Florida Senate - 2009 SB 1920
By Senator Detert
23-01054-09 20091920__
1 A bill to be entitled
2 An act relating to educator certification; amending s.
3 39.202, F.S.; revising provisions relating to reports
4 and records in cases of child abuse or neglect;
5 requiring that employees or agents of the Department
6 of Education who are responsible for the investigation
7 or prosecution of misconduct by certified educators be
8 granted access to such records; amending s. 1002.55,
9 F.S.; requiring that a prekindergarten instructor
10 complete a training course provided by the department
11 which emphasizes the standards under the Voluntary
12 Education Prekindergarten Program; amending s.
13 1002.61, F.S.; revising the requirements for a
14 prekindergarten instructor who is employed by a public
15 school or private prekindergarten provider delivering
16 a summer prekindergarten program; amending s. 1012.34,
17 F.S.; revising provisions relating to the state
18 appraisal system for increasing student achievement by
19 improving the quality of instructional,
20 administrative, and supervisory services in public
21 schools; revising the conditions and criteria for the
22 appraisal system; amending s. 1012.52, F.S.; requiring
23 that the State Board of Education adopt rules
24 incorporating the Florida Educator Accomplished
25 Practices; requiring that the Commissioner of
26 Education periodically review the educator
27 accomplished practices; requiring that the
28 commissioner submit proposed revisions to the
29 educator-accomplished practices to the Governor and
30 the Legislature within a specified period; amending s.
31 1012.56, F.S.; revising provisions relating to the
32 professional preparation alternative certification and
33 education competency program; authorizing the State
34 Board of Education to adopt rules establishing
35 requirements for educator competency and
36 certification; amending s. 1012.98, F.S.; revising
37 provisions relating to the School Community
38 Professional Development Act to conform to changes
39 made by the act; amending s. 1012.986, F.S.; providing
40 guidelines for instructional leadership standards
41 under the William Cecil Golden Professional
42 Development Program for School Leaders; providing an
43 effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Present paragraph (q) of subsection (2) of
48 section 39.202, Florida Statutes, is redesignated as paragraph
49 (r), and a new paragraph (q) is added to that section, to read:
50 39.202 Confidentiality of reports and records in cases of
51 child abuse or neglect.—
52 (2) Except as provided in subsection (4), access to such
53 records, excluding the name of the reporter which shall be
54 released only as provided in subsection (5), shall be granted
55 only to the following persons, officials, and agencies:
56 (q) Employees or agents of the Department of Education who
57 are responsible for the investigation or prosecution of
58 misconduct by certified educators.
59 Section 2. Paragraph (c) of subsection (3) and subsection
60 (4) of section 1002.55, Florida Statutes, are amended to read:
61 1002.55 School-year prekindergarten program delivered by
62 private prekindergarten providers.—
63 (3) To be eligible to deliver the prekindergarten program,
64 a private prekindergarten provider must meet each of the
65 following requirements:
66 (c) The private prekindergarten provider must have, for
67 each prekindergarten class, at least one prekindergarten
68 instructor who meets each of the following requirements:
69 1. The prekindergarten instructor must hold, at a minimum,
70 one of the following credentials:
71 a. A child development associate credential issued by the
72 National Credentialing Program of the Council for Professional
73 Recognition; or
74 b. A credential approved by the Department of Children and
75 Family Services as being equivalent to or greater than the
76 credential described in sub-subparagraph a.
77 The Department of Children and Family Services may adopt rules
78 under ss. 120.536(1) and 120.54 which provide criteria and
79 procedures for approving equivalent credentials under sub
80 subparagraph b.
81 2. The prekindergarten instructor must successfully
82 complete:
83 a. An emergent literacy training course approved by the
84 department as meeting or exceeding the minimum standards adopted
85 under s. 1002.59. This requirement subparagraph does not apply
86 to a prekindergarten instructor who successfully completes
87 approved training in early literacy and language development
88 under s. 402.305(2)(d)5., s. 402.313(6), or s. 402.3131(5)
89 before the establishment of one or more emergent literacy
90 training courses under s. 1002.59 or April 1, 2005, whichever
91 occurs later; and.
92 b. A training course provided by the department which
93 emphasizes the standards under the Voluntary Prekindergarten
94 Education Program, regardless of whether the prekindergarten
95 instructor holds any of the educational credentials listed in
96 subsection (4).
