued a professional service contract |
| 317 | in the form prescribed by rules of the state board as provided |
| 318 | herein: |
| 319 | 1. The member must hold a professional certificate as |
| 320 | prescribed by s. 1012.56 and rules of the State Board of |
| 321 | Education. |
| 322 | 2.a. The member must have completed 3 years of |
| 323 | probationary service in the district during a period not in |
| 324 | excess of 5 successive years, except for leave duly authorized |
| 325 | and granted. |
| 326 | b. For any person newly employed as a member of the |
| 327 | instructional staff after July 1, 2007, the member must have |
| 328 | completed 5 years of probationary service in the district during |
| 329 | a period not in excess of 7 successive years, except for leave |
| 330 | duly authorized and granted. During the first year of service, a |
| 331 | teacher shall be provided mentoring and induction to assist with |
| 332 | skills necessary for excellent teaching. Mentoring shall be |
| 333 | provided by a nationally board-certified teacher, if available. |
| 334 | A principal may prescribe a second year of mentoring in order to |
| 335 | continue the skill building process. During the probationary |
| 336 | process, the district shall require the principal to maintain |
| 337 | records of assistance to the teacher, copies of teacher |
| 338 | appraisals, and reasons for teacher nonrenewal, if applicable. A |
| 339 | principal must submit annually a written report to the district, |
| 340 | on a form developed by the district, this record and other |
| 341 | relevant information on probationary teachers under the |
| 342 | principal's direct supervision. |
| 343 | 3. The member must have been recommended by the district |
| 344 | school superintendent for such contract and reappointed by the |
| 345 | district school board based on successful performance of duties |
| 346 | and demonstration of professional competence. |
| 347 | 4. For any person newly employed as a member of the |
| 348 | instructional staff after June 30, 1997, the initial annual |
| 349 | contract shall include a 97-day probationary period during which |
| 350 | time the employee's contract may be terminated without cause or |
| 351 | the employee may resign without breach of contract. |
| 352 | Section 12. Subsection (3) of section 1012.56, Florida |
| 353 | Statutes, is amended to read: |
| 354 | 1012.56 Educator certification requirements.-- |
| 355 | (3) MASTERY OF GENERAL KNOWLEDGE.--Acceptable means of |
| 356 | demonstrating mastery of general knowledge are: |
| 357 | (a) Achievement of passing scores on basic skills |
| 358 | examination required by state board rule for persons seeking |
| 359 | initial certification before July 1, 2009; |
| 360 | (b) Achievement of passing scores on an examination that |
| 361 | demonstrates mastery of a college-level general education |
| 362 | curriculum required by state board rule for persons seeking |
| 363 | initial certification on or after July 1, 2009 the College Level |
| 364 | Academic Skills Test earned prior to July 1, 2002; |
| 365 | (c) A valid professional standard teaching certificate |
| 366 | issued by another state; |
| 367 | (d) A valid certificate issued by the National Board for |
| 368 | Professional Teaching Standards or a national educator |
| 369 | credentialing board approved by the State Board of Education; or |
| 370 | (e) Documentation of two semesters of successful teaching |
| 371 | in a community college, state university, or private college or |
| 372 | university that awards an associate or higher degree and is an |
| 373 | accredited institution or an institution of higher education |
| 374 | identified by the Department of Education as having a quality |
| 375 | program. |
| 376 | Section 13. The Office of Program Policy Analysis and |
| 377 | Government Accountability shall conduct a study of teacher |
| 378 | retention rates for each school district. The study shall report |
| 379 | and analyze the teacher retention rates for each school district |
| 380 | and each school within the district. The study shall also report |
| 381 | and analyze the retention rates for new teachers. Teacher |
| 382 | retention rates shall be disaggregated to include ethnicity, |
| 383 | age, subject area, and grade level. A report shall be submitted |
| 384 | to the President of the Senate and the Speaker of the House of |
| 385 | Representatives by March 1, 2008. |
| 386 | Section 14. This act shall take effect July 1, 2007. |