Amendment
Bill No. CS/CS/HB 1411

Amendment No. 325333

CHAMBER ACTION
Senate		House
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1	Representative Stargel offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5
6	Section 1.  This act may be cited as the "Quality Teachers
7	for All Students Act."
8	Section 2.  Paragraph (r) is added to subsection (2) of
9	section 39.202, Florida Statutes, to read:
10	39.202  Confidentiality of reports and records in cases of
11	child abuse or neglect.--
12	(2)  Except as provided in subsection (4), access to such
13	records, excluding the name of the reporter which shall be
14	released only as provided in subsection (5), shall be granted
15	only to the following persons, officials, and agencies:
16	(r)  Employees or agents of the Department of Education and
17	district school board employees responsible for the
18	investigation or prosecution of misconduct by certified
19	educators.
20	Section 3.  Present subsection (13) of section 1004.04,
21	Florida Statutes, is renumbered as subsection (14), and a new
22	subsection (13) is added to that section, to read:
23	1004.04  Public accountability and state approval for
24	teacher preparation programs.--
25	(13)  REPORT.--By March 1, 2010, and biennially thereafter,
26	the Department of Education shall report to the State Board of
27	Education on the effectiveness of the graduates of state-
28	approved teacher preparation programs. The report shall include
29	an analysis of the public school student learning gains on
30	statewide assessments, pursuant to s. 1008.22, by students who
31	were taught by graduates of each state-approved teacher
32	preparation program.
33	Section 4.  Subsection (6) of section 1012.21, Florida
34	Statutes, is amended to read:
35	1012.21  Department of Education duties; K-12 personnel.--
36	(6)  REPORTING.--The Department of Education shall
37	annually:
38	(a)  Post online links to each school district's collective
39	bargaining contracts and the salary and benefits of the
40	personnel or officers of any educator association which were
41	paid by the school district pursuant to s. 1012.22.
42	(b)  Notify the President of the Senate and the Speaker of
43	the House of Representatives of any school district that does
44	not comply with the requirements of s. 1012.22(1)(c).
45	Section 5.  Paragraph (c) of subsection (1) of section
46	1012.22, Florida Statutes, is amended to read:
47	1012.22  Public school personnel; powers and duties of the
48	district school board.--The district school board shall:
49	(1)  Designate positions to be filled, prescribe
50	qualifications for those positions, and provide for the
51	appointment, compensation, promotion, suspension, and dismissal
52	of employees as follows, subject to the requirements of this
53	chapter:
54	(c)  Compensation and salary schedules.--
55	1.  The district school board shall adopt a salary schedule
56	or salary schedules designed to furnish incentives for
57	improvement in training and for continued efficient service to
58	be used as a basis for paying all school employees and fix and
59	authorize the compensation of school employees on the basis
60	thereof.
61	1.2.  A district school board, in determining the salary
62	schedule for instructional personnel, must base a portion of
63	each employee's compensation on performance demonstrated under
64	s. 1012.34, must consider the prior teaching experience of a
65	person who has been designated state teacher of the year by any
66	state in the United States, and must consider prior professional
67	experience in the field of education gained in positions in
68	addition to district level instructional and administrative
69	positions.
70	2.3.  In developing the salary schedule, the district
71	school board shall seek input from parents, teachers, and
72	representatives of the business community.
73	3.4.  Beginning with the 2007-2008 academic year, Each
74	district school board shall adopt a salary schedule with
75	differentiated pay for both instructional personnel and school-
76	based administrators. The salary schedule is subject to
77	negotiation as provided in chapter 447 and must allow
78	differentiated pay based on district-determined factors,
79	including, but not limited to, additional responsibilities,
80	school demographics, critical shortage areas, and level of job
81	performance difficulties. Each district school board shall
82	annually report to the Department of Education on its adopted
83	differentiated pay policy in the manner and format prescribed by
84	the department.
85
86	The State Board of Education shall adopt rules pursuant to ss.
87	120.536(1) and 120.54 to implement this paragraph. The rules
88	must include compliance requirements for district salary
89	schedules regarding individual performance and differentiated
90	pay, reporting formats, and procedures for review of salary
91	schedules.
