CS/CS/HB 1411

1	A bill to be entitled
2	An act relating to education personnel; providing a short
3	title; amending s. 39.202, F.S.; providing for access to
4	records by certain education employees or agents in cases
5	of child abuse or neglect; amending ss. 120.81, 1002.36,
6	1003.62, and 1003.621, F.S., to conform to provisions in
7	the act; amending s. 1004.04, F.S.; requiring the
8	Department of Education to report to the State Board of
9	Education on the effectiveness of graduates of state-
10	approved teacher preparation programs; amending s.
11	1012.21, F.S.; conforming provisions; requiring the
12	department to notify the Legislature relating to school
13	district compliance with compensation and salary schedule
14	requirements; requiring the department to report to the
15	State Board of Education on educational insufficiency and
16	dismissal and termination related thereto; requiring
17	rulemaking to define educational insufficiency; amending
18	s. 1012.22, F.S.; deleting certain provisions relating to
19	district school board adoption of salary schedules and the
20	basis for an employee's compensation; requiring each
21	district school board to report to the department on its
22	adopted differentiated pay policy; requiring rulemaking
23	relating to school district implementation of compensation
24	and salary schedule requirements; amending s. 1012.2315,
25	F.S.; revising department reporting requirements relating
26	to the assignment of classroom teachers; amending s.
27	1012.28, F.S.; conforming provisions; creating s.
28	1012.335, F.S., relating to contracts with classroom
29	teachers hired on or after July 1, 2009; providing intent,
30	findings, and definitions; providing conditions for
31	receipt of probationary, annual, and professional
32	performance contracts; providing a penalty for violation
33	of a contract; providing criteria and procedures for
34	suspension or dismissal of classroom teachers on contract;
35	providing procedures for hearings to contest charges;
36	requiring rules to define just cause; amending s. 1012.34,
37	F.S.; revising provisions to require a school district
38	personnel appraisal system; specifying criteria and
39	procedures for the appraisal process; requiring approval
40	of appraisal instruments; requiring appraisals twice a
41	year for first-year teachers; requiring evaluation of the
42	appraisal system; conforming provisions; amending s.
43	1012.52, F.S.; requiring the State Board of Education to
44	adopt by rule the Florida Educator Accomplished Practices;
45	requiring periodic review and revision of the practices;
46	amending s. 1012.56, F.S.; correcting cross-references;
47	authorizing Voluntary Prekindergarten Education Program
48	providers to meet certain requirements relating to
49	educator certification; providing additional means of
50	demonstrating mastery of professional preparation and
51	education competence; authorizing State Board of Education
52	rules for acceptance of certain teaching experience and
53	course credits; providing for retroactive application;
54	amending s. 1012.795, F.S.; conforming provisions;
55	amending s. 1012.98, F.S.; authorizing certain
56	organizations, including organizations of Voluntary
57	Prekindergarten Education Program providers, to develop a
58	professional development system and a program for
59	demonstration of education competence; amending s.
60	1012.986, F.S.; specifying criteria for leadership
61	standards under the William Cecil Golden Professional
62	Development Program for School Leaders; authorizing the
63	program to be offered through state-approved leadership
64	programs; repealing s. 1012.33(3)(g), F.S., relating to
65	acceptance of certain teaching service for purposes of pay
66	for instructional staff, supervisors, and school
67	principals; providing an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  This act may be cited as the "Quality Teachers
72	for All Students Act."
73	Section 2.  Paragraph (r) is added to subsection (2) of
74	section 39.202, Florida Statutes, to read:
75	39.202  Confidentiality of reports and records in cases of
76	child abuse or neglect.--
77	(2)  Except as provided in subsection (4), access to such
78	records, excluding the name of the reporter which shall be
79	released only as provided in subsection (5), shall be granted
80	only to the following persons, officials, and agencies:
81	(r)  Employees or agents of the Department of Education and
82	district school board employees responsible for the
83	investigation or prosecution of misconduct by certified
84	educators.
85	Section 3.  Paragraph (i) of subsection (1) of section
86	120.81, Florida Statutes, is amended to read:
87	120.81  Exceptions and special requirements; general
88	areas.--
89	(1)  EDUCATIONAL UNITS.--
90	(i)  For purposes of s. 120.68, a district school board
91	whose decision is reviewed under the provisions of s. 1012.33 or
92	s. 1012.335 and whose final action is modified by a superior
93	administrative decision shall be a party entitled to judicial
94	review of the final action.
95	Section 4.  Paragraph (g) of subsection (7) of section
96	1002.36, Florida Statutes, is amended to read:
97	1002.36  Florida School for the Deaf and the Blind.--
98	(7)  PERSONNEL SCREENING.--
99	(g)  For purposes of protecting the health, safety, or
100	welfare of students, the Florida School for the Deaf and the
101	Blind is considered a school district and must, except as
102	otherwise provided in this section, comply with ss. 1001.03,
103	1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
104	1012.335, 1012.34, 1012.56, 1012.795, and 1012.796.
