HB 1411

1
A bill to be entitled
2An act relating to education personnel; providing a short
3title; amending s. 39.202, F.S.; providing for access to
4records by certain Department of Education employees or
5agents in cases of child abuse or neglect; amending ss.
6120.81, 1002.36, 1003.62, and 1003.621, F.S., to conform
7to provisions in the act; amending s. 1004.04, F.S.;
8requiring the Department of Education to report on the
9effectiveness of graduates of state-approved teacher
10preparation programs; amending s. 1012.21, F.S.;
11conforming provisions; requiring the department to report
12on educational insufficiency and dismissal and termination
13related thereto; requiring rulemaking to define
14educational insufficiency; amending s. 1012.22, F.S.;
15deleting certain provisions relating to district school
16board adoption of salary schedules; requiring each
17district school board to report to the department on its
18adopted differentiated pay policy; amending s. 1012.2315,
19F.S.; revising department reporting requirements relating
20to the assignment of teachers; amending s. 1012.28, F.S.;
21conforming provisions; creating s. 1012.335, F.S.,
22relating to contracts with instructional personnel hired
23on or after July 1, 2009; providing intent, findings, and
24definitions; providing conditions for receipt of
25probationary, annual, and professional performance
26contracts; providing a penalty for violation of a
27contract; providing criteria and procedures for suspension
28or dismissal of instructional personnel on contract;
29providing procedures for hearings to contest charges;
30requiring rules to define just cause; amending s. 1012.34,
31F.S.; revising provisions to require a school district
32personnel appraisal system; specifying criteria and
33procedures for the appraisal process; requiring approval
34of appraisal instruments; requiring appraisals twice a
35year for first-year teachers; requiring evaluation of
36appraisal system; conforming provisions; amending s.
371012.52, F.S.; requiring the State Board of Education to
38adopt by rule the Florida Educator Accomplished Practices;
39requiring periodic review and revision of the practices;
40amending s. 1012.56, F.S.; correcting cross-references;
41authorizing Voluntary Prekindergarten Education Program
42providers to meet certain requirements relating to
43educator certification; providing additional means of
44demonstrating mastery of professional preparation and
45education competence; authorizing State Board of Education
46rules for acceptance of certain teaching experience and
47course credits; providing for retroactive application;
48amending s. 1012.795, F.S.; conforming provisions;
49amending s. 1012.98, F.S.; authorizing certain
50organizations, including organizations of Voluntary
51Prekindergarten Education Program providers, to develop a
52professional development system and a program for
53demonstration of education competence; amending s.
541012.986, F.S.; specifying criteria for leadership
55standards under the William Cecil Golden Professional
56Development Program for School Leaders; authorizing the
57program to be offered through state-approved leadership
58programs; providing an effective date.
59
60     WHEREAS, Section 1 of Article IX of the State Constitution
61requires that adequate provision shall be made by law for a
62uniform, efficient, safe, secure, and high-quality system of
63free public schools, and
64     WHEREAS, a high-quality system of free public schools is
65one in which all students are provided with a highly effective
66teacher, and
67     WHEREAS, there is inequity in the number of out-of-field
68teachers, temporarily certified teachers, or teachers in need of
69improvement assigned to students in schools across the state,
70and
71     WHEREAS, research finds that the quality of the teacher is
72the most important factor impacting the quality of education in
73the classroom, and
74     WHEREAS, an effective teacher can produce student learning
75gains far greater than those of an ineffective teacher, and
76     WHEREAS, the Legislature should enact policies that provide
77district school superintendents and district school boards with
78the flexibility to staff each school classroom with a highly
79effective teacher, NOW, THEREFORE,
80
81Be It Enacted by the Legislature of the State of Florida:
82
83     Section 1.  This act may be cited as the "Quality Teacher
84for All Students Act."
85     Section 2.  Paragraph (r) is added to subsection (2) of
86section 39.202, Florida Statutes, to read:
87     39.202  Confidentiality of reports and records in cases of
88child abuse or neglect.--
89     (2)  Except as provided in subsection (4), access to such
90records, excluding the name of the reporter which shall be
91released only as provided in subsection (5), shall be granted
92only to the following persons, officials, and agencies:
93     (r)  Employees or agents of the Department of Education
94responsible for the investigation or prosecution of misconduct
95by certified educators.
96     Section 3.  Paragraph (i) of subsection (1) of section
97120.81, Florida Statutes, is amended to read:
98     120.81  Exceptions and special requirements; general
99areas.--
100     (1)  EDUCATIONAL UNITS.--
101     (i)  For purposes of s. 120.68, a district school board
102whose decision is reviewed under the provisions of s. 1012.33 or
103s. 1012.335 and whose final action is modified by a superior
104administrative decision shall be a party entitled to judicial
105review of the final action.
