Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2458
Barcode 262762
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2009 .
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The Committee on Education Pre-K - 12 (Wise) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Quality Teachers
6 for All Students Act.”
7 Section 2. Paragraph (r) is added to subsection (2) of
8 section 39.202, Florida Statutes, to read:
9 39.202 Confidentiality of reports and records in cases of
10 child abuse or neglect.—
11 (2) Except as provided in subsection (4), access to such
12 records, excluding the name of the reporter which shall be
13 released only as provided in subsection (5), shall be granted
14 only to the following persons, officials, and agencies:
15 (r) Employees or agents of the Department of Education and
16 district school board employees responsible for the
17 investigation or prosecution of misconduct by certified
18 educators.
19 Section 3. Paragraph (i) of subsection (1) of section
20 120.81, Florida Statutes, is amended to read:
21 120.81 Exceptions and special requirements; general areas.—
22 (1) EDUCATIONAL UNITS.—
23 (i) For purposes of s. 120.68, a district school board
24 whose decision is reviewed under the provisions of s. 1012.33 or
25 s. 1012.335 and whose final action is modified by a superior
26 administrative decision shall be a party entitled to judicial
27 review of the final action.
28 Section 4. Paragraph (g) of subsection (7) of section
29 1002.36, Florida Statutes, is amended to read:
30 1002.36 Florida School for the Deaf and the Blind.—
31 (7) PERSONNEL SCREENING.—
32 (g) For purposes of protecting the health, safety, or
33 welfare of students, the Florida School for the Deaf and the
34 Blind is considered a school district and must, except as
35 otherwise provided in this section, comply with ss. 1001.03,
36 1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
37 1012.335, 1012.34, 1012.56, 1012.795, and 1012.796.
38 Section 5. Paragraph (a) of subsection (2) of section
39 1003.62, Florida Statutes, is amended to read:
40 1003.62 Academic performance-based charter school
41 districts.—The State Board of Education may enter into a
42 performance contract with district school boards as authorized
43 in this section for the purpose of establishing them as academic
44 performance-based charter school districts. The purpose of this
45 section is to examine a new relationship between the State Board
46 of Education and district school boards that will produce
47 significant improvements in student achievement, while complying
48 with constitutional and statutory requirements assigned to each
49 entity.
50 (2) EXEMPTION FROM STATUTES AND RULES.—
51 (a) An academic performance-based charter school district
52 shall operate in accordance with its charter and shall be exempt
53 from certain State Board of Education rules and statutes if the
54 State Board of Education determines such an exemption will
55 assist the district in maintaining or improving its high
56 performing status pursuant to paragraph (1)(a). However, the
57 State Board of Education may not exempt an academic performance
58 based charter school district from any of the following
59 statutes:
60 1. Those statutes pertaining to the provision of services
61 to students with disabilities.
62 2. Those statutes pertaining to civil rights, including s.
63 1000.05, relating to discrimination.
64 3. Those statutes pertaining to student health, safety, and
65 welfare.
66 4. Those statutes governing the election or compensation of
67 district school board members.
68 5. Those statutes pertaining to the student assessment
69 program and the school grading system, including chapter 1008.
70 6. Those statutes pertaining to financial matters,
71 including chapter 1010.
72 7. Those statutes pertaining to planning and budgeting,
73 including chapter 1011, except that ss. 1011.64 and 1011.69
74 shall be eligible for exemption.
75 8. Sections 1012.22(1)(c) and 1012.27(2), relating to
76 differentiated pay and performance-pay policies for school
77 administrators and instructional personnel. Professional service
78 contracts shall be subject to the provisions of ss. 1012.33 and
79 1012.34. Professional performance contracts shall be subject to
80 the provisions of ss. 1012.335 and 1012.34.
81 9. Those statutes pertaining to educational facilities,
82 including chapter 1013, except as specified under contract with
83 the State Board of Education. However, no contractual provision
84 that could have the effect of requiring the appropriation of
85 additional capital outlay funds to the academic performance
86 based charter school district shall be valid.