92	Section 6.  Subsection (5) of section 1012.2315, Florida
93	Statutes, is amended to read:
94	1012.2315  Assignment of teachers.--
95	(5)  REPORT.--The Department of Education shall annually:
96	(a)  Post on its Internet website the percentage of
97	classroom teachers by school who are temporarily certified
98	teachers, teachers in need of improvement, or out-of-field
99	teachers.
100	(b)  Report to the President of the Senate and the Speaker
101	of the House of Representatives any school district that does
102	not comply with this section. Schools graded "D" or "F" shall
103	annually report their teacher-retention rate. Included in this
104	report shall be reasons listed for leaving by each teacher who
105	left the school for any reason.
106	Section 7.  Subsection (3) of section 1012.28, Florida
107	Statutes, is amended to read:
108	1012.28  Public school personnel; duties of school
109	principals.--
110	(3)  Each school principal is responsible for the
111	performance of all personnel employed by the district school
112	board and assigned to the school to which the principal is
113	assigned. The school principal shall faithfully and effectively
114	apply the personnel appraisal assessment system approved by the
115	district school board pursuant to s. 1012.34.
116	Section 8.  Section 1012.34, Florida Statutes, is amended
117	to read:
118	1012.34  Appraisal Assessment procedures and criteria.--
119	(1)  For the purpose of increasing student achievement by
120	improving the quality of instructional, administrative, and
121	supervisory services in the public schools of the state, the
122	district school superintendent shall establish procedures for
123	evaluating assessing the performance of duties and
124	responsibilities of all instructional, administrative, and
125	supervisory personnel employed by the school district. The
126	Department of Education must approve each district's
127	instructional personnel appraisal assessment system.
128	(2)  The following conditions must be considered in the
129	design of the district's instructional personnel appraisal
130	assessment system:
131	(a)  The system must be designed to support district and
132	school level improvement plans.
133	(b)  The system must provide appropriate appraisal
134	instruments, procedures, and criteria for continuous quality
135	improvement of the professional skills of instructional
136	personnel.
137	(c)  The system must include a mechanism to give parents an
138	opportunity to provide input into employee performance
139	appraisals assessments when appropriate.
140	(d)  In addition to addressing generic teaching
141	competencies, districts must determine those teaching fields for
142	which special procedures and criteria will be developed,
143	including a process for determining the professional education
144	competence of a teacher who holds a temporary certificate as
145	required under s. 1012.56.
146	(e)  Each district school board may establish a peer
147	assistance process. The plan may provide a mechanism for
148	assistance of persons who are placed on performance probation as
149	well as offer assistance to other employees who request it.
150	(f)  Each The district school board shall provide training
151	programs that are based upon guidelines provided by the
152	Department of Education to ensure that all individuals with
153	evaluation responsibilities understand the proper use of the
154	appraisal assessment criteria and procedures.
155	(g)  The system must include a process for monitoring the
156	effective and consistent use of appraisal criteria by
157	supervisors and administrators and a process for evaluating the
158	effectiveness of the system itself in improving the level of
159	instruction and learning in the district's schools.
160	(3)  The appraisal assessment procedure for instructional
161	personnel and school administrators must be primarily based on
162	the performance of students assigned to their classrooms or
163	schools, as appropriate, and must emphasize avoidance of
164	insufficient student learning gains as described in s.
165	1012.21(6)(c) and (d) and defined by rule of the State Board of
166	Education. Pursuant to this section, a school district's
167	performance appraisal assessment is not limited to basing
168	unsatisfactory performance of instructional personnel and school
169	administrators upon student performance, but may include other
170	criteria approved to evaluate assess instructional personnel and
171	school administrators' performance, or any combination of
172	student performance and other approved criteria. The procedures
173	must comply with, but are not limited to, the following
174	requirements:
175	(a)  An appraisal assessment must be conducted for each
176	employee at least once a year, except that an appraisal for each
177	first-year teacher must be conducted at least twice a year. The
178	appraisal assessment must be based upon sound educational
179	principles and contemporary research in effective educational
180	practices. The assessment must primarily use data and indicators
181	of improvement in student performance assessed annually as
182	specified in s. 1008.22 and may consider results of peer reviews
183	in evaluating the employee's performance. Student performance
184	must be measured by state assessments required under s. 1008.22
185	and by local assessments for subjects and grade levels not
186	measured by the state assessment program. The appraisal
187	assessment criteria must include, but are not limited to,
188	indicators that relate to the following:
189	1.  Performance of students. The appraisal must primarily
190	use data and indicators of improvement in student performance
191	assessed annually as specified in s. 1008.22 and by district-
192	determined assessments for subjects and grade levels not
193	measured by the state assessment program.