106     Section 4.  Paragraph (g) of subsection (7) of section
1071002.36, Florida Statutes, is amended to read:
108     1002.36  Florida School for the Deaf and the Blind.--
109     (7)  PERSONNEL SCREENING.--
110     (g)  For purposes of protecting the health, safety, or
111welfare of students, the Florida School for the Deaf and the
112Blind is considered a school district and must, except as
113otherwise provided in this section, comply with ss. 1001.03,
1141001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
1151012.335, 1012.34, 1012.56, 1012.795, and 1012.796.
116     Section 5.  Paragraph (a) of subsection (2) of section
1171003.62, Florida Statutes, is amended to read:
118     1003.62  Academic performance-based charter school
119districts.--The State Board of Education may enter into a
120performance contract with district school boards as authorized
121in this section for the purpose of establishing them as academic
122performance-based charter school districts. The purpose of this
123section is to examine a new relationship between the State Board
124of Education and district school boards that will produce
125significant improvements in student achievement, while complying
126with constitutional and statutory requirements assigned to each
127entity.
128     (2)  EXEMPTION FROM STATUTES AND RULES.--
129     (a)  An academic performance-based charter school district
130shall operate in accordance with its charter and shall be exempt
131from certain State Board of Education rules and statutes if the
132State Board of Education determines such an exemption will
133assist the district in maintaining or improving its high-
134performing status pursuant to paragraph (1)(a). However, the
135State Board of Education may not exempt an academic performance-
136based charter school district from any of the following
137statutes:
138     1.  Those statutes pertaining to the provision of services
139to students with disabilities.
140     2.  Those statutes pertaining to civil rights, including s.
1411000.05, relating to discrimination.
142     3.  Those statutes pertaining to student health, safety,
143and welfare.
144     4.  Those statutes governing the election or compensation
145of district school board members.
146     5.  Those statutes pertaining to the student assessment
147program and the school grading system, including chapter 1008.
148     6.  Those statutes pertaining to financial matters,
149including chapter 1010.
150     7.  Those statutes pertaining to planning and budgeting,
151including chapter 1011, except that ss. 1011.64 and 1011.69
152shall be eligible for exemption.
153     8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
154differentiated pay and performance-pay policies for school
155administrators and instructional personnel. Professional service
156contracts shall be subject to the provisions of ss. 1012.33 and
1571012.34. Professional performance contracts shall be subject to
158the provisions of ss. 1012.335 and 1012.34.
159     9.  Those statutes pertaining to educational facilities,
160including chapter 1013, except as specified under contract with
161the State Board of Education. However, no contractual provision
162that could have the effect of requiring the appropriation of
163additional capital outlay funds to the academic performance-
164based charter school district shall be valid.
165     Section 6.  Paragraph (h) of subsection (2) of section
1661003.621, Florida Statutes, is amended to read:
167     1003.621  Academically high-performing school
168districts.--It is the intent of the Legislature to recognize and
169reward school districts that demonstrate the ability to
170consistently maintain or improve their high-performing status.
171The purpose of this section is to provide high-performing school
172districts with flexibility in meeting the specific requirements
173in statute and rules of the State Board of Education.
174     (2)  COMPLIANCE WITH STATUTES AND RULES.--Each academically
175high-performing school district shall comply with all of the
176provisions in chapters 1000-1013, and rules of the State Board
177of Education which implement these provisions, pertaining to the
178following:
179     (h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
180differentiated pay and performance-pay policies for school
181administrators and instructional personnel. Professional service
182contracts are subject to the provisions of ss. 1012.33 and
1831012.34. Professional performance contracts are subject to the
184provisions of ss. 1012.335 and 1012.34.
185     Section 7.  Subsection (13) of section 1004.04, Florida
186Statutes, is renumbered as subsection (14), and a new subsection
187(13) is added to that section to read:
188     1004.04  Public accountability and state approval for
189teacher preparation programs.--
190     (13)  REPORT.--By March 1, 2010, and biennially thereafter,
191the Department of Education shall report to the State Board of
192Education on the effectiveness of the graduates of state-
193approved teacher preparation programs. Specifically, the report
194shall include an analysis of the public school student learning
195gains on statewide assessments, pursuant to s. 1008.22, by
196students who were taught by graduates of each state-approved
197teacher preparation program.
198     Section 8.  Subsections (2) and (6) of section 1012.21,
199Florida Statutes, are amended to read:
200     1012.21  Department of Education duties; K-12 personnel.--
201     (2)  COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT
202WAS TERMINATED.--
203     (a)  The Department of Education shall establish a computer
204database containing the names of persons whose employment is
205terminated under s. 1012.33(1)(a) or (4)(c) or under s.