87 Section 6. Paragraph (h) of subsection (2) of section
88 1003.621, Florida Statutes, is amended to read:
89 1003.621 Academically high-performing school districts.—It
90 is the intent of the Legislature to recognize and reward school
91 districts that demonstrate the ability to consistently maintain
92 or improve their high-performing status. The purpose of this
93 section is to provide high-performing school districts with
94 flexibility in meeting the specific requirements in statute and
95 rules of the State Board of Education.
96 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
97 high-performing school district shall comply with all of the
98 provisions in chapters 1000-1013, and rules of the State Board
99 of Education which implement these provisions, pertaining to the
100 following:
101 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
102 differentiated pay and performance-pay policies for school
103 administrators and instructional personnel. Professional service
104 contracts are subject to the provisions of ss. 1012.33 and
105 1012.34. Professional performance contracts are subject to the
106 provisions of ss. 1012.335 and 1012.34.
107 Section 7. Subsection (13) of section 1004.04, Florida
108 Statutes, is renumbered as subsection (14), and a new subsection
109 (13) is added to that section to read:
110 1004.04 Public accountability and state approval for
111 teacher preparation programs.—
112 (13) REPORT.—By March 1, 2010, and biennially thereafter,
113 the Department of Education shall report to the State Board of
114 Education on the effectiveness of the graduates of state
115 approved teacher preparation programs. The report shall include
116 an analysis of the public school student learning gains on
117 statewide assessments, pursuant to s. 1008.22, by students who
118 were taught by graduates of each state-approved teacher
119 preparation program.
120 Section 8. Subsections (2) and (6) of section 1012.21,
121 Florida Statutes, are amended to read:
122 1012.21 Department of Education duties; K-12 personnel.—
123 (2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT
124 WAS TERMINATED.—
125 (a) The Department of Education shall establish a computer
126 database containing the names of persons whose employment is
127 terminated under s. 1012.33(1)(a) or (4)(c) or under s.
128 1012.335(6) or (7), which information shall be available to the
129 district school superintendents and their designees.
130 (b) Each district school superintendent shall report to the
131 Department of Education the name of any person terminated under
132 s. 1012.33(1)(a) or (4)(c) or under s. 1012.335(6) or (7) within
133 10 working days after the date of final action by the district
134 school board on the termination, and the department shall
135 immediately enter the information in the computer records.
136 (6) REPORTING.—The Department of Education shall annually:
137 (a) Post online links to each school district’s collective
138 bargaining contracts and the salary and benefits of the
139 personnel or officers of any educator association which were
140 paid by the school district pursuant to s. 1012.22.
141 (b) Notify the President of the Senate and the Speaker of
142 the House of Representatives of any school district that does
143 not comply with the requirements of s. 1012.22(1)(c).
144 (c) Report to the State Board of Education by school
145 district the number of classroom teachers whose students’
146 declining academic performance indicates educational
147 insufficiency. The State Board of Education shall adopt rules to
148 define educational insufficiency, which shall be based upon
149 multiyear, objective data on declines in student performance. At
150 a minimum, the State Board’s rules shall be based upon 3 years
151 of data showing at least a majority of the students taught by
152 the teacher showing a lack of progress.
153 (d) Report to the State Board of Education by school
154 district the number of dismissals initiated based on educational
155 insufficiency as defined by state board rule and the number of
156 the initiated dismissals that resulted in termination of
157 classroom teachers.
158 Section 9. Paragraph (c) of subsection (1) of section
159 1012.22, Florida Statutes, is amended to read:
160 1012.22 Public school personnel; powers and duties of the
161 district school board.—The district school board shall:
162 (1) Designate positions to be filled, prescribe
163 qualifications for those positions, and provide for the
164 appointment, compensation, promotion, suspension, and dismissal
165 of employees as follows, subject to the requirements of this
166 chapter:
167 (c) Compensation and salary schedules.—
168 1. The district school board shall adopt a salary schedule
169 or salary schedules designed to furnish incentives for
170 improvement in training and for continued efficient service to
171 be used as a basis for paying all school employees and fix and
172 authorize the compensation of school employees on the basis
173 thereof.
174 1. 2. A district school board, in determining the salary
175 schedule for instructional personnel, must base a portion of
176 each employee’s compensation on performance demonstrated under
177 s. 1012.34, must consider the prior teaching experience of a
178 person who has been designated state teacher of the year by any
179 state in the United States, and must consider prior professional
180 experience in the field of education gained in positions in
181 addition to district level instructional and administrative
182 positions.