194	2.  Instructional practice. For instructional personnel,
195	performance criteria must include indicators based on each of
196	the Florida Educator Accomplished Practices adopted by the State
197	Board of Education under s. 1012.52.
198	3.  Instructional leadership. For school-based
199	administrators, performance criteria must include indicators
200	based on each of the leadership standards adopted by the State
201	Board of Education under s. 1012.986.
202	4.  Professional responsibilities. Such criteria must
203	include professional responsibilities and employment
204	requirements as established by the State Board of Education and
205	through policies of the district school board.
206	2.  Ability to maintain appropriate discipline.
207	3.  Knowledge of subject matter. The district school board
208	shall make special provisions for evaluating teachers who are
209	assigned to teach out-of-field.
210	4.  Ability to plan and deliver instruction and the use of
211	technology in the classroom.
212	5.  Ability to evaluate instructional needs.
213	6.  Ability to establish and maintain a positive
214	collaborative relationship with students' families to increase
215	student achievement.
216	7.  Other professional competencies, responsibilities, and
217	requirements as established by rules of the State Board of
218	Education and policies of the district school board.
219	(b)  All personnel must be fully informed of the criteria
220	and procedures associated with the appraisal assessment process
221	before the appraisal assessment takes place.
222	(c)  The individual responsible for supervising the
223	employee must evaluate assess the employee's performance. The
224	evaluator must submit a written report of the appraisal
225	assessment to the district school superintendent for the purpose
226	of reviewing the employee's contract. The evaluator must submit
227	the written report to the employee no later than 10 days after
228	the appraisal assessment takes place. The evaluator must discuss
229	the written report of appraisal assessment with the employee.
230	The employee shall have the right to initiate a written response
231	to the appraisal assessment, and the response shall become a
232	permanent attachment to his or her personnel file.
233	(d)  If an employee is not performing his or her duties in
234	a satisfactory manner, the evaluator shall notify the employee
235	in writing of such determination. The notice must describe such
236	unsatisfactory performance and include notice of the following
237	procedural requirements:
238	1.  Upon delivery of a notice of unsatisfactory
239	performance, the evaluator must confer with the employee, make
240	recommendations with respect to specific areas of unsatisfactory
241	performance, and provide assistance in helping to correct
242	deficiencies within a prescribed period of time.
243	2.a.  If the employee holds a professional service contract
244	as provided in s. 1012.33, the employee shall be placed on
245	performance probation and governed by the provisions of this
246	section for 90 calendar days following the receipt of the notice
247	of unsatisfactory performance to demonstrate corrective action.
248	School holidays and school vacation periods are not counted when
249	calculating the 90-calendar-day period. During the 90 calendar
250	days, the employee who holds a professional service contract
251	must be evaluated periodically and apprised of progress achieved
252	and must be provided assistance and inservice training
253	opportunities to help correct the noted performance
254	deficiencies. At any time during the 90 calendar days, the
255	employee who holds a professional service contract may request a
256	transfer to another appropriate position with a different
257	supervising administrator; however, a transfer does not extend
258	the period for correcting performance deficiencies.