2061012.335(6) or (7), which information shall be available to the
207district school superintendents and their designees.
208     (b)  Each district school superintendent shall report to
209the Department of Education the name of any person terminated
210under s. 1012.33(1)(a) or (4)(c) or under s. 1012.335(6) or (7)
211within 10 working days after the date of final action by the
212district school board on the termination, and the department
213shall immediately enter the information in the computer records.
214     (6)  REPORTING.-- The Department of Education shall
215annually:
216     (a)  Post online links to each school district's collective
217bargaining contracts and the salary and benefits of the
218personnel or officers of any educator association which were
219paid by the school district pursuant to s. 1012.22.
220     (b)  Report by school district the number of classroom
221teachers whose students' declining academic performance
222indicates educational insufficiency. The State Board of
223Education shall adopt rules pursuant to ss. 120.536(1) and
224120.54 to define educational insufficiency, which shall be based
225upon multiyear, objective data on declines in student
226performance.
227     (c)  Report by school district the number of dismissals
228initiated based on educational insufficiency as defined by state
229board rule and the number of these dismissals that resulted in
230termination of instructional personnel.
231     Section 9.  Paragraph (c) of subsection (1) of section
2321012.22, Florida Statutes, is amended to read:
233     1012.22  Public school personnel; powers and duties of the
234district school board.--The district school board shall:
235     (1)  Designate positions to be filled, prescribe
236qualifications for those positions, and provide for the
237appointment, compensation, promotion, suspension, and dismissal
238of employees as follows, subject to the requirements of this
239chapter:
240     (c)  Compensation and salary schedules.--
241     1.  The district school board shall adopt a salary schedule
242or salary schedules designed to furnish incentives for
243improvement in training and for continued efficient service to
244be used as a basis for paying all school employees and fix and
245authorize the compensation of school employees on the basis
246thereof.
247     1.2.  A district school board, in determining the salary
248schedule for instructional personnel, must base a portion of
249each employee's compensation on performance demonstrated under
250s. 1012.34, must consider the prior teaching experience of a
251person who has been designated state teacher of the year by any
252state in the United States, and must consider prior professional
253experience in the field of education gained in positions in
254addition to district level instructional and administrative
255positions.
256     2.3.  In developing the salary schedule, the district
257school board shall seek input from parents, teachers, and
258representatives of the business community.
259     3.4.  Beginning with the 2007-2008 academic year, Each
260district school board shall adopt a salary schedule with
261differentiated pay for both instructional personnel and school-
262based administrators. The salary schedule is subject to
263negotiation as provided in chapter 447 and must allow
264differentiated pay based on district-determined factors,
265including, but not limited to, additional responsibilities,
266school demographics, critical shortage areas, and level of job
267performance difficulties. Each district school board shall
268annually report to the Department of Education on its adopted
269differentiated pay policy in the manner and format prescribed by
270the department. The department shall annually notify the
271President of the Senate and the Speaker of the House of
272Representatives of any school district that does not comply with
273this subparagraph.
274     Section 10.  Subsection (5) of section 1012.2315, Florida
275Statutes, is amended to read:
276     1012.2315  Assignment of teachers.--
277     (5)  REPORT.--The Department of Education shall annually:
278     (a)  Post on its Internet website the percentage of
279teachers by school who are first-time teachers, temporarily
280certified teachers, teachers in need of improvement, or out-of-
281field teachers.
282     (b)  Report to the President of the Senate and the Speaker
283of the House of Representatives any school district that does
284not comply with this section. Schools graded "D" or "F" shall
285annually report their teacher-retention rate. Included in this
286report shall be reasons listed for leaving by each teacher who
287left the school for any reason.
288     Section 11.  Subsection (3) of section 1012.28, Florida
289Statutes, is amended to read:
290     1012.28  Public school personnel; duties of school
291principals.--
292     (3)  Each school principal is responsible for the
293performance of all personnel employed by the district school
294board and assigned to the school to which the principal is
295assigned. The school principal shall faithfully and effectively
296apply the personnel appraisal assessment system approved by the
297district school board pursuant to s. 1012.34.
298     Section 12.  Section 1012.335, Florida Statutes, is created
299to read:
300     1012.335  Contracts with instructional personnel hired on
301or after July 1, 2009.--
302     (1)  LEGISLATIVE INTENT.--It is the intent of the
303Legislature to ensure that every student has a high-quality
304teacher in his or her classroom.
305     (2)  FINDINGS.--The Legislature finds that:
306     (a)  The quality of the teacher is the single most
307important factor impacting the quality of education in the
308state's public school classrooms.