97 (4) A prekindergarten instructor, in lieu of the minimum
98 credentials and courses required under subparagraph (3)(c)1. and
99 sub-subparagraph (3)(c)2.a. paragraph (3)(c), may hold one of
100 the following educational credentials:
101 (a) A bachelor's or higher degree in early childhood
102 education, prekindergarten or primary education, preschool
103 education, or family and consumer science;
104 (b) A bachelor's or higher degree in elementary education,
105 if the prekindergarten instructor has been certified to teach
106 children any age from birth through 6th grade, regardless of
107 whether the instructor's educator certificate is current, and if
108 the instructor is not ineligible to teach in a public school
109 because his or her educator certificate is suspended or revoked;
110 (c) An associate's or higher degree in child development;
111 (d) An associate's or higher degree in an unrelated field,
112 at least 6 credit hours in early childhood education or child
113 development, and at least 480 hours of experience in teaching or
114 providing child care services for children any age from birth
115 through 8 years of age; or
116 (e) An educational credential approved by the department as
117 being equivalent to or greater than an educational credential
118 described in this subsection. The department may adopt criteria
119 and procedures for approving equivalent educational credentials
120 under this paragraph.
121 Section 3. Subsection (4) of section 1002.61, Florida
122 Statutes, as amended by section 5 of chapter 2009-3, Laws of
123 Florida, is amended to read:
124 1002.61 Summer prekindergarten program delivered by public
125 schools and private prekindergarten providers.—
126 (4) Notwithstanding ss. 1002.55(3)(c)1. and 1002.63(4),
127 each public school and private prekindergarten provider must
128 have, for each prekindergarten class, at least one
129 prekindergarten instructor who has successfully completed a
130 Voluntary Prekindergarten Education Program training course
131 provided by the department and:
132 (a) Is a certified teacher; or
133 (b) Holds one of the educational credentials specified in
134 s. 1002.55(4)(a) or (b).
135 As used in this subsection, the term “certified teacher” means a
136 teacher holding a valid Florida educator certificate under s.
137 1012.56 who has the qualifications required by the district
138 school board to instruct students in the summer prekindergarten
139 program. In selecting instructional staff for the summer
140 prekindergarten program, each school district shall give
141 priority to teachers who have experience or coursework in early
142 childhood education.
143 Section 4. Section 1012.34, Florida Statutes, is amended to
144 read:
145 1012.34 Appraisal Assessment procedures and criteria.—
146 (1) For the purpose of increasing student achievement by
147 improving the quality of instructional, administrative, and
148 supervisory services in the public schools of the state, the
149 district school superintendent shall establish procedures for
150 evaluating assessing the performance of duties and
151 responsibilities of all instructional, administrative, and
152 supervisory personnel employed by the school district. The
153 Department of Education must approve each district's
154 instructional personnel appraisal assessment system.
155 (2) The following conditions must be considered in the
156 design of the district's instructional personnel appraisal
157 assessment system:
158 (a) The system must be designed to support district and
159 school level improvement plans.
160 (b) The system must provide appropriate instruments,
161 procedures, and criteria for continuous quality improvement of
162 the professional skills of instructional personnel.
163 (c) The system must include a mechanism to give parents an
164 opportunity to provide input into employee performance
165 appraisals assessments when appropriate.
166 (d) In addition to addressing generic teaching
167 competencies, districts must determine those teaching fields for
168 which special procedures and criteria will be developed,
169 including a process for determining professional education
170 competence of a teacher who holds a temporary certificate as
171 required under s. 1012.56.
172 (e) Each district school board may establish a peer
173 assistance process. The plan may provide a mechanism for
174 assistance of persons who are placed on performance probation as
175 well as offer assistance to other employees who request it.
176 (f) Each The district school board shall provide training
177 programs that are based upon guidelines provided by the
178 Department of Education to ensure that all individuals who have
179 with evaluation responsibilities understand the proper use of
180 the appraisal assessment criteria and procedures.
181 (g) The system must include a process for monitoring the
182 effective and consistent use of appraisal criteria by
183 supervisors and administrators and evaluating the effectiveness
184 of the system in improving the level of instruction and learning
185 in the district’s schools.