259	b.  Within 14 days after the close of the 90 calendar days,
260	the evaluator must evaluate assess whether the performance
261	deficiencies have been corrected and forward a recommendation to
262	the district school superintendent. Within 14 days after
263	receiving the evaluator's recommendation, the district school
264	superintendent must notify the employee who holds a professional
265	service contract in writing whether the performance deficiencies
266	have been satisfactorily corrected and whether the district
267	school superintendent will recommend that the district school
268	board continue or terminate his or her employment contract. If
269	the employee wishes to contest the district school
270	superintendent's recommendation, the employee must, within 15
271	days after receipt of the district school superintendent's
272	recommendation, submit a written request for a hearing. The
273	hearing shall be conducted at the district school board's
274	election in accordance with one of the following procedures:
275	(I)  A direct hearing conducted by the district school
276	board within 60 days after receipt of the written appeal. The
277	hearing shall be conducted in accordance with the provisions of
278	ss. 120.569 and 120.57. A majority vote of the membership of the
279	district school board shall be required to sustain the district
280	school superintendent's recommendation. The determination of the
281	district school board shall be final as to the sufficiency or
282	insufficiency of the grounds for termination of employment; or
283	(II)  A hearing conducted by an administrative law judge
284	assigned by the Division of Administrative Hearings of the
285	Department of Management Services. The hearing shall be
286	conducted within 60 days after receipt of the written appeal in
287	accordance with chapter 120. The recommendation of the
288	administrative law judge shall be made to the district school
289	board. A majority vote of the membership of the district school
290	board shall be required to sustain or change the administrative
291	law judge's recommendation. The determination of the district
292	school board shall be final as to the sufficiency or
293	insufficiency of the grounds for termination of employment.
294	(4)  The district school superintendent shall notify the
295	department of any instructional personnel who receive two
296	consecutive unsatisfactory evaluations and who have been given
297	written notice by the district that their employment is being
298	terminated or is not being renewed or that the district school
299	board intends to terminate, or not renew, their employment. The
300	department shall conduct an investigation to determine whether
301	action shall be taken against the certificateholder pursuant to
302	s. 1012.795 s. 1012.795(1)(c).
303	(5)  The district school superintendent shall develop a
304	mechanism for evaluating the effective use of assessment
305	criteria and evaluation procedures by administrators who are
306	assigned responsibility for evaluating the performance of
307	instructional personnel. The use of the assessment and
308	evaluation procedures shall be considered as part of the annual
309	assessment of the administrator's performance. The system must
310	include a mechanism to give parents and teachers an opportunity
311	to provide input into the administrator's performance
312	assessment, when appropriate.
313	(5)(6)  Nothing in This section does not shall be construed
314	to grant a probationary employee a right to continued employment
315	beyond the term of his or her contract.
316	(6)(7)  The district school board shall establish a
317	procedure annually reviewing instructional personnel appraisal
318	assessment systems to determine compliance with this section.
319	All substantial revisions to an approved system must be reviewed
320	and approved by the district school board before being used to
321	evaluate assess instructional personnel. Upon request by a
322	school district, the department shall provide assistance in
323	developing, improving, or reviewing an appraisal assessment
324	system.
325	(7)(8)  The State Board of Education shall adopt rules
326	pursuant to ss. 120.536(1) and 120.54, that establish uniform
327	guidelines for the submission, review, and approval of district
328	procedures for the annual appraisal assessment of instructional
329	personnel and that include criteria for evaluating professional
330	performance.
331	Section 9.  Section 1012.52, Florida Statutes, is amended
332	to read:
333	1012.52  Teacher quality; legislative findings; Florida
334	Educator Accomplished Practices.--
335	(1)  The Legislature intends to implement a comprehensive
336	approach to increase students' academic achievement and improve
337	teaching quality. The Legislature recognizes that professional
338	educators play an important role in shaping the future of this
339	state and the nation by developing the knowledge and skills of
340	our future workforce and laying the foundation for good
341	citizenship and full participation in community and civic life.
342	The Legislature also recognizes its role in meeting the state's
343	educational priorities so as to provide opportunity for all
344	students to achieve at the levels set by the Sunshine State
345	Standards.
346	(2)  The Legislature further finds that effective educators
347	are able to do the following:
348	(a)  Write and speak in a logical and understandable style,
349	using appropriate grammar and sentence structure, and
350	demonstrate a command of standard English, enunciation, clarity
351	of oral directions, and pace and precision in speaking.