183 2.3. In developing the salary schedule, the district school
184 board shall seek input from parents, teachers, and
185 representatives of the business community.
186 3.4. Beginning with the 2007-2008 academic year, Each
187 district school board shall adopt a salary schedule with
188 differentiated pay for both instructional personnel and school
189 based administrators. The salary schedule is subject to
190 negotiation as provided in chapter 447 and must allow
191 differentiated pay based on district-determined factors,
192 including, but not limited to, additional responsibilities,
193 school demographics, critical shortage areas, and level of job
194 performance difficulties. Each district school board shall
195 annually report to the Department of Education on its adopted
196 differentiated pay policy in the manner and format prescribed by
197 the department.
198
199 The State Board of Education shall adopt rules pursuant to ss.
200 120.536(1) and 120.54 to implement this paragraph. Such rules
201 shall include compliance requirements for district salary
202 schedules regarding individual performance and differentiated
203 pay, reporting formats, and procedures for review of salary
204 schedules.
205 Section 10. Subsection (5) of section 1012.2315, Florida
206 Statutes, is amended to read:
207 1012.2315 Assignment of teachers.—
208 (5) REPORT.—The Department of Education shall annually:
209 (a) Post on its Internet website the percentage of
210 classroom teachers by school who are first-time teachers,
211 temporarily certified teachers, teachers in need of improvement,
212 or out-of-field teachers.
213 (b) Report to the President of the Senate and the Speaker
214 of the House of Representatives any school district that does
215 not comply with this section. Schools graded “D” or “F” shall
216 annually report their teacher-retention rate. Included in this
217 report shall be reasons listed for leaving by each teacher who
218 left the school for any reason.
219 Section 11. Subsection (3) of section 1012.28, Florida
220 Statutes, is amended to read:
221 1012.28 Public school personnel; duties of school
222 principals.—
223 (3) Each school principal is responsible for the
224 performance of all personnel employed by the district school
225 board and assigned to the school to which the principal is
226 assigned. The school principal shall faithfully and effectively
227 apply the personnel appraisal assessment system approved by the
228 district school board pursuant to s. 1012.34.
229 Section 12. Section 1012.335, Florida Statutes, is created
230 to read:
231 1012.335 Contracts with classroom teachers hired on or
232 after July 1, 2009.—
233 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
234 to ensure that every student has a high-quality teacher in his
235 or her classroom.
236 (2) FINDINGS.—The Legislature finds that:
237 (a) The quality of the classroom teacher is the single most
238 important factor impacting the quality of education in the
239 state’s public school classrooms.
240 (b) An effective classroom teacher can produce student
241 learning gains far greater than those of an ineffective
242 classroom teacher.
243 (c) An effective classroom teacher can increase student
244 learning and thereby provide the student with the potential for
245 greater future success and higher income over a lifetime.
246 (d) District school boards need flexibility to recruit and
247 retain high-quality classroom teachers.
248 (3) DEFINITIONS.—
249 (a) “Annual contract” means a contract for a period of no
250 longer than 1 school year which the district school board can
251 choose to renew or not renew without cause.
252 (b) “Classroom teacher” means the same as classroom teacher
253 as defined in s. 1012.01(2)(a), excluding substitute teachers.
254 (c) “Probationary contract” means a contract for a period
255 of no longer than 1 school year in which a classroom teacher may
256 be dismissed without cause or may resign from the contractual
257 position without breach of contract.
258 (d) “Professional performance contract” means a contract
259 for a period of no longer than 5 school years which the district
260 school board can choose to renew or not renew without cause.
261 (4) EMPLOYMENT.—
262 (a) Beginning July 1, 2009, each person newly hired as a
263 classroom teacher by a Florida school district shall receive a
264 probationary contract.
265 (b) Classroom teachers are eligible for an annual contract
266 after successful completion of the term of a probationary
267 contract. No classroom teacher shall receive more than 7
268 consecutive annual contracts.
269 (c) Classroom teachers are eligible for a professional
270 performance contract after completion of no fewer than 5 annual
271 contracts in the same school district during a period not in
272 excess of 7 successive years, except for leave duly authorized
273 and granted. A professional performance contract may only be
274 offered by a district school board to a classroom teacher:
275 1. Who holds a professional certificate as prescribed by s.