186 (3) The appraisal assessment procedure for instructional
187 personnel and school administrators must be primarily based on
188 the performance of students assigned to their classrooms or
189 schools, as appropriate. Pursuant to this section, a school
190 district's performance appraisal assessment is not limited to
191 basing unsatisfactory performance of instructional personnel and
192 school administrators upon student performance, but may include
193 other criteria approved to evaluate assess instructional
194 personnel and school administrators' performance, or any
195 combination of student performance and other approved criteria.
196 The procedures must comply with, but are not limited to, the
197 following requirements:
198 (a) An appraisal assessment must be conducted for each
199 employee at least once a year. The appraisal assessment must be
200 based upon sound educational principles and contemporary
201 research in effective educational practices. The assessment must
202 primarily use data and indicators of improvement in student
203 performance assessed annually as specified in s. 1008.22 and may
204 consider results of peer reviews in evaluating the employee's
205 performance. Student performance must be measured by state
206 assessments required under s. 1008.22 and by local assessments
207 for subjects and grade levels not measured by the state
208 assessment program. The appraisal assessment criteria must
209 include, but are not limited to, indicators that relate to the
210 following:
211 1. Data and indicators demonstrating an improvement in
212 student performance as specified in s. 1008.22, including
213 district-determined assessments for subjects and grade levels
214 that are not measured by the state assessment system;
215 2. Educator-accomplished practices adopted by the State
216 Board of Education under s. 1012.52;
217 3. Instructional leadership standards adopted by the State
218 Board of Education under s. 1012.986 for school-based
219 administrators; and
220 4. Professional responsibilities and employment
221 requirements as established by the State Board of Education and
222 the policies of the district school board.
223 1. Performance of students.
224 2. Ability to maintain appropriate discipline.
225 3. Knowledge of subject matter. The district school board
226 shall make special provisions for evaluating teachers who are
227 assigned to teach out-of-field.
228 4. Ability to plan and deliver instruction and the use of
229 technology in the classroom.
230 5. Ability to evaluate instructional needs.
231 6. Ability to establish and maintain a positive
232 collaborative relationship with students' families to increase
233 student achievement.
234 7. Other professional competencies, responsibilities, and
235 requirements as established by rules of the State Board of
236 Education and policies of the district school board.
237 (b) All personnel must be fully informed of the criteria
238 and procedures associated with the appraisal assessment process
239 before the appraisal assessment takes place.
240 (c) The individual responsible for supervising the employee
241 must evaluate assess the employee's performance. The evaluator
242 must submit a written report of the appraisal assessment to the
243 district school superintendent for the purpose of reviewing the
244 employee's contract. The evaluator must submit the written
245 report to the employee no later than 10 days after the appraisal
246 assessment takes place. The evaluator must discuss the written
247 report of appraisal assessment with the employee. The employee
248 shall have the right to initiate a written response to the
249 appraisal assessment, and the response shall become a permanent
250 attachment to his or her personnel file.
251 (d) If an employee is not performing his or her duties in a
252 satisfactory manner, the evaluator shall notify the employee in
253 writing of such determination. The notice must describe such
254 unsatisfactory performance and include notice of the following
255 procedural requirements:
256 1. Upon delivery of a notice of unsatisfactory performance,
257 the evaluator must confer with the employee, make
258 recommendations with respect to specific areas of unsatisfactory
259 performance, and provide assistance in helping to correct
260 deficiencies within a prescribed period of time.
261 2.a. If the employee holds a professional service contract
262 as provided in s. 1012.33, the employee shall be placed on
263 performance probation and governed by the provisions of this
264 section for 90 calendar days following the receipt of the notice
265 of unsatisfactory performance to demonstrate corrective action.
266 School holidays and school vacation periods are not counted when
267 calculating the 90-calendar-day period. During the 90 calendar
268 days, the employee who holds a professional service contract
269 must be evaluated periodically and apprised of progress achieved
270 and must be provided assistance and inservice training
271 opportunities to help correct the noted performance
272 deficiencies. At any time during the 90 calendar days, the
273 employee who holds a professional service contract may request a
274 transfer to another appropriate position with a different
275 supervising administrator; however, a transfer does not extend
276 the period for correcting performance deficiencies.