352	(b)  Read, comprehend, and interpret professional and other
353	written material.
354	(c)  Compute, think logically, and solve problems.
355	(d)  Recognize signs of students' difficulty with the
356	reading and computational process and apply appropriate measures
357	to improve students' reading and computational performance.
358	(e)  Recognize patterns of physical, social, emotional, and
359	intellectual development in students, including exceptional
360	students in the regular classroom.
361	(f)  Recognize and demonstrate awareness of the educational
362	needs of students who have limited proficiency in English and
363	employ appropriate teaching strategies.
364	(g)  Use and integrate appropriate technology in teaching
365	and learning processes and in managing, evaluating, and
366	improving instruction.
367	(h)  Use assessment and other diagnostic strategies to
368	assist the continuous development and acquisition of knowledge
369	and understanding of the learner.
370	(i)  Use teaching and learning strategies that include
371	consideration of each student's learning styles, needs, and
372	background.
373	(j)  Demonstrate the ability to maintain a positive,
374	collaborative relationship with students' families to increase
375	student achievement.
376	(k)  Recognize signs of tendency toward violence and severe
377	emotional distress in students and apply techniques of crisis
378	intervention.
379	(l)  Recognize signs of alcohol and drug abuse in students
380	and know how to appropriately work with such students and seek
381	assistance designed to prevent future abuse.
382	(m)  Recognize the physical and behavioral indicators of
383	child abuse and neglect and know rights and responsibilities
384	regarding reporting.
385	(n)  Demonstrate the ability to maintain a positive
386	environment in the classroom while achieving order and
387	discipline.
388	(o)  Demonstrate the ability to grade student performance
389	effectively.
390	(p)  Demonstrate knowledge and understanding of the value
391	of, and strategies for, promoting parental involvement in
392	education.
393	(3)  The State Board of Education shall adopt by rule the
394	Florida Educator Accomplished Practices, which form the basis
395	for the state's expectations for effective instructional
396	practice. The Commissioner of Education shall periodically
397	review the Florida Educator Accomplished Practices based on
398	contemporary educational research and analysis of student
399	performance data. The commissioner shall include input from
400	associations representing teachers, principals, superintendents,
401	and school boards when reviewing the Florida Educator
402	Accomplished Practices. Upon finalizing any resulting revisions
403	to the Florida Educator Accomplished Practices, the commissioner
404	shall submit the revised practices and supporting evaluation
405	information to the Governor, the President of the Senate, and
406	the Speaker of the House of Representatives at least 21 days
407	before the State Board of Education considers adoption of the
408	revised practices.
409	Section 10.  Subsection (1) and paragraphs (g) and (h) of
410	subsection (6) of section 1012.56, Florida Statutes, are
411	amended, paragraph (i) is added to subsection (6) of that
412	section, and subsection (18) is added to that section, to read:
413	1012.56  Educator certification requirements.--
414	(1)  APPLICATION.--Each person seeking certification
415	pursuant to this chapter shall submit a completed application
416	containing the applicant's social security number to the
417	Department of Education and remit the fee required pursuant to
418	s. 1012.59 and rules of the State Board of Education. Pursuant
419	to the federal Personal Responsibility and Work Opportunity
420	Reconciliation Act of 1996, each party is required to provide
421	his or her social security number in accordance with this
422	section. Disclosure of social security numbers obtained through
423	this requirement is limited to the purpose of administration of
424	the Title IV-D program of the Social Security Act for child
425	support enforcement. Pursuant to s. 120.60, the department shall
426	issue within 90 calendar days after the stamped receipted date
427	of the completed application:
428	(a)  If the applicant meets the requirements, a
429	professional certificate covering the classification, level, and
430	area for which the applicant is deemed qualified and a document
431	explaining the requirements for renewal of the professional
432	certificate;
433	(b)  If the applicant meets the requirements and if
434	requested by an employing school district or an employing
435	private school with a professional education competence
436	demonstration program pursuant to paragraphs (6)(f) (5)(f) and
437	(8)(b) (7)(b), a temporary certificate covering the
438	classification, level, and area for which the applicant is
439	deemed qualified and an official statement of status of
440	eligibility; or
441	(c)  If an applicant does not meet the requirements for
442	either certificate, an official statement of status of
443	eligibility.