276 1012.56 and rules of the State Board of Education.
277 2. Who has been recommended by the district school
278 superintendent for such contract and approved by the district
279 school board based on the successful performance of duties and
280 demonstration of professional competence.
281 3. Whose performance is satisfactory after a cumulative
282 review of the teacher’s effectiveness in the classroom based on
283 objective student learning gains.
284 (d) A district school board may issue a professional
285 performance contract on or after July 1, 2009, to any classroom
286 teacher who has previously held a professional performance
287 contract, a professional service contract, or a continuing
288 contract in the same or another school district within this
289 state. Any classroom teacher who holds a professional service
290 contract or a continuing contract may, but is not required to,
291 exchange such contract for a professional performance contract
292 in the same district.
293 (5) VIOLATION OF CONTRACT.—Any classroom teacher who is
294 employed on the basis of a written offer of a specific position
295 by a duly authorized agent of the district school board for a
296 stated term of service at a specified salary, who accepted such
297 offer in writing or by signing the regular contract form, and
298 who violates the terms of such contract or agreement by leaving
299 his or her position without first being released from his or her
300 contract or agreement by the district school board of the
301 district in which the classroom teacher is employed shall be
302 subject to the jurisdiction of the Education Practices
303 Commission. The district school board shall take official action
304 on such violation and shall furnish a copy of its official
305 minutes to the Commissioner of Education.
306 (6) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
307 CONTRACT.—Any classroom teacher with an annual contract may be
308 suspended or dismissed at any time during the term of the
309 contract for just cause as provided in subsection (8). The
310 district school board must notify the classroom teacher in
311 writing whenever charges are made against the classroom teacher
312 and may suspend such person without pay. However, if the charges
313 are not sustained, the classroom teacher shall be immediately
314 reinstated and his or her back salary shall be paid.
315 (7) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
316 PROFESSIONAL PERFORMANCE CONTRACT.—Any classroom teacher with a
317 professional performance contract may be suspended or dismissed
318 at any time during the term of the contract for just cause as
319 provided in subsection (8). The district school board must
320 notify the classroom teacher in writing whenever charges are
321 made against the classroom teacher and may suspend such person
322 without pay. However, if the charges are not sustained, the
323 classroom teacher shall be immediately reinstated and his or her
324 back salary shall be paid. If the classroom teacher wishes to
325 contest the charges, the classroom teacher must, within 15 days
326 after receipt of the written notice, submit a written request
327 for a hearing to the district school board. Such hearing shall
328 be conducted at the district school board’s election in
329 accordance with one of the following procedures:
330 (a) A direct hearing conducted by the district school board
331 within 60 days after receipt of the written appeal. The hearing
332 shall be conducted in accordance with the provisions of ss.
333 120.569 and 120.57. A majority vote of the membership of the
334 district school board shall be required to sustain the district
335 school superintendent’s recommendation. The determination of the
336 district school board shall be final as to the sufficiency or
337 insufficiency of the grounds for termination of employment; or
338 (b) A hearing conducted by an administrative law judge
339 assigned by the Division of Administrative Hearings of the
340 Department of Management Services. The hearing shall be
341 conducted within 60 days after receipt of the written appeal in
342 accordance with chapter 120. The recommendation of the
343 administrative law judge shall be made to the district school
344 board. A majority vote of the membership of the district school
345 board shall be required to sustain or change the administrative
346 law judge’s recommendation. The determination of the district
347 school board shall be final as to the sufficiency or
348 insufficiency of the grounds for termination of employment.
349
350 Any such decision adverse to the classroom teacher may be
351 appealed by the classroom teacher pursuant to s. 120.68 if the
352 appeal is filed within 30 days after the decision of the
353 district school board.
354 (8) JUST CAUSE.—The State Board of Education shall adopt
355 rules to define just cause. Just cause includes, but is not
356 limited to:
357 (a) Immorality.
358 (b) Misconduct in office.
359 (c) Incompetency.
360 (d) Gross insubordination.
361 (e) Willful neglect of duty.
362 (f) Being convicted or found guilty of, or entering a plea
363 of guilty to, regardless of adjudication of guilt, any crime
364 involving moral turpitude.