277 b. Within 14 days after the close of the 90 calendar days,
278 the evaluator must evaluate assess whether the performance
279 deficiencies have been corrected and forward a recommendation to
280 the district school superintendent. Within 14 days after
281 receiving the evaluator's recommendation, the district school
282 superintendent must notify the employee who holds a professional
283 service contract in writing whether the performance deficiencies
284 have been satisfactorily corrected and whether the district
285 school superintendent will recommend that the district school
286 board continue or terminate his or her employment contract. If
287 the employee wishes to contest the district school
288 superintendent's recommendation, the employee must, within 15
289 days after receipt of the district school superintendent's
290 recommendation, submit a written request for a hearing. The
291 hearing shall be conducted at the district school board's
292 election in accordance with one of the following procedures:
293 (I) A direct hearing conducted by the district school board
294 within 60 days after receipt of the written appeal. The hearing
295 shall be conducted in accordance with the provisions of ss.
296 120.569 and 120.57. A majority vote of the membership of the
297 district school board shall be required to sustain the district
298 school superintendent's recommendation. The determination of the
299 district school board shall be final as to the sufficiency or
300 insufficiency of the grounds for termination of employment; or
301 (II) A hearing conducted by an administrative law judge
302 assigned by the Division of Administrative Hearings of the
303 Department of Management Services. The hearing shall be
304 conducted within 60 days after receipt of the written appeal in
305 accordance with chapter 120. The recommendation of the
306 administrative law judge shall be made to the district school
307 board. A majority vote of the membership of the district school
308 board shall be required to sustain or change the administrative
309 law judge's recommendation. The determination of the district
310 school board shall be final as to the sufficiency or
311 insufficiency of the grounds for termination of employment.
312 (4) The district school superintendent shall notify the
313 department of any instructional personnel who receive two
314 consecutive unsatisfactory evaluations and who have been given
315 written notice by the district that their employment is being
316 terminated or is not being renewed or that the district school
317 board intends to terminate, or not renew, their employment. The
318 department shall conduct an investigation to determine whether
319 action shall be taken against the certificateholder pursuant to
320 s. 1012.795 s. 1012.795(1)(c).
321 (5) The district school superintendent shall develop a
322 mechanism for evaluating the effective use of assessment
323 criteria and evaluation procedures by administrators who are
324 assigned responsibility for evaluating the performance of
325 instructional personnel. The use of the assessment and
326 evaluation procedures shall be considered as part of the annual
327 assessment of the administrator's performance. The system must
328 include a mechanism to give parents and teachers an opportunity
329 to provide input into the administrator's performance
330 assessment, when appropriate.
331 (5)(6) Nothing in This section does not shall be construed
332 to grant a probationary employee a right to continued employment
333 beyond the term of his or her contract.
334 (6)(7) The district school board shall establish a
335 procedure annually reviewing instructional personnel appraisal
336 assessment systems to determine compliance with this section.
337 All substantial revisions to an approved system must be reviewed
338 and approved by the district school board before being used to
339 evaluate assess instructional personnel. Upon request by a
340 school district, the department shall provide assistance in
341 developing, improving, or reviewing an appraisal assessment
342 system.
343 (7)(8) The State Board of Education shall adopt rules
344 pursuant to ss. 120.536(1) and 120.54 which, that establish
345 uniform guidelines for the submission, review, and approval of
346 district procedures for the annual appraisal assessment of
347 instructional personnel and that include criteria for evaluating
348 professional performance.
349 Section 5. Subsection (3) is added to section 1012.52,
350 Florida Statutes, to read:
351 1012.52 Teacher quality; legislative findings.—
352 (3) The State Board of Education shall adopt rules
353 incorporating the Florida Educator Accomplished Practices on
354 which the state shall base its expectations for effective
355 instructional practice. The Commissioner of Education shall
356 periodically review the educator-accomplished practices based on
357 contemporary educational research and analysis of student
358 performance data. The commissioner shall submit any proposed
359 revisions to the educator-accomplished practices and supporting
360 documentation to the Governor, the President of the Senate, and
361 the Speaker of the House of Representatives at least 21 days
362 before the State Board of Education considers the proposed
363 revisions for adoption.