105	Section 5.  Paragraph (a) of subsection (2) of section
106	1003.62, Florida Statutes, is amended to read:
107	1003.62  Academic performance-based charter school
108	districts.--The State Board of Education may enter into a
109	performance contract with district school boards as authorized
110	in this section for the purpose of establishing them as academic
111	performance-based charter school districts. The purpose of this
112	section is to examine a new relationship between the State Board
113	of Education and district school boards that will produce
114	significant improvements in student achievement, while complying
115	with constitutional and statutory requirements assigned to each
116	entity.
117	(2)  EXEMPTION FROM STATUTES AND RULES.--
118	(a)  An academic performance-based charter school district
119	shall operate in accordance with its charter and shall be exempt
120	from certain State Board of Education rules and statutes if the
121	State Board of Education determines such an exemption will
122	assist the district in maintaining or improving its high-
123	performing status pursuant to paragraph (1)(a). However, the
124	State Board of Education may not exempt an academic performance-
125	based charter school district from any of the following
126	statutes:
127	1.  Those statutes pertaining to the provision of services
128	to students with disabilities.
129	2.  Those statutes pertaining to civil rights, including s.
130	1000.05, relating to discrimination.
131	3.  Those statutes pertaining to student health, safety,
132	and welfare.
133	4.  Those statutes governing the election or compensation
134	of district school board members.
135	5.  Those statutes pertaining to the student assessment
136	program and the school grading system, including chapter 1008.
137	6.  Those statutes pertaining to financial matters,
138	including chapter 1010.
139	7.  Those statutes pertaining to planning and budgeting,
140	including chapter 1011, except that ss. 1011.64 and 1011.69
141	shall be eligible for exemption.
142	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
143	differentiated pay and performance-pay policies for school
144	administrators and instructional personnel. Professional service
145	contracts shall be subject to the provisions of ss. 1012.33 and
146	1012.34. Professional performance contracts shall be subject to
147	the provisions of ss. 1012.335 and 1012.34.
148	9.  Those statutes pertaining to educational facilities,
149	including chapter 1013, except as specified under contract with
150	the State Board of Education. However, no contractual provision
151	that could have the effect of requiring the appropriation of
152	additional capital outlay funds to the academic performance-
153	based charter school district shall be valid.
154	Section 6.  Paragraph (h) of subsection (2) of section
155	1003.621, Florida Statutes, is amended to read:
156	1003.621  Academically high-performing school
157	districts.--It is the intent of the Legislature to recognize and
158	reward school districts that demonstrate the ability to
159	consistently maintain or improve their high-performing status.
160	The purpose of this section is to provide high-performing school
161	districts with flexibility in meeting the specific requirements
162	in statute and rules of the State Board of Education.
163	(2)  COMPLIANCE WITH STATUTES AND RULES.--Each academically
164	high-performing school district shall comply with all of the
165	provisions in chapters 1000-1013, and rules of the State Board
166	of Education which implement these provisions, pertaining to the
167	following:
168	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
169	differentiated pay and performance-pay policies for school
170	administrators and instructional personnel. Professional service
171	contracts are subject to the provisions of ss. 1012.33 and
172	1012.34. Professional performance contracts are subject to the
173	provisions of ss. 1012.335 and 1012.34.
174	Section 7.  Subsection (13) of section 1004.04, Florida
175	Statutes, is renumbered as subsection (14), and a new subsection
176	(13) is added to that section to read:
177	1004.04  Public accountability and state approval for
178	teacher preparation programs.--
179	(13)  REPORT.--By March 1, 2010, and biennially thereafter,
180	the Department of Education shall report to the State Board of
181	Education on the effectiveness of the graduates of state-
182	approved teacher preparation programs. The report shall include
183	an analysis of the public school student learning gains on
184	statewide assessments, pursuant to s. 1008.22, by students who
185	were taught by graduates of each state-approved teacher
186	preparation program.
187	Section 8.  Subsections (2) and (6) of section 1012.21,
188	Florida Statutes, are amended to read:
189	1012.21  Department of Education duties; K-12 personnel.--
190	(2)  COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT
191	WAS TERMINATED.--
192	(a)  The Department of Education shall establish a computer
193	database containing the names of persons whose employment is
194	terminated under s. 1012.33(1)(a) or (4)(c) or under s.
195	1012.335(6) or (7), which information shall be available to the
196	district school superintendents and their designees.
197	(b)  Each district school superintendent shall report to
198	the Department of Education the name of any person terminated
199	under s. 1012.33(1)(a) or (4)(c) or under s. 1012.335(6) or (7)
200	within 10 working days after the date of final action by the
201	district school board on the termination, and the department
202	shall immediately enter the information in the computer records.
203	(6)  REPORTING.-- The Department of Education shall
204	annually:
205	(a)  Post online links to each school district's collective
206	bargaining contracts and the salary and benefits of the
207	personnel or officers of any educator association which were
208	paid by the school district pursuant to s. 1012.22.