365 (g) Educational insufficiency.
366
367 The rules shall include a definition of educational
368 insufficiency that is based upon multiyear, objective data on
369 declines in student performance. At a minimum, the State Board’s
370 rule shall be based upon 3 years of data showing at least a
371 majority of the students taught by the teacher showing a lack of
372 progress.
373 Section 13. Section 1012.34, Florida Statutes, is amended
374 to read:
375 1012.34 Appraisal Assessment procedures and criteria.—
376 (1) For the purpose of increasing student achievement by
377 improving the quality of instructional, administrative, and
378 supervisory services in the public schools of the state, the
379 district school superintendent shall establish procedures for
380 evaluating assessing the performance of duties and
381 responsibilities of all instructional, administrative, and
382 supervisory personnel employed by the school district. The
383 Department of Education must approve each district’s
384 instructional personnel appraisal assessment system and
385 appraisal instruments.
386 (2) The following conditions must be considered in the
387 design of the district’s instructional personnel appraisal
388 assessment system:
389 (a) The system must be designed to support district and
390 school level improvement plans.
391 (b) The system must provide appropriate appraisal
392 instruments, procedures, and criteria for continuous quality
393 improvement of the professional skills of instructional
394 personnel.
395 (c) The system must include a mechanism to give parents an
396 opportunity to provide input into employee performance
397 appraisals assessments when appropriate.
398 (d) In addition to addressing generic teaching
399 competencies, districts must determine those teaching fields for
400 which special procedures and criteria will be developed,
401 including a process for determining the professional education
402 competence of a teacher who holds a temporary certificate as
403 required under s. 1012.56.
404 (e) Each district school board may establish a peer
405 assistance process. The plan may provide a mechanism for
406 assistance of persons who are placed on performance probation as
407 well as offer assistance to other employees who request it.
408 (f) Each The district school board shall provide training
409 programs that are based upon guidelines provided by the
410 Department of Education to ensure that all individuals with
411 evaluation responsibilities understand the proper use of the
412 appraisal assessment criteria and procedures.
413 (g) The system must include a process for monitoring the
414 effective and consistent use of appraisal criteria by
415 supervisors and administrators and a process for evaluating the
416 effectiveness of the system itself in improving the level of
417 instruction and learning in the district’s schools.
418 (3) The appraisal assessment procedure for instructional
419 personnel and school administrators must be primarily based on
420 the performance of students assigned to their classrooms or
421 schools, as appropriate. Pursuant to this section, a school
422 district’s performance appraisal assessment is not limited to
423 basing unsatisfactory performance of instructional personnel and
424 school administrators upon student performance, but may include
425 other criteria approved to evaluate assess instructional
426 personnel and school administrators’ performance, or any
427 combination of student performance and other approved criteria.
428 The procedures must comply with, but are not limited to, the
429 following requirements:
430 (a) An appraisal assessment must be conducted for each
431 employee at least once a year, except that an appraisal for each
432 first-year teacher must be conducted at least twice a year. The
433 appraisal assessment must be based upon sound educational
434 principles and contemporary research in effective educational
435 practices. The assessment must primarily use data and indicators
436 of improvement in student performance assessed annually as
437 specified in s. 1008.22 and may consider results of peer reviews
438 in evaluating the employee’s performance. Student performance
439 must be measured by state assessments required under s. 1008.22
440 and by local assessments for subjects and grade levels not
441 measured by the state assessment program. The appraisal
442 assessment criteria must include, but are not limited to,
443 indicators that relate to the following:
444 1. Performance of students. The appraisal must primarily
445 use data and indicators of improvement in student performance
446 assessed annually as specified in s. 1008.22 and by district
447 determined assessments for subjects and grade levels not
448 measured by the state assessment program.
449 2. Instructional practice. For instructional personnel,
450 performance criteria must include indicators based on each of
451 the Florida Educator Accomplished Practices adopted by the State
452 Board of Education under s. 1012.52.
453 3. Instructional leadership. For school-based
454 administrators, performance criteria must include indicators
455 based on each of the leadership standards adopted by the State
456 Board of Education under s. 1012.986.
457 4. Professional responsibilities. Such criteria must
458 include professional responsibilities and employment
459 requirements as established by the State Board of Education and
460 through policies of the district school board.