364 Section 6. Paragraph (b) of subsection (8) of section
365 1012.56, Florida Statutes, is amended, and subsection (18) is
366 added to that section, to read:
367 1012.56 Educator certification requirements.—
368 (8) PROFESSIONAL PREPARATION ALTERNATIVE CERTIFICATION AND
369 EDUCATION COMPETENCY PROGRAM.—
370 (b) Each school district must and a state supported public
371 school or a private school may develop and maintain a system by
372 which members of the instructional staff may demonstrate mastery
373 of professional education competence as required by law. Each
374 program must be based on classroom application and instructional
375 performance and must include a performance evaluation plan for
376 documenting the demonstration of required professional education
377 competence. For purposes of this subsection, a private school
378 includes a private prekindergarten provider eligible to deliver
379 the Voluntary Prekindergarten Education Program.
380 (18) RULES.—The State Board of Education may adopt rules
381 that:
382 (a) For purposes of demonstrating mastery of professional
383 preparation and education competence through the completion of
384 professional preparation courses as specified in state board
385 rule, allow a person to use his or her teaching experience as a
386 military instructor to verify occupational teaching experience
387 for the same number of years of instruction provided in one of
388 the branches of the United States Armed Forces; and
389 (b) For purposes of demonstrating the completion of
390 certification requirements specified in state board rule, allow
391 for the acceptance of college course credits recommended by the
392 American Council on Education (ACE), which are posted on an
393 official ACE transcript.
394 This subsection applies to credit for instruction or course
395 credits awarded before July 1, 2009.
396 Section 7. Subsection (6) of section 1012.98, Florida
397 Statutes, is amended to read:
398 1012.98 School Community Professional Development Act.—
399 (6) An organization of private schools which has no fewer
400 than 10 member schools in the this state, which publishes and
401 files with the Department of Education copies of its standards,
402 and the member schools of which comply with the provisions of
403 part II of chapter 1003, relating to compulsory school
404 attendance, or an organization of private prekindergarten
405 providers eligible to deliver the Voluntary Prekindergarten
406 Education Program which has no fewer than 10 members in the
407 state may also develop a professional development system that
408 includes a master plan for inservice activities and a program
409 for demonstrating professional education competence under s.
410 1012.56. The professional development system and inservice plan
411 must be submitted to the commissioner for approval pursuant to
412 rules of the State Board of Education.
413 Section 8. Section 1012.986, Florida Statutes, is amended
414 to read:
415 1012.986 William Cecil Golden Professional Development
416 Program for School Leaders.—
417 (1) There is established the William Cecil Golden
418 Professional Development Program for School Leaders to provide
419 high standards and sustained support for principals as
420 instructional leaders. The program shall consist of a
421 collaborative network of state and national professional
422 leadership organizations to respond to instructional leadership
423 needs throughout the state.
424 (2) The network shall support the human-resource
425 development needs of principals, principal leadership teams, and
426 candidates for principal leadership positions using the
427 framework of leadership standards adopted by the State Board of
428 Education, the Southern Regional Education Board, and the
429 National Staff Development Council. The leadership standards
430 adopted under this section must focus on instructional
431 leadership and include the ability to:
432 (a) Identify and promote effective instruction;
433 (b) Recruit and retain high-performing teachers and other
434 school staff; and
435 (c) Manage resources to maximize the use of such standards
436 for improving student achievement.
437 (3) The goals goal of the network leadership program are is
438 to:
439 (a) Provide resources to support and enhance the
440 principal's role as the instructional leader.
441 (b) Maintain a clearinghouse and disseminate data-supported
442 information related to enhanced student achievement, based on
443 educational research and best practices.
444 (c) Build the capacity to increase the quality of programs
445 for preservice education for aspiring principals and inservice
446 professional development for principals and principal leadership
447 teams.
448 (d) Support best teaching and research-based instructional
449 practices through dissemination and modeling at the preservice
450 and inservice levels for both teachers and principals.
451 (4)(2) The Department of Education shall coordinate through
452 the network identified in subsection (1) to offer the program
453 through multiple delivery systems, including:
454 (a) Approved school district training programs.
455 (b) Interactive technology-based instruction.
456 (c) Regional consortium service organizations pursuant to
457 s. 1001.451.
458 (d) State, regional, or local leadership academies.
459 (e) State-approved educational leadership programs in
460 public and private colleges and universities.
461 (5)(3) The State Board of Education shall adopt rules
462 pursuant to ss. 120.536(1) and 120.54 to administer this
463 section.
464 Section 9. This act shall take effect July 1, 2009.