309     (b)  An effective teacher can produce student learning
310gains far greater than those of an ineffective teacher.
311     (c)  An effective teacher can increase student learning and
312thereby provide the student with the potential for greater
313future success and higher income over a lifetime.
314     (d)  District school boards need flexibility to recruit and
315retain high-quality instructional personnel.
316     (3)  DEFINITIONS.--
317     (a)  "Annual contract" means a contract for a period of no
318longer than 1 school year which the district school board can
319choose to renew or not renew without cause.
320     (b)  "Probationary contract" means a contract for a period
321of no longer than 1 school year in which an employee may be
322dismissed without cause or may resign from the contractual
323position without breach of contract.
324     (c)  "Professional performance contract" means a contract
325for a period of no longer than 5 school years which the district
326school board can choose to renew or not renew without cause. A
327professional performance contract may only be offered by a
328district school board to a teacher whose performance is
329satisfactory after a cumulative review of the teacher's
330effectiveness in the classroom based on objective student
331learning gains.
332     (4)  EMPLOYMENT.--
333     (a)  Beginning July 1, 2009, each person newly hired as a
334member of the instructional personnel by a Florida school
335district shall receive a probationary contract.
336     (b)  Instructional personnel are eligible for an annual
337contract after successful completion of the term of a
338probationary contract.
339     (c)  Instructional personnel are eligible for a
340professional performance contract after completion of no fewer
341than 10 annual contracts in the same school district during a
342period not in excess of 15 successive years, except for leave
343duly authorized and granted.
344     (d)  A district school board may issue a professional
345performance contract after July 1, 2009, to any employee who has
346previously held a professional performance contract, a
347professional service contract, or a continuing contract in the
348same or another school district within this state. Any employee
349who holds a professional service contract or a continuing
350contract may, but is not required to, exchange such contract for
351a professional performance contract in the same district.
352     (5)  VIOLATION OF CONTRACT.--Any person employed on the
353basis of a written offer of a specific position by a duly
354authorized agent of the district school board for a stated term
355of service at a specified salary, who accepted such offer by
356telegram or letter or by signing the regular contract form, and
357who violates the terms of such contract or agreement by leaving
358his or her position without first being released from his or her
359contract or agreement by the district school board of the
360district in which the person is employed shall be subject to the
361jurisdiction of the Education Practices Commission. The district
362school board shall take official action on such violation and
363shall furnish a copy of its official minutes to the Commissioner
364of Education.
365     (6)  SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
366ANNUAL CONTRACT.--Any member of the instructional personnel with
367an annual contract may be suspended or dismissed at any time
368during the term of the contract for just cause as provided in
369subsection (8). The district school board must notify the
370employee in writing whenever charges are made against the
371employee and may suspend such person without pay. However, if
372the charges are not sustained, the employee shall be immediately
373reinstated and his or her back salary shall be paid.
374     (7)  SUSPENSION OR DISMISSAL OF INSTRUCTIONAL PERSONNEL ON
375PROFESSIONAL PERFORMANCE CONTRACT.--Any member of the
376instructional personnel with a professional performance contract
377may be suspended or dismissed at any time during the term of the
378contract for just cause as provided in subsection (8). The
379district school board must notify the employee in writing
380whenever charges are made against the employee and may suspend
381such person without pay. However, if the charges are not
382sustained, the employee shall be immediately reinstated and his
383or her back salary shall be paid. If the employee wishes to
384contest the charges, the employee must, within 15 days after
385receipt of the written notice, submit a written request for a
386hearing to the district school board. Such hearing shall be
387conducted at the district school board's election in accordance
388with one of the following procedures:
389     (a)  A direct hearing conducted by the district school
390board within 60 days after receipt of the written appeal. The
391hearing shall be conducted in accordance with the provisions of
392ss. 120.569 and 120.57. A majority vote of the membership of the
393district school board shall be required to sustain the district
394school superintendent's recommendation. The determination of the
395district school board shall be final as to the sufficiency or
396insufficiency of the grounds for termination of employment; or
397     (b)  A hearing conducted by an administrative law judge
398assigned by the Division of Administrative Hearings of the
399Department of Management Services. The hearing shall be
400conducted within 60 days after receipt of the written appeal in
401accordance with chapter 120. The recommendation of the
402administrative law judge shall be made to the district school
403board. A majority vote of the membership of the district school
404board shall be required to sustain or change the administrative
405law judge's recommendation. The determination of the district
406school board shall be final as to the sufficiency or
407insufficiency of the grounds for termination of employment.