209	(b)  Notify the President of the Senate and the Speaker of
210	the House of Representatives of any school district that does
211	not comply with the requirements of s. 1012.22(1)(c).
212	(c)  Report to the State Board of Education by school
213	district the number of classroom teachers whose students'
214	declining academic performance indicates educational
215	insufficiency. The State Board of Education shall adopt rules to
216	define educational insufficiency, which shall be based upon
217	multiyear, objective data on declines in student performance. At
218	a minimum, the state board's rules shall be based upon 3 years
219	of data showing at least a majority of the students taught by
220	the teacher showing a lack of progress.
221	(d)  Report to the State Board of Education by school
222	district the number of dismissals initiated based on educational
223	insufficiency as defined by state board rule and the number of
224	the initiated dismissals that resulted in termination of
225	classroom teachers.
226	Section 9.  Paragraph (c) of subsection (1) of section
227	1012.22, Florida Statutes, is amended to read:
228	1012.22  Public school personnel; powers and duties of the
229	district school board.--The district school board shall:
230	(1)  Designate positions to be filled, prescribe
231	qualifications for those positions, and provide for the
232	appointment, compensation, promotion, suspension, and dismissal
233	of employees as follows, subject to the requirements of this
234	chapter:
235	(c)  Compensation and salary schedules.--
236	1.  The district school board shall adopt a salary schedule
237	or salary schedules designed to furnish incentives for
238	improvement in training and for continued efficient service to
239	be used as a basis for paying all school employees and fix and
240	authorize the compensation of school employees on the basis
241	thereof.
242	1.2.  A district school board, in determining the salary
243	schedule for instructional personnel, must base a portion of
244	each employee's compensation on performance demonstrated under
245	s. 1012.34, must consider the prior teaching experience of a
246	person who has been designated state teacher of the year by any
247	state in the United States, and must consider prior professional
248	experience in the field of education gained in positions in
249	addition to district level instructional and administrative
250	positions.
251	2.3.  In developing the salary schedule, the district
252	school board shall seek input from parents, teachers, and
253	representatives of the business community.
254	3.4.  Beginning with the 2007-2008 academic year, Each
255	district school board shall adopt a salary schedule with
256	differentiated pay for both instructional personnel and school-
257	based administrators. The salary schedule is subject to
258	negotiation as provided in chapter 447 and must allow
259	differentiated pay based on district-determined factors,
260	including, but not limited to, additional responsibilities,
261	school demographics, critical shortage areas, and level of job
262	performance difficulties. Each district school board shall
263	annually report to the Department of Education on its adopted
264	differentiated pay policy in the manner and format prescribed by
265	the department.
266
267	The State Board of Education shall adopt rules pursuant to ss.
268	120.536(1) and 120.54 to implement this paragraph. Such rules
269	shall include compliance requirements for district salary
270	schedules regarding individual performance and differentiated
271	pay, reporting formats, and procedures for review of salary
272	schedules.
273	Section 10.  Subsection (5) of section 1012.2315, Florida
274	Statutes, is amended to read:
275	1012.2315  Assignment of teachers.--
276	(5)  REPORT.--The Department of Education shall annually:
277	(a)  Post on its Internet website the percentage of
278	classroom teachers by school who are first-time teachers,
279	temporarily certified teachers, teachers in need of improvement,
280	or out-of-field teachers.
281	(b)  Report to the President of the Senate and the Speaker
282	of the House of Representatives any school district that does
283	not comply with this section. Schools graded "D" or "F" shall
284	annually report their teacher-retention rate. Included in this
285	report shall be reasons listed for leaving by each teacher who
286	left the school for any reason.
287	Section 11.  Subsection (3) of section 1012.28, Florida
288	Statutes, is amended to read:
289	1012.28  Public school personnel; duties of school
290	principals.--
291	(3)  Each school principal is responsible for the
292	performance of all personnel employed by the district school
293	board and assigned to the school to which the principal is
294	assigned. The school principal shall faithfully and effectively
295	apply the personnel appraisal assessment system approved by the
296	district school board pursuant to s. 1012.34.
297	Section 12.  Section 1012.335, Florida Statutes, is created
298	to read:
299	1012.335  Contracts with classroom teachers hired on or
300	after July 1, 2009.--
301	(1)  LEGISLATIVE INTENT.--It is the intent of the
302	Legislature to ensure that every student has a high-quality
303	teacher in his or her classroom.
304	(2)  FINDINGS.--The Legislature finds that:
305	(a)  The quality of the classroom teacher is the single
306	most important factor impacting the quality of education in the
307	state's public school classrooms.
308	(b)  An effective classroom teacher can produce student
309	learning gains far greater than those of an ineffective
310	classroom teacher.
311	(c)  An effective classroom teacher can increase student
312	learning and thereby provide the student with the potential for
313	greater future success and higher income over a lifetime.
314	(d)  District school boards need flexibility to recruit and
315	retain high-quality classroom teachers.