444
445	The statement of status of eligibility must advise the applicant
446	of any qualifications that must be completed to qualify for
447	certification. Each statement of status of eligibility is valid
448	for 3 years after its date of issuance, except as provided in
449	paragraph (2)(d). For purposes of this section, the term
450	"private school" includes an approved Voluntary Prekindergarten
451	Education Program private prekindergarten provider.
452	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
453	COMPETENCE.--Acceptable means of demonstrating mastery of
454	professional preparation and education competence are:
455	(g)  Successful completion of a professional preparation
456	alternative certification and education competency program,
457	outlined in paragraph (8)(a) (7)(a); or
458	(h)  Successful completion of an alternative certification
459	program pursuant to s. 1004.85 and achievement of a passing
460	score on the professional education competency examination
461	required by rule of the State Board of Education; or
462	(i)  Successful completion of a professional education
463	training program provided by Teach for America and achievement
464	of a passing score on the professional education competency
465	examination required by rule of the State Board of Education.
466	(18)  MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL
467	ON EDUCATION TRANSCRIPTS; RULES.--The State Board of Education
468	may adopt rules that:
469	(a)  For purposes of demonstrating mastery of professional
470	preparation and education competence through the completion of
471	professional preparation courses as specified in state board
472	rule, allow a person to use his or her teaching experience as a
473	military instructor to verify occupational teaching experience
474	for the same number of years of instruction provided in one of
475	the branches of the United States Armed Forces.
476	(b)  For purposes of demonstrating the completion of
477	certification requirements specified in state board rule, allow
478	for the acceptance of college course credits recommended by the
479	American Council on Education (ACE), which are posted on an
480	official ACE transcript.
481	(c)  This subsection applies to credit for instruction
482	performed, or course credits awarded, prior to, on, and after
483	July 1, 2009.
484	Section 11.  Subsection (6) of section 1012.98, Florida
485	Statutes, is amended to read:
486	1012.98  School Community Professional Development Act.--
487	(6)  An organization of private schools which has no fewer
488	than 10 member schools in this state, which publishes and files
489	with the Department of Education copies of its standards, and
490	the member schools of which comply with the provisions of part
491	II of chapter 1003, relating to compulsory school attendance, or
492	an organization of approved Voluntary Prekindergarten Education
493	Program providers with no fewer than 10 members in this state,
494	may also develop a professional development system that includes
495	a master plan for inservice activities and a program for
496	demonstration of professional education competence under s.
497	1012.56. The professional development system and inservice plan
498	must be submitted to the commissioner for approval pursuant to
499	rules of the State Board of Education.
500	Section 12.  Section 1012.986, Florida Statutes, is amended
501	to read:
502	1012.986  William Cecil Golden Professional Development
503	Program for School Leaders.--
504	(1)  There is established the William Cecil Golden
505	Professional Development Program for School Leaders to provide
506	high standards and sustained support for principals as
507	instructional leaders. The program shall consist of a
508	collaborative network of state and national professional
509	leadership organizations to respond to instructional leadership
510	needs throughout the state.
511	(2)  The network shall support the human-resource
512	development needs of principals, principal leadership teams, and
513	candidates for principal leadership positions using the
514	framework of leadership standards adopted by the State Board of
515	Education, the Southern Regional Education Board, and the
516	National Staff Development Council. Leadership standards adopted
517	under this section must focus on instructional leadership and
518	include the ability to:
519	(a)  Identify and promote effective instruction.
520	(b)  Recruit and retain high-performing instructional
521	personnel.
522	(c)  Manage resources so as to maximize their use for
523	improving student achievement.
524	(3)  The goals goal of the network leadership program are
525	is to:
526	(a)  Provide resources to support and enhance the
527	principal's role as the instructional leader.
528	(b)  Maintain a clearinghouse and disseminate data-
529	supported information related to enhanced student achievement,
530	based on educational research and best practices.