408
409Any such decision adverse to the employee may be appealed by the
410employee pursuant to s. 120.68 if the appeal is filed within 30
411days after the decision of the district school board.
412     (8)  JUST CAUSE.--The State Board of Education shall adopt
413rules pursuant to ss. 120.536(1) and 120.54 to define just
414cause. Just cause includes, but is not limited to:
415     (a)  Immorality.
416     (b)  Misconduct in office.
417     (c)  Incompetency.
418     (d)  Gross insubordination.
419     (e)  Willful neglect of duty.
420     (f)  Being convicted or found guilty of, or entering a plea
421of guilty to, regardless of adjudication of guilt, any crime
422involving moral turpitude.
423     (g)  Educational insufficiency.
424
425The rules shall include a definition of educational
426insufficiency that is based upon multiyear, objective data on
427declines in student performance.
428     Section 13.  Section 1012.34, Florida Statutes, is amended
429to read:
430     1012.34  Appraisal Assessment procedures and criteria.--
431     (1)  For the purpose of increasing student achievement by
432improving the quality of instructional, administrative, and
433supervisory services in the public schools of the state, the
434district school superintendent shall establish procedures for
435evaluating assessing the performance of duties and
436responsibilities of all instructional, administrative, and
437supervisory personnel employed by the school district. The
438Department of Education must approve each district's
439instructional personnel appraisal assessment system and
440appraisal instruments.
441     (2)  The following conditions must be considered in the
442design of the district's instructional personnel appraisal
443assessment system:
444     (a)  The system must be designed to support district and
445school level improvement plans.
446     (b)  The system must provide appropriate appraisal
447instruments, procedures, and criteria for continuous quality
448improvement of the professional skills of instructional
449personnel.
450     (c)  The system must include a mechanism to give parents an
451opportunity to provide input into employee performance
452appraisals assessments when appropriate.
453     (d)  In addition to addressing generic teaching
454competencies, districts must determine those teaching fields for
455which special procedures and criteria will be developed,
456including a process for determining the professional education
457competence of a teacher who holds a temporary certificate as
458required under s. 1012.56.
459     (e)  Each district school board may establish a peer
460assistance process. The plan may provide a mechanism for
461assistance of persons who are placed on performance probation as
462well as offer assistance to other employees who request it.
463     (f)  Each The district school board shall provide training
464programs that are based upon guidelines provided by the
465Department of Education to ensure that all individuals with
466evaluation responsibilities understand the proper use of the
467appraisal assessment criteria and procedures.
468     (g)  The system must include a process for monitoring the
469effective and consistent use of appraisal criteria by
470supervisors and administrators and a process for evaluating the
471effectiveness of the system itself in improving the level of
472instruction and learning in the district's schools.
473     (3)  The appraisal assessment procedure for instructional
474personnel and school administrators must be primarily based on
475the performance of students assigned to their classrooms or
476schools, as appropriate. Pursuant to this section, a school
477district's performance appraisal assessment is not limited to
478basing unsatisfactory performance of instructional personnel and
479school administrators upon student performance, but may include
480other criteria approved to evaluate assess instructional
481personnel and school administrators' performance, or any
482combination of student performance and other approved criteria.
483The procedures must comply with, but are not limited to, the
484following requirements:
485     (a)  An appraisal assessment must be conducted for each
486employee at least once a year, except that an appraisal for each
487first-year teacher must be conducted at least twice a year. The
488appraisal assessment must be based upon sound educational
489principles and contemporary research in effective educational
490practices. The assessment must primarily use data and indicators
491of improvement in student performance assessed annually as
492specified in s. 1008.22 and may consider results of peer reviews
493in evaluating the employee's performance. Student performance
494must be measured by state assessments required under s. 1008.22
495and by local assessments for subjects and grade levels not
496measured by the state assessment program. The appraisal
497assessment criteria must include, but are not limited to,
498indicators that relate to the following:
499     1.  Performance of students. The appraisal must primarily
500use data and indicators of improvement in student performance
501assessed annually as specified in s. 1008.22 and by district-
502determined assessments for subjects and grade levels not
503measured by the state assessment program.
504     2.  Instructional practice. For instructional personnel,
505performance criteria must include indicators based on each of
506the Florida Educator Accomplished Practices adopted by the State
507Board of Education under s. 1012.52.
508     3.  Instructional leadership. For school-based
509administrators, performance criteria must include indicators
510based on each of the leadership standards adopted by the State
511Board of Education under s. 1012.986.
512     4.  Professional responsibilities. Such criteria must
513include professional responsibilities and employment
514requirements as established by the State Board of Education and
515through policies of the district school board.
516     2.  Ability to maintain appropriate discipline.