316	(3)  DEFINITIONS.--
317	(a)  "Annual contract" means a contract for a period of no
318	longer than 1 school year which the district school board can
319	choose to renew or not renew without cause.
320	(b)  "Classroom teacher" means the same as classroom
321	teacher as defined in s. 1012.01(2)(a), excluding substitute
322	teachers.
323	(c)  "Probationary contract" means a contract for a period
324	of no longer than 1 school year in which a classroom teacher may
325	be dismissed without cause or may resign from the contractual
326	position without breach of contract.
327	(d)  "Professional performance contract" means a contract
328	for a period of no longer than 5 school years which the district
329	school board can choose to renew or not renew without cause.
330	(4)  EMPLOYMENT.--
331	(a)  Beginning July 1, 2009, each person newly hired as a
332	classroom teacher by a Florida school district shall receive a
333	probationary contract.
334	(b)  Classroom teachers are eligible for an annual contract
335	after successful completion of the term of a probationary
336	contract. No classroom teacher shall receive more than 7
337	consecutive annual contracts.
338	(c)  Classroom teachers are eligible for a professional
339	performance contract after completion of no fewer than 5 annual
340	contracts in the same school district during a period not in
341	excess of 7 successive years, except for leave duly authorized
342	and granted. A professional performance contract may only be
343	offered by a district school board to a classroom teacher:
344	1.  Who holds a professional certificate as prescribed by
345	s. 1012.56 and rules of the State Board of Education.
346	2.  Who has been recommended by the district school
347	superintendent for such contract and approved by the district
348	school board based on the successful performance of duties and
349	demonstration of professional competence.
350	3.  Whose performance is satisfactory after a cumulative
351	review of the teacher's effectiveness in the classroom based on
352	objective student learning gains.
353	(d)  A district school board may issue a professional
354	performance contract on or after July 1, 2009, to any classroom
355	teacher who has previously held a professional performance
356	contract, a professional service contract, or a continuing
357	contract in the same or another school district within this
358	state. Any classroom teacher who holds a professional service
359	contract or a continuing contract may, but is not required to,
360	exchange such contract for a professional performance contract
361	in the same district.
362	(5)  VIOLATION OF CONTRACT.--Any classroom teacher who is
363	employed on the basis of a written offer of a specific position
364	by a duly authorized agent of the district school board for a
365	stated term of service at a specified salary, who accepted such
366	offer in writing or by signing the regular contract form, and
367	who violates the terms of such contract or agreement by leaving
368	his or her position without first being released from his or her
369	contract or agreement by the district school board of the
370	district in which the classroom teacher is employed shall be
371	subject to the jurisdiction of the Education Practices
372	Commission. The district school board shall take official action
373	on such violation and shall furnish a copy of its official
374	minutes to the Commissioner of Education.
375	(6)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
376	ANNUAL CONTRACT.--Any classroom teacher with an annual contract
377	may be suspended or dismissed at any time during the term of the
378	contract for just cause as provided in subsection (8). The
379	district school board must notify the classroom teacher in
380	writing whenever charges are made against the classroom teacher
381	and may suspend such person without pay. However, if the charges
382	are not sustained, the classroom teacher shall be immediately
383	reinstated and his or her back salary shall be paid.
384	(7)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
385	PROFESSIONAL PERFORMANCE CONTRACT.--Any classroom teacher with a
386	professional performance contract may be suspended or dismissed
387	at any time during the term of the contract for just cause as
388	provided in subsection (8). The district school board must
389	notify the classroom teacher in writing whenever charges are
390	made against the classroom teacher and may suspend such person
391	without pay. However, if the charges are not sustained, the
392	classroom teacher shall be immediately reinstated and his or her
393	back salary shall be paid. If the classroom teacher wishes to
394	contest the charges, the classroom teacher must, within 15 days
395	after receipt of the written notice, submit a written request
396	for a hearing to the district school board. Such hearing shall
397	be conducted at the district school board's election in
398	accordance with one of the following procedures:
399	(a)  A direct hearing conducted by the district school
400	board within 60 days after receipt of the written appeal. The
401	hearing shall be conducted in accordance with the provisions of
402	ss. 120.569 and 120.57. A majority vote of the membership of the
403	district school board shall be required to sustain the district
404	school superintendent's recommendation. The determination of the
405	district school board shall be final as to the sufficiency or
406	insufficiency of the grounds for termination of employment; or
407	(b)  A hearing conducted by an administrative law judge
408	assigned by the Division of Administrative Hearings of the
409	Department of Management Services. The hearing shall be
410	conducted within 60 days after receipt of the written appeal in
411	accordance with chapter 120. The recommendation of the
412	administrative law judge shall be made to the district school
413	board. A majority vote of the membership of the district school
414	board shall be required to sustain or change the administrative
415	law judge's recommendation. The determination of the district
416	school board shall be final as to the sufficiency or
417	insufficiency of the grounds for termination of employment.
