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

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