517     3.  Knowledge of subject matter. The district school board
518shall make special provisions for evaluating teachers who are
519assigned to teach out-of-field.
520     4.  Ability to plan and deliver instruction and the use of
521technology in the classroom.
522     5.  Ability to evaluate instructional needs.
523     6.  Ability to establish and maintain a positive
524collaborative relationship with students' families to increase
525student achievement.
526     7.  Other professional competencies, responsibilities, and
527requirements as established by rules of the State Board of
528Education and policies of the district school board.
529     (b)  All personnel must be fully informed of the criteria
530and procedures associated with the appraisal assessment process
531before the appraisal assessment takes place.
532     (c)  The individual responsible for supervising the
533employee must evaluate assess the employee's performance. The
534evaluator must submit a written report of the appraisal
535assessment to the district school superintendent for the purpose
536of reviewing the employee's contract. The evaluator must submit
537the written report to the employee no later than 10 days after
538the appraisal assessment takes place. The evaluator must discuss
539the written report of appraisal assessment with the employee.
540The employee shall have the right to initiate a written response
541to the appraisal assessment, and the response shall become a
542permanent attachment to his or her personnel file.
543     (d)  If an employee is not performing his or her duties in
544a satisfactory manner, the evaluator shall notify the employee
545in writing of such determination. The notice must describe such
546unsatisfactory performance and include notice of the following
547procedural requirements:
548     1.  Upon delivery of a notice of unsatisfactory
549performance, the evaluator must confer with the employee, make
550recommendations with respect to specific areas of unsatisfactory
551performance, and provide assistance in helping to correct
552deficiencies within a prescribed period of time.
553     2.a.  If the employee holds a professional service contract
554as provided in s. 1012.33 or a professional performance contract
555as provided in 1012.335, the employee shall be placed on
556performance probation and governed by the provisions of this
557section for 90 calendar days following the receipt of the notice
558of unsatisfactory performance to demonstrate corrective action.
559School holidays and school vacation periods are not counted when
560calculating the 90-calendar-day period. During the 90 calendar
561days, the employee who holds a professional service contract or
562a professional performance contract must be evaluated
563periodically and apprised of progress achieved and must be
564provided assistance and inservice training opportunities to help
565correct the noted performance deficiencies. At any time during
566the 90 calendar days, the employee who holds a professional
567service contract or a professional performance contract may
568request a transfer to another appropriate position with a
569different supervising administrator; however, a transfer does
570not extend the period for correcting performance deficiencies.
571     b.  Within 14 days after the close of the 90 calendar days,
572the evaluator must evaluate assess whether the performance
573deficiencies have been corrected and forward a recommendation to
574the district school superintendent. Within 14 days after
575receiving the evaluator's recommendation, the district school
576superintendent must notify the employee who holds a professional
577service contract or a professional performance contract in
578writing whether the performance deficiencies have been
579satisfactorily corrected and whether the district school
580superintendent will recommend that the district school board
581continue or terminate his or her employment contract. If the
582employee wishes to contest the district school superintendent's
583recommendation, the employee must, within 15 days after receipt
584of the district school superintendent's recommendation, submit a
585written request for a hearing. The hearing shall be conducted at
586the district school board's election in accordance with one of
587the following procedures:
588     (I)  A direct hearing conducted by the district school
589board within 60 days after receipt of the written appeal. The
590hearing shall be conducted in accordance with the provisions of
591ss. 120.569 and 120.57. A majority vote of the membership of the
592district school board shall be required to sustain the district
593school superintendent's recommendation. The determination of the
594district school board shall be final as to the sufficiency or
595insufficiency of the grounds for termination of employment; or
596     (II)  A hearing conducted by an administrative law judge
597assigned by the Division of Administrative Hearings of the
598Department of Management Services. The hearing shall be
599conducted within 60 days after receipt of the written appeal in
600accordance with chapter 120. The recommendation of the
601administrative law judge shall be made to the district school
602board. A majority vote of the membership of the district school
603board shall be required to sustain or change the administrative
604law judge's recommendation. The determination of the district
605school board shall be final as to the sufficiency or
606insufficiency of the grounds for termination of employment.
607     (4)  The district school superintendent shall notify the
608department of any instructional personnel who receive two
609consecutive unsatisfactory evaluations and who have been given
610written notice by the district that their employment is being
611terminated or is not being renewed or that the district school
612board intends to terminate, or not renew, their employment. The
613department shall conduct an investigation to determine whether
614action shall be taken against the certificateholder pursuant to
615s. 1012.795(1)(c).