418
419	Any such decision adverse to the classroom teacher may be
420	appealed by the classroom teacher pursuant to s. 120.68 if the
421	appeal is filed within 30 days after the decision of the
422	district school board.
423	(8)  JUST CAUSE.--The State Board of Education shall adopt
424	rules to define just cause. Just cause includes, but is not
425	limited to:
426	(a)  Immorality.
427	(b)  Misconduct in office.
428	(c)  Incompetency.
429	(d)  Gross insubordination.
430	(e)  Willful neglect of duty.
431	(f)  Being convicted or found guilty of, or entering a plea
432	of guilty to, regardless of adjudication of guilt, any crime
433	involving moral turpitude.
434	(g)  Educational insufficiency.
435
436	The rules shall include a definition of educational
437	insufficiency that is based upon multiyear, objective data on
438	declines in student performance. At a minimum, the state board's
439	rules shall be based upon 3 years of data showing at least a
440	majority of the students taught by the teacher showing a lack of
441	progress.
442	Section 13.  Section 1012.34, Florida Statutes, is amended
443	to read:
444	1012.34  Appraisal Assessment procedures and criteria.--
445	(1)  For the purpose of increasing student achievement by
446	improving the quality of instructional, administrative, and
447	supervisory services in the public schools of the state, the
448	district school superintendent shall establish procedures for
449	evaluating assessing the performance of duties and
450	responsibilities of all instructional, administrative, and
451	supervisory personnel employed by the school district. The
452	Department of Education must approve each district's
453	instructional personnel appraisal assessment system and
454	appraisal instruments.
455	(2)  The following conditions must be considered in the
456	design of the district's instructional personnel appraisal
457	assessment system:
458	(a)  The system must be designed to support district and
459	school level improvement plans.
460	(b)  The system must provide appropriate appraisal
461	instruments, procedures, and criteria for continuous quality
462	improvement of the professional skills of instructional
463	personnel.
464	(c)  The system must include a mechanism to give parents an
465	opportunity to provide input into employee performance
466	appraisals assessments when appropriate.
467	(d)  In addition to addressing generic teaching
468	competencies, districts must determine those teaching fields for
469	which special procedures and criteria will be developed,
470	including a process for determining the professional education
471	competence of a teacher who holds a temporary certificate as
472	required under s. 1012.56.
473	(e)  Each district school board may establish a peer
474	assistance process. The plan may provide a mechanism for
475	assistance of persons who are placed on performance probation as
476	well as offer assistance to other employees who request it.
477	(f)  Each The district school board shall provide training
478	programs that are based upon guidelines provided by the
479	Department of Education to ensure that all individuals with
480	evaluation responsibilities understand the proper use of the
481	appraisal assessment criteria and procedures.
482	(g)  The system must include a process for monitoring the
483	effective and consistent use of appraisal criteria by
484	supervisors and administrators and a process for evaluating the
485	effectiveness of the system itself in improving the level of
486	instruction and learning in the district's schools.
487	(3)  The appraisal assessment procedure for instructional
488	personnel and school administrators must be primarily based on
489	the performance of students assigned to their classrooms or
490	schools, as appropriate. Pursuant to this section, a school
491	district's performance appraisal assessment is not limited to
492	basing unsatisfactory performance of instructional personnel and
493	school administrators upon student performance, but may include
494	other criteria approved to evaluate assess instructional
495	personnel and school administrators' performance, or any
496	combination of student performance and other approved criteria.
497	The procedures must comply with, but are not limited to, the
498	following requirements:
499	(a)  An appraisal assessment must be conducted for each
500	employee at least once a year, except that an appraisal for each
501	first-year teacher must be conducted at least twice a year. The
502	appraisal assessment must be based upon sound educational
503	principles and contemporary research in effective educational
504	practices. The assessment must primarily use data and indicators
505	of improvement in student performance assessed annually as
506	specified in s. 1008.22 and may consider results of peer reviews
507	in evaluating the employee's performance. Student performance
508	must be measured by state assessments required under s. 1008.22
509	and by local assessments for subjects and grade levels not
510	measured by the state assessment program. The appraisal
511	assessment criteria must include, but are not limited to,
512	indicators that relate to the following:
513	1.  Performance of students. The appraisal must primarily
514	use data and indicators of improvement in student performance
515	assessed annually as specified in s. 1008.22 and by district-
516	determined assessments for subjects and grade levels not
517	measured by the state assessment program.
518	2.  Instructional practice. For instructional personnel,
519	performance criteria must include indicators based on each of
520	the Florida Educator Accomplished Practices adopted by the State
521	Board of Education under s. 1012.52.
522	3.  Instructional leadership. For school-based
523	administrators, performance criteria must include indicators
524	based on each of the leadership standards adopted by the State
525	Board of Education under s. 1012.986.
526	4.  Professional responsibilities. Such criteria must
527	include professional responsibilities and employment
528	requirements as established by the State Board of Education and
529	through policies of the district school board.
530	2.  Ability to maintain appropriate discipline.