461 2. Ability to maintain appropriate discipline.
462 3. Knowledge of subject matter. The district school board
463 shall make special provisions for evaluating teachers who are
464 assigned to teach out-of-field.
465 4. Ability to plan and deliver instruction and the use of
466 technology in the classroom.
467 5. Ability to evaluate instructional needs.
468 6. Ability to establish and maintain a positive
469 collaborative relationship with students’ families to increase
470 student achievement.
471 7. Other professional competencies, responsibilities, and
472 requirements as established by rules of the State Board of
473 Education and policies of the district school board.
474 (b) All personnel must be fully informed of the criteria
475 and procedures associated with the appraisal assessment process
476 before the appraisal assessment takes place.
477 (c) The individual responsible for supervising the employee
478 must evaluate assess the employee’s performance. The evaluator
479 must submit a written report of the appraisal assessment to the
480 district school superintendent for the purpose of reviewing the
481 employee’s contract. The evaluator must submit the written
482 report to the employee no later than 10 days after the appraisal
483 assessment takes place. The evaluator must discuss the written
484 report of appraisal assessment with the employee. The employee
485 shall have the right to initiate a written response to the
486 appraisal assessment, and the response shall become a permanent
487 attachment to his or her personnel file.
488 (d) If an employee is not performing his or her duties in a
489 satisfactory manner, the evaluator shall notify the employee in
490 writing of such determination. The notice must describe such
491 unsatisfactory performance and include notice of the following
492 procedural requirements:
493 1. Upon delivery of a notice of unsatisfactory performance,
494 the evaluator must confer with the employee, make
495 recommendations with respect to specific areas of unsatisfactory
496 performance, and provide assistance in helping to correct
497 deficiencies within a prescribed period of time.
498 2.a. If the employee holds a professional service contract
499 as provided in s. 1012.33 or a professional performance contract
500 as provided in 1012.335, the employee shall be placed on
501 performance probation and governed by the provisions of this
502 section for 90 calendar days following the receipt of the notice
503 of unsatisfactory performance to demonstrate corrective action.
504 School holidays and school vacation periods are not counted when
505 calculating the 90-calendar-day period. During the 90 calendar
506 days, the employee who holds a professional service contract or
507 a professional performance contract must be evaluated
508 periodically and apprised of progress achieved and must be
509 provided assistance and inservice training opportunities to help
510 correct the noted performance deficiencies. At any time during
511 the 90 calendar days, the employee who holds a professional
512 service contract or a professional performance contract may
513 request a transfer to another appropriate position with a
514 different supervising administrator; however, a transfer does
515 not extend the period for correcting performance deficiencies.
516 b. Within 14 days after the close of the 90 calendar days,
517 the evaluator must evaluate assess whether the performance
518 deficiencies have been corrected and forward a recommendation to
519 the district school superintendent. Within 14 days after
520 receiving the evaluator’s recommendation, the district school
521 superintendent must notify the employee who holds a professional
522 service contract or a professional performance contract in
523 writing whether the performance deficiencies have been
524 satisfactorily corrected and whether the district school
525 superintendent will recommend that the district school board
526 continue or terminate his or her employment contract. If the
527 employee wishes to contest the district school superintendent’s
528 recommendation, the employee must, within 15 days after receipt
529 of the district school superintendent’s recommendation, submit a
530 written request for a hearing. The hearing shall be conducted at
531 the district school board’s election in accordance with one of
532 the following procedures:
533 (I) A direct hearing conducted by the district school board
534 within 60 days after receipt of the written appeal. The hearing
535 shall be conducted in accordance with the provisions of ss.
536 120.569 and 120.57. A majority vote of the membership of the
537 district school board shall be required to sustain the district
538 school superintendent’s recommendation. The determination of the
539 district school board shall be final as to the sufficiency or
540 insufficiency of the grounds for termination of employment; or
541 (II) A hearing conducted by an administrative law judge
542 assigned by the Division of Administrative Hearings of the
543 Department of Management Services. The hearing shall be
544 conducted within 60 days after receipt of the written appeal in
545 accordance with chapter 120. The recommendation of the
546 administrative law judge shall be made to the district school
547 board. A majority vote of the membership of the district school
548 board shall be required to sustain or change the administrative
549 law judge’s recommendation. The determination of the district
550 school board shall be final as to the sufficiency or
551 insufficiency of the grounds for termination of employment.