616     (5)  The district school superintendent shall develop a
617mechanism for evaluating the effective use of assessment
618criteria and evaluation procedures by administrators who are
619assigned responsibility for evaluating the performance of
620instructional personnel. The use of the assessment and
621evaluation procedures shall be considered as part of the annual
622assessment of the administrator's performance. The system must
623include a mechanism to give parents and teachers an opportunity
624to provide input into the administrator's performance
625assessment, when appropriate.
626     (5)(6)  Nothing in this section shall be construed to grant
627a probationary employee a right to continued employment beyond
628the term of his or her contract.
629     (6)(7)  The district school board shall establish a
630procedure annually reviewing instructional personnel appraisal
631assessment systems to determine compliance with this section.
632All substantial revisions to an approved system must be reviewed
633and approved by the district school board before being used to
634evaluate assess instructional personnel. Upon request by a
635school district, the department shall provide assistance in
636developing, improving, or reviewing an appraisal assessment
637system.
638     (7)(8)  The State Board of Education shall adopt rules
639pursuant to ss. 120.536(1) and 120.54, that establish uniform
640guidelines for the submission, review, and approval of district
641procedures for the annual appraisal assessment of instructional
642personnel and that include criteria for evaluating professional
643performance.
644     Section 14.  Subsection (3) is added to section 1012.52,
645Florida Statutes, to read:
646     1012.52  Teacher quality; legislative findings; Florida
647Educator Accomplished Practices.--
648     (3)  The State Board of Education shall adopt by rule the
649Florida Educator Accomplished Practices, which shall form the
650basis for the state's expectations for effective instructional
651practice. The Commissioner of Education shall periodically
652review the Florida Educator Accomplished Practices based on
653contemporary educational research and analysis of student
654performance data. Upon finalizing any resulting revisions to the
655Florida Educator Accomplished Practices, the commissioner shall
656submit the revised practices and supporting evaluation
657information to the Governor, the President of the Senate, and
658the Speaker of the House of Representatives at least 21 days
659before the State Board of Education considers adoption of the
660revised practices.
661     Section 15.  Subsection (1) and paragraphs (g) and (h) of
662subsection (6) of section 1012.56, Florida Statutes, are
663amended, paragraph (i) is added to subsection (6), and
664subsection (18) is added to that section, to read:
665     1012.56  Educator certification requirements.--
666     (1)  APPLICATION.--Each person seeking certification
667pursuant to this chapter shall submit a completed application
668containing the applicant's social security number to the
669Department of Education and remit the fee required pursuant to
670s. 1012.59 and rules of the State Board of Education. Pursuant
671to the federal Personal Responsibility and Work Opportunity
672Reconciliation Act of 1996, each party is required to provide
673his or her social security number in accordance with this
674section. Disclosure of social security numbers obtained through
675this requirement is limited to the purpose of administration of
676the Title IV-D program of the Social Security Act for child
677support enforcement. Pursuant to s. 120.60, the department shall
678issue within 90 calendar days after the stamped receipted date
679of the completed application:
680     (a)  If the applicant meets the requirements, a
681professional certificate covering the classification, level, and
682area for which the applicant is deemed qualified and a document
683explaining the requirements for renewal of the professional
684certificate;
685     (b)  If the applicant meets the requirements and if
686requested by an employing school district or an employing
687private school with a professional education competence
688demonstration program pursuant to paragraphs (6)(f) (5)(f) and
689(8)(b) (7)(b), a temporary certificate covering the
690classification, level, and area for which the applicant is
691deemed qualified and an official statement of status of
692eligibility; or
693     (c)  If an applicant does not meet the requirements for
694either certificate, an official statement of status of
695eligibility.
696
697The statement of status of eligibility must advise the applicant
698of any qualifications that must be completed to qualify for
699certification. Each statement of status of eligibility is valid
700for 3 years after its date of issuance, except as provided in
701paragraph (2)(d). For purposes of this section, the term
702"private school" includes an approved Voluntary Prekindergarten
703Education Program provider.
704     (6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
705COMPETENCE.--Acceptable means of demonstrating mastery of
706professional preparation and education competence are:
707     (g)  Successful completion of a professional preparation
708alternative certification and education competency program,
709outlined in paragraph (8)(a) (7)(a); or
710     (h)  Successful completion of an alternative certification
711program pursuant to s. 1004.85 and achievement of a passing
712score on the professional education competency examination
713required by rule of the State Board of Education; or
714     (i)  Successful completion of a professional education
715training program provided by Teach for America and achievement
716of a passing score on the professional education competency
717examination required by rule of the State Board of Education.
718     (18)  MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL
719ON EDUCATION TRANSCRIPTS; RULES.--The State Board of Education
720may adopt rules that:
721     (a)  For purposes of demonstrating mastery of professional
722preparation and education competence through the completion of
723professional preparation courses as specified in state board
724rule, allow a person to use his or her teaching experience as a
725military instructor to verify occupational teaching experience
726for the same number of years of instruction provided in one of
727the branches of the United States Armed Forces.