531	3.  Knowledge of subject matter. The district school board
532	shall make special provisions for evaluating teachers who are
533	assigned to teach out-of-field.
534	4.  Ability to plan and deliver instruction and the use of
535	technology in the classroom.
536	5.  Ability to evaluate instructional needs.
537	6.  Ability to establish and maintain a positive
538	collaborative relationship with students' families to increase
539	student achievement.
540	7.  Other professional competencies, responsibilities, and
541	requirements as established by rules of the State Board of
542	Education and policies of the district school board.
543	(b)  All personnel must be fully informed of the criteria
544	and procedures associated with the appraisal assessment process
545	before the appraisal assessment takes place.
546	(c)  The individual responsible for supervising the
547	employee must evaluate assess the employee's performance. The
548	evaluator must submit a written report of the appraisal
549	assessment to the district school superintendent for the purpose
550	of reviewing the employee's contract. The evaluator must submit
551	the written report to the employee no later than 10 days after
552	the appraisal assessment takes place. The evaluator must discuss
553	the written report of appraisal assessment with the employee.
554	The employee shall have the right to initiate a written response
555	to the appraisal assessment, and the response shall become a
556	permanent attachment to his or her personnel file.
557	(d)  If an employee is not performing his or her duties in
558	a satisfactory manner, the evaluator shall notify the employee
559	in writing of such determination. The notice must describe such
560	unsatisfactory performance and include notice of the following
561	procedural requirements:
562	1.  Upon delivery of a notice of unsatisfactory
563	performance, the evaluator must confer with the employee, make
564	recommendations with respect to specific areas of unsatisfactory
565	performance, and provide assistance in helping to correct
566	deficiencies within a prescribed period of time.
567	2.a.  If the employee holds a professional service contract
568	as provided in s. 1012.33 or a professional performance contract
569	as provided in 1012.335, the employee shall be placed on
570	performance probation and governed by the provisions of this
571	section for 90 calendar days following the receipt of the notice
572	of unsatisfactory performance to demonstrate corrective action.
573	School holidays and school vacation periods are not counted when
574	calculating the 90-calendar-day period. During the 90 calendar
575	days, the employee who holds a professional service contract or
576	a professional performance contract must be evaluated
577	periodically and apprised of progress achieved and must be
578	provided assistance and inservice training opportunities to help
579	correct the noted performance deficiencies. At any time during
580	the 90 calendar days, the employee who holds a professional
581	service contract or a professional performance contract may
582	request a transfer to another appropriate position with a
583	different supervising administrator; however, a transfer does
584	not extend the period for correcting performance deficiencies.
585	b.  Within 14 days after the close of the 90 calendar days,
586	the evaluator must evaluate assess whether the performance
587	deficiencies have been corrected and forward a recommendation to
588	the district school superintendent. Within 14 days after
589	receiving the evaluator's recommendation, the district school
590	superintendent must notify the employee who holds a professional
591	service contract or a professional performance contract in
592	writing whether the performance deficiencies have been
593	satisfactorily corrected and whether the district school
594	superintendent will recommend that the district school board
595	continue or terminate his or her employment contract. If the
596	employee wishes to contest the district school superintendent's
597	recommendation, the employee must, within 15 days after receipt
598	of the district school superintendent's recommendation, submit a
599	written request for a hearing. The hearing shall be conducted at
600	the district school board's election in accordance with one of
601	the following procedures:
602	(I)  A direct hearing conducted by the district school
603	board within 60 days after receipt of the written appeal. The
604	hearing shall be conducted in accordance with the provisions of
605	ss. 120.569 and 120.57. A majority vote of the membership of the
606	district school board shall be required to sustain the district
607	school superintendent's recommendation. The determination of the
608	district school board shall be final as to the sufficiency or
609	insufficiency of the grounds for termination of employment; or
610	(II)  A hearing conducted by an administrative law judge
611	assigned by the Division of Administrative Hearings of the
612	Department of Management Services. The hearing shall be
613	conducted within 60 days after receipt of the written appeal in
614	accordance with chapter 120. The recommendation of the
615	administrative law judge shall be made to the district school
616	board. A majority vote of the membership of the district school
617	board shall be required to sustain or change the administrative
618	law judge's recommendation. The determination of the district
619	school board shall be final as to the sufficiency or
620	insufficiency of the grounds for termination of employment.
621	(4)  The district school superintendent shall notify the
622	department of any instructional personnel who receive two
623	consecutive unsatisfactory evaluations and who have been given
624	written notice by the district that their employment is being
625	terminated or is not being renewed or that the district school
626	board intends to terminate, or not renew, their employment. The
627	department shall conduct an investigation to determine whether
628	action shall be taken against the certificateholder pursuant to
629	s. 1012.795(1)(c).
630	(5)  The district school superintendent shall develop a
631	mechanism for evaluating the effective use of assessment
632	criteria and evaluation procedures by administrators who are
633	assigned responsibility for evaluating the performance of
634	instructional personnel. The use of the assessment and
635	evaluation procedures shall be considered as part of the annual
636	assessment of the administrator's performance. The system must
637	include a mechanism to give parents and teachers an opportunity
638	to provide input into the administrator's performance
639	assessment, when appropriate.