531	(c)  Build the capacity to increase the quality of programs
532	for preservice education for aspiring principals and inservice
533	professional development for principals and principal leadership
534	teams.
535	(d)  Support best teaching and research-based instructional
536	practices through dissemination and modeling at the preservice
537	and inservice levels for both teachers and principals.
538	(4)(2)  The Department of Education shall coordinate
539	through the network identified in subsection (1) to offer the
540	program through multiple delivery systems, including:
541	(a)  Approved school district training programs.
542	(b)  Interactive technology-based instruction.
543	(c)  Regional consortium service organizations pursuant to
544	s. 1001.451.
545	(d)  State, regional, or local leadership academies.
546	(e)  State-approved educational leadership programs in
547	public and nonpublic colleges and universities.
548	(5)(3)  The State Board of Education shall adopt rules
549	pursuant to ss. 120.536(1) and 120.54 to administer this
550	section.
551	Section 13.  No later than February 1, 2010, The
552	Commissioner of Education shall provide a written report to the
553	President of the Senate and the Speaker of the House of
554	Representatives with specific recommendations for legislation to
555	improve teacher quality. The report shall be data driven and
556	research-based and include the effects on student learning and
557	behavior, including dropout rates, when a student has one or
558	more ineffective classroom teachers. The report must include a
559	review, by district, on equity of staffing quality teachers in
560	schools across the district and a review, by district, on the
561	efforts pursued by superintendents and principals to remove
562	ineffective teachers from the classroom. The report must include
563	recommendations on: teacher compensation and salary schedule
564	best practices; an expedited process for the termination of
565	ineffective classroom teachers; a methodology to identify the
566	number of ineffective classroom teachers, by district, whose
567	students make insufficient learning gains based on at least
568	three years of objective data on student learning; specific
569	policies to empower district school superintendents and school
570	principals to provide an effective teacher in each school
571	district classroom, and specific policies to hold district
572	school superintendents and school principals accountable for
573	inequity in staffing among the schools in the district and for
574	failure to act to provide an effective teacher in each school
575	district classroom.
576	Section 14.  For the purpose of incorporating the amendment
577	made by this act to section 1012.22, Florida Statutes, in a
578	reference thereto, paragraph (a) of subsection (2) of section
579	1003.62, Florida Statutes, is reenacted to read:
580	1003.62  Academic performance-based charter school
581	districts.--The State Board of Education may enter into a
582	performance contract with district school boards as authorized
583	in this section for the purpose of establishing them as academic
584	performance-based charter school districts. The purpose of this
585	section is to examine a new relationship between the State Board
586	of Education and district school boards that will produce
587	significant improvements in student achievement, while complying
588	with constitutional and statutory requirements assigned to each
589	entity.
590	(2)  EXEMPTION FROM STATUTES AND RULES.--
591	(a)  An academic performance-based charter school district
592	shall operate in accordance with its charter and shall be exempt
593	from certain State Board of Education rules and statutes if the
594	State Board of Education determines such an exemption will
595	assist the district in maintaining or improving its high-
596	performing status pursuant to paragraph (1)(a). However, the
597	State Board of Education may not exempt an academic performance-
598	based charter school district from any of the following
599	statutes:
600	1.  Those statutes pertaining to the provision of services
601	to students with disabilities.
602	2.  Those statutes pertaining to civil rights, including s.
603	1000.05, relating to discrimination.
604	3.  Those statutes pertaining to student health, safety,
605	and welfare.
606	4.  Those statutes governing the election or compensation
607	of district school board members.
608	5.  Those statutes pertaining to the student assessment
609	program and the school grading system, including chapter 1008.
610	6.  Those statutes pertaining to financial matters,
611	including chapter 1010.
612	7.  Those statutes pertaining to planning and budgeting,
613	including chapter 1011, except that ss. 1011.64 and 1011.69
614	shall be eligible for exemption.
615	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
616	differentiated pay and performance-pay policies for school
617	administrators and instructional personnel. Professional service
618	contracts shall be subject to the provisions of ss. 1012.33 and
619	1012.34.