728     (b)  For purposes of demonstrating the completion of
729certification requirements specified in state board rule, allow
730for the acceptance of college course credits recommended by the
731American Council on Education (ACE), which are posted on an
732official ACE transcript.
733     (c)  This subsection applies to credit for instruction
734performed, or course credits awarded, prior to and after July 1,
7352009.
736     Section 16.  Paragraph (h) of subsection (1) of section
7371012.795, Florida Statutes, is amended to read:
738     1012.795  Education Practices Commission; authority to
739discipline.--
740     (1)  The Education Practices Commission may suspend the
741educator certificate of any person as defined in s. 1012.01(2)
742or (3) for up to 5 years, thereby denying that person the right
743to teach or otherwise be employed by a district school board or
744public school in any capacity requiring direct contact with
745students for that period of time, after which the holder may
746return to teaching as provided in subsection (4); may revoke the
747educator certificate of any person, thereby denying that person
748the right to teach or otherwise be employed by a district school
749board or public school in any capacity requiring direct contact
750with students for up to 10 years, with reinstatement subject to
751the provisions of subsection (4); may revoke permanently the
752educator certificate of any person thereby denying that person
753the right to teach or otherwise be employed by a district school
754board or public school in any capacity requiring direct contact
755with students; may suspend the educator certificate, upon an
756order of the court or notice by the Department of Revenue
757relating to the payment of child support; or may impose any
758other penalty provided by law, if the person:
759     (h)  Has breached a contract, as provided in s. 1012.33(2)
760or s. 1012.335(5).
761     Section 17.  Subsection (6) of section 1012.98, Florida
762Statutes, is amended to read:
763     1012.98  School Community Professional Development Act.--
764     (6)  An organization of private schools which has no fewer
765than 10 member schools in this state, which publishes and files
766with the Department of Education copies of its standards, and
767the member schools of which comply with the provisions of part
768II of chapter 1003, relating to compulsory school attendance, or
769an organization of approved Voluntary Prekindergarten Education
770Program providers with no fewer than 10 members in this state,
771may also develop a professional development system that includes
772a master plan for inservice activities and a program for
773demonstration of professional education competence under s.
7741012.56. The professional development system and inservice plan
775must be submitted to the commissioner for approval pursuant to
776rules of the State Board of Education.
777     Section 18.  Section 1012.986, Florida Statutes, is amended
778to read:
779     1012.986  William Cecil Golden Professional Development
780Program for School Leaders.--
781     (1)  There is established the William Cecil Golden
782Professional Development Program for School Leaders to provide
783high standards and sustained support for principals as
784instructional leaders. The program shall consist of a
785collaborative network of state and national professional
786leadership organizations to respond to instructional leadership
787needs throughout the state.
788     (2)  The network shall support the human-resource
789development needs of principals, principal leadership teams, and
790candidates for principal leadership positions using the
791framework of leadership standards adopted by the State Board of
792Education, the Southern Regional Education Board, and the
793National Staff Development Council. Leadership standards adopted
794under this section must focus on instructional leadership and
795include the ability to:
796     (a)  Identify and promote effective instruction.
797     (b)  Recruit and retain high-performing instructional
798personnel.
799     (c)  Manage resources so as to maximize their use for
800improving student achievement.
801     (3)  The goals goal of the network leadership program are
802is to:
803     (a)  Provide resources to support and enhance the
804principal's role as the instructional leader.
805     (b)  Maintain a clearinghouse and disseminate data-
806supported information related to enhanced student achievement,
807based on educational research and best practices.
808     (c)  Build the capacity to increase the quality of programs
809for preservice education for aspiring principals and inservice
810professional development for principals and principal leadership
811teams.
812     (d)  Support best teaching and research-based instructional
813practices through dissemination and modeling at the preservice
814and inservice levels for both teachers and principals.
815     (4)(2)  The Department of Education shall coordinate
816through the network identified in subsection (1) to offer the
817program through multiple delivery systems, including:
818     (a)  Approved school district training programs.
819     (b)  Interactive technology-based instruction.
820     (c)  Regional consortium service organizations pursuant to
821s. 1001.451.
822     (d)  State, regional, or local leadership academies.
823     (e)  State-approved educational leadership programs in
824public and nonpublic colleges and universities.
825     (5)(3)  The State Board of Education shall adopt rules
826pursuant to ss. 120.536(1) and 120.54 to administer this
827section.
828     Section 19.  This act shall take effect upon becoming a
829law.


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