640	(5)(6)  Nothing in this section shall be construed to grant
641	a probationary employee a right to continued employment beyond
642	the term of his or her contract.
643	(6)(7)  The district school board shall establish a
644	procedure annually reviewing instructional personnel appraisal
645	assessment systems to determine compliance with this section.
646	All substantial revisions to an approved system must be reviewed
647	and approved by the district school board before being used to
648	evaluate assess instructional personnel. Upon request by a
649	school district, the department shall provide assistance in
650	developing, improving, or reviewing an appraisal assessment
651	system.
652	(7)(8)  The State Board of Education shall adopt rules
653	pursuant to ss. 120.536(1) and 120.54, that establish uniform
654	guidelines for the submission, review, and approval of district
655	procedures for the annual appraisal assessment of instructional
656	personnel and that include criteria for evaluating professional
657	performance.
658	Section 14.  Subsection (3) is added to section 1012.52,
659	Florida Statutes, to read:
660	1012.52  Teacher quality; legislative findings; Florida
661	Educator Accomplished Practices.--
662	(3)  The State Board of Education shall adopt by rule the
663	Florida Educator Accomplished Practices, which shall form the
664	basis for the state's expectations for effective instructional
665	practice. The Commissioner of Education shall periodically
666	review the Florida Educator Accomplished Practices based on
667	contemporary educational research and analysis of student
668	performance data. The commissioner shall include input from
669	associations representing teachers, principals, superintendents,
670	and school boards when reviewing the Florida Educator
671	Accomplished Practices. Upon finalizing any resulting revisions
672	to the Florida Educator Accomplished Practices, the commissioner
673	shall submit the revised practices and supporting evaluation
674	information to the Governor, the President of the Senate, and
675	the Speaker of the House of Representatives at least 21 days
676	before the State Board of Education considers adoption of the
677	revised practices.
678	Section 15.  Subsection (1) and paragraphs (g) and (h) of
679	subsection (6) of section 1012.56, Florida Statutes, are
680	amended, paragraph (i) is added to subsection (6), and
681	subsection (18) is added to that section, to read:
682	1012.56  Educator certification requirements.--
683	(1)  APPLICATION.--Each person seeking certification
684	pursuant to this chapter shall submit a completed application
685	containing the applicant's social security number to the
686	Department of Education and remit the fee required pursuant to
687	s. 1012.59 and rules of the State Board of Education. Pursuant
688	to the federal Personal Responsibility and Work Opportunity
689	Reconciliation Act of 1996, each party is required to provide
690	his or her social security number in accordance with this
691	section. Disclosure of social security numbers obtained through
692	this requirement is limited to the purpose of administration of
693	the Title IV-D program of the Social Security Act for child
694	support enforcement. Pursuant to s. 120.60, the department shall
695	issue within 90 calendar days after the stamped receipted date
696	of the completed application:
697	(a)  If the applicant meets the requirements, a
698	professional certificate covering the classification, level, and
699	area for which the applicant is deemed qualified and a document
700	explaining the requirements for renewal of the professional
701	certificate;
702	(b)  If the applicant meets the requirements and if
703	requested by an employing school district or an employing
704	private school with a professional education competence
705	demonstration program pursuant to paragraphs (6)(f) (5)(f) and
706	(8)(b) (7)(b), a temporary certificate covering the
707	classification, level, and area for which the applicant is
708	deemed qualified and an official statement of status of
709	eligibility; or
710	(c)  If an applicant does not meet the requirements for
711	either certificate, an official statement of status of
712	eligibility.
713
714	The statement of status of eligibility must advise the applicant
715	of any qualifications that must be completed to qualify for
716	certification. Each statement of status of eligibility is valid
717	for 3 years after its date of issuance, except as provided in
718	paragraph (2)(d). For purposes of this section, the term
719	"private school" includes an approved Voluntary Prekindergarten
720	Education Program private prekindergarten provider.
721	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
722	COMPETENCE.--Acceptable means of demonstrating mastery of
723	professional preparation and education competence are:
724	(g)  Successful completion of a professional preparation
725	alternative certification and education competency program,
726	outlined in paragraph (8)(a) (7)(a); or
727	(h)  Successful completion of an alternative certification
728	program pursuant to s. 1004.85 and achievement of a passing
729	score on the professional education competency examination
730	required by rule of the State Board of Education; or
731	(i)  Successful completion of a professional education
732	training program provided by Teach for America and achievement
733	of a passing score on the professional education competency
734	examination required by rule of the State Board of Education.
735	(18)  MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL
736	ON EDUCATION TRANSCRIPTS; RULES.--The State Board of Education
737	may adopt rules that:
738	(a)  For purposes of demonstrating mastery of professional
739	preparation and education competence through the completion of
740	professional preparation courses as specified in state board
741	rule, allow a person to use his or her teaching experience as a
742	military instructor to verify occupational teaching experience
743	for the same number of years of instruction provided in one of
744	the branches of the United States Armed Forces.