620	9.  Those statutes pertaining to educational facilities,
621	including chapter 1013, except as specified under contract with
622	the State Board of Education. However, no contractual provision
623	that could have the effect of requiring the appropriation of
624	additional capital outlay funds to the academic performance-
625	based charter school district shall be valid.
626	Section 15.  For the purpose of incorporating the amendment
627	made by this act to section 1012.22, Florida Statutes, in a
628	reference thereto, paragraph (h) of subsection (2) of section
629	1003.621, Florida Statutes, is reenacted to read:
630	1003.621  Academically high-performing school
631	districts.--It is the intent of the Legislature to recognize and
632	reward school districts that demonstrate the ability to
633	consistently maintain or improve their high-performing status.
634	The purpose of this section is to provide high-performing school
635	districts with flexibility in meeting the specific requirements
636	in statute and rules of the State Board of Education.
637	(2)  COMPLIANCE WITH STATUTES AND RULES.--Each academically
638	high-performing school district shall comply with all of the
639	provisions in chapters 1000-1013, and rules of the State Board
640	of Education which implement these provisions, pertaining to the
641	following:
642	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
643	differentiated pay and performance-pay policies for school
644	administrators and instructional personnel. Professional service
645	contracts are subject to the provisions of ss. 1012.33 and
646	1012.34.
647	Section 16.  This act shall take effect upon becoming a
648	law.
649
650
651	-----------------------------------------------------
652	T I T L E  A M E N D M E N T
653	Remove the entire title and insert:
654	A bill to be entitled
655	An act relating to education personnel; providing a short title;
656	amending s. 39.202, F.S.; providing for access to records by
657	certain education employees or agents in cases of child abuse or
658	neglect; amending s. 1004.04, F.S.; requiring the Department of
659	Education to report to the State Board of Education on the
660	effectiveness of graduates of state-approved teacher preparation
661	programs; amending s. 1012.21, F.S.; requiring the department to
662	notify the Legislature relating to school district compliance
663	with compensation and salary schedule requirements; amending s.
664	1012.22, F.S.; deleting certain provisions relating to district
665	school board adoption of salary schedules and the basis for an
666	employee's compensation; requiring each district school board to
667	report to the department on its adopted differentiated pay
668	policy; requiring rulemaking relating to school district
669	implementation of compensation and salary schedule requirements;
670	amending s. 1012.2315, F.S.; revising department reporting
671	requirements relating to the assignment of classroom teachers;
672	amending s. 1012.28, F.S.; conforming provisions; amending s.
673	1012.34, F.S.; revising provisions to require a school district
674	personnel appraisal system; specifying criteria and procedures
675	for the appraisal process; requiring approval of appraisal
676	instruments; requiring appraisals twice a year for first-year
677	teachers; requiring evaluation of the appraisal system;
678	conforming provisions; amending s. 1012.52, F.S.; requiring the
679	State Board of Education to adopt by rule the Florida Educator
680	Accomplished Practices; requiring periodic review and revision
681	of the practices; amending s. 1012.56, F.S.; correcting cross-
682	references; authorizing Voluntary Prekindergarten Education
683	Program providers to meet certain requirements relating to
684	educator certification; providing additional means of
685	demonstrating mastery of professional preparation and education
686	competence; authorizing State Board of Education rules for
687	acceptance of certain teaching experience and course credits;
688	providing for retroactive application; amending s. 1012.98,
689	F.S.; authorizing certain organizations, including organizations
690	of Voluntary Prekindergarten Education Program providers, to
691	develop a professional development system and a program for
692	demonstration of education competence; amending s. 1012.986,
693	F.S.; specifying criteria for leadership standards under the
694	William Cecil Golden Professional Development Program for School
695	Leaders; authorizing the program to be offered through state-
696	approved leadership programs; requiring the Commissioner of
697	Education to report to the Legislature specific recommendations
698	for legislation to improve teacher quality; reenacting ss.
699	1003.62(2)(a) and 1003.621(2)(h), F.S., relating to academic
700	performance-based charter school districts and academically
701	high-performing school districts, respectively, to incorporate
702	the amendments made to s. 1012.22, F.S., in a reference thereto;
703	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.