745	(b)  For purposes of demonstrating the completion of
746	certification requirements specified in state board rule, allow
747	for the acceptance of college course credits recommended by the
748	American Council on Education (ACE), which are posted on an
749	official ACE transcript.
750	(c)  This subsection applies to credit for instruction
751	performed, or course credits awarded, prior to, on, and after
752	July 1, 2009.
753	Section 16.  Paragraph (h) of subsection (1) of section
754	1012.795, Florida Statutes, is amended to read:
755	1012.795  Education Practices Commission; authority to
756	discipline.--
757	(1)  The Education Practices Commission may suspend the
758	educator certificate of any person as defined in s. 1012.01(2)
759	or (3) for up to 5 years, thereby denying that person the right
760	to teach or otherwise be employed by a district school board or
761	public school in any capacity requiring direct contact with
762	students for that period of time, after which the holder may
763	return to teaching as provided in subsection (4); may revoke the
764	educator certificate of any person, thereby denying that person
765	the right to teach or otherwise be employed by a district school
766	board or public school in any capacity requiring direct contact
767	with students for up to 10 years, with reinstatement subject to
768	the provisions of subsection (4); may revoke permanently the
769	educator certificate of any person thereby denying that person
770	the right to teach or otherwise be employed by a district school
771	board or public school in any capacity requiring direct contact
772	with students; may suspend the educator certificate, upon an
773	order of the court or notice by the Department of Revenue
774	relating to the payment of child support; or may impose any
775	other penalty provided by law, if the person:
776	(h)  Has breached a contract, as provided in s. 1012.33(2)
777	or s. 1012.335(5).
778	Section 17.  Subsection (6) of section 1012.98, Florida
779	Statutes, is amended to read:
780	1012.98  School Community Professional Development Act.--
781	(6)  An organization of private schools which has no fewer
782	than 10 member schools in this state, which publishes and files
783	with the Department of Education copies of its standards, and
784	the member schools of which comply with the provisions of part
785	II of chapter 1003, relating to compulsory school attendance, or
786	an organization of approved Voluntary Prekindergarten Education
787	Program providers with no fewer than 10 members in this state,
788	may also develop a professional development system that includes
789	a master plan for inservice activities and a program for
790	demonstration of professional education competence under s.
791	1012.56. The professional development system and inservice plan
792	must be submitted to the commissioner for approval pursuant to
793	rules of the State Board of Education.
794	Section 18.  Section 1012.986, Florida Statutes, is amended
795	to read:
796	1012.986  William Cecil Golden Professional Development
797	Program for School Leaders.--
798	(1)  There is established the William Cecil Golden
799	Professional Development Program for School Leaders to provide
800	high standards and sustained support for principals as
801	instructional leaders. The program shall consist of a
802	collaborative network of state and national professional
803	leadership organizations to respond to instructional leadership
804	needs throughout the state.
805	(2)  The network shall support the human-resource
806	development needs of principals, principal leadership teams, and
807	candidates for principal leadership positions using the
808	framework of leadership standards adopted by the State Board of
809	Education, the Southern Regional Education Board, and the
810	National Staff Development Council. Leadership standards adopted
811	under this section must focus on instructional leadership and
812	include the ability to:
813	(a)  Identify and promote effective instruction.
814	(b)  Recruit and retain high-performing instructional
815	personnel.
816	(c)  Manage resources so as to maximize their use for
817	improving student achievement.
818	(3)  The goals goal of the network leadership program are
819	is to:
820	(a)  Provide resources to support and enhance the
821	principal's role as the instructional leader.
822	(b)  Maintain a clearinghouse and disseminate data-
823	supported information related to enhanced student achievement,
824	based on educational research and best practices.
825	(c)  Build the capacity to increase the quality of programs
826	for preservice education for aspiring principals and inservice
827	professional development for principals and principal leadership
828	teams.
829	(d)  Support best teaching and research-based instructional
830	practices through dissemination and modeling at the preservice
831	and inservice levels for both teachers and principals.
832	(4)(2)  The Department of Education shall coordinate
833	through the network identified in subsection (1) to offer the
834	program through multiple delivery systems, including:
835	(a)  Approved school district training programs.
836	(b)  Interactive technology-based instruction.
837	(c)  Regional consortium service organizations pursuant to
838	s. 1001.451.
839	(d)  State, regional, or local leadership academies.
840	(e)  State-approved educational leadership programs in
841	public and nonpublic colleges and universities.
842	(5)(3)  The State Board of Education shall adopt rules
843	pursuant to ss. 120.536(1) and 120.54 to administer this
844	section.
845	Section 19.  Paragraph (g) of subsection (3) of section
846	1012.33, Florida Statutes, is repealed.
847	Section 20.  This act shall take effect upon becoming a
848	law.

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