552 (4) The district school superintendent shall notify the
553 department of any instructional personnel who receive two
554 consecutive unsatisfactory evaluations and who have been given
555 written notice by the district that their employment is being
556 terminated or is not being renewed or that the district school
557 board intends to terminate, or not renew, their employment. The
558 department shall conduct an investigation to determine whether
559 action shall be taken against the certificateholder pursuant to
560 s. 1012.795(1)(c).
561 (5) The district school superintendent shall develop a
562 mechanism for evaluating the effective use of assessment
563 criteria and evaluation procedures by administrators who are
564 assigned responsibility for evaluating the performance of
565 instructional personnel. The use of the assessment and
566 evaluation procedures shall be considered as part of the annual
567 assessment of the administrator’s performance. The system must
568 include a mechanism to give parents and teachers an opportunity
569 to provide input into the administrator’s performance
570 assessment, when appropriate.
571 (5)(6) Nothing in this section shall be construed to grant
572 a probationary employee a right to continued employment beyond
573 the term of his or her contract.
574 (6)(7) The district school board shall establish a
575 procedure annually reviewing instructional personnel appraisal
576 assessment systems to determine compliance with this section.
577 All substantial revisions to an approved system must be reviewed
578 and approved by the district school board before being used to
579 evaluate assess instructional personnel. Upon request by a
580 school district, the department shall provide assistance in
581 developing, improving, or reviewing an appraisal assessment
582 system.
583 (7)(8) The State Board of Education shall adopt rules
584 pursuant to ss. 120.536(1) and 120.54, that establish uniform
585 guidelines for the submission, review, and approval of district
586 procedures for the annual appraisal assessment of instructional
587 personnel and that include criteria for evaluating professional
588 performance.
589 Section 14. Subsection (3) is added to section 1012.52,
590 Florida Statutes, to read:
591 1012.52 Teacher quality; legislative findings; Florida
592 Educator Accomplished Practices.—
593 (3) The State Board of Education shall adopt by rule the
594 Florida Educator Accomplished Practices, which shall form the
595 basis for the state’s expectations for effective instructional
596 practice. The Commissioner of Education shall periodically
597 review the Florida Educator Accomplished Practices based on
598 contemporary educational research and analysis of student
599 performance data. The commissioner shall include input from
600 associations representing teachers, principals, superintendents,
601 and school boards when reviewing the Florida Educator
602 Accomplished Practices. Upon finalizing any resulting revisions
603 to the Florida Educator Accomplished Practices, the commissioner
604 shall submit the revised practices and supporting evaluation
605 information to the Governor, the President of the Senate, and
606 the Speaker of the House of Representatives at least 21 days
607 before the State Board of Education considers adoption of the
608 revised practices.
609 Section 15. Subsection (1) and paragraphs (g) and (h) of
610 subsection (6) of section 1012.56, Florida Statutes, are
611 amended, paragraph (i) is added to subsection (6), and
612 subsection (18) is added to that section, to read:
613 1012.56 Educator certification requirements.—
614 (1) APPLICATION.—Each person seeking certification pursuant
615 to this chapter shall submit a completed application containing
616 the applicant’s social security number to the Department of
617 Education and remit the fee required pursuant to s. 1012.59 and
618 rules of the State Board of Education. Pursuant to the federal
619 Personal Responsibility and Work Opportunity Reconciliation Act
620 of 1996, each party is required to provide his or her social
621 security number in accordance with this section. Disclosure of
622 social security numbers obtained through this requirement is
623 limited to the purpose of administration of the Title IV-D
624 program of the Social Security Act for child support
625 enforcement. Pursuant to s. 120.60, the department shall issue
626 within 90 calendar days after the stamped receipted date of the
627 completed application:
628 (a) If the applicant meets the requirements, a professional
629 certificate covering the classification, level, and area for
630 which the applicant is deemed qualified and a document
631 explaining the requirements for renewal of the professional
632 certificate;
633 (b) If the applicant meets the requirements and if
634 requested by an employing school district or an employing
635 private school with a professional education competence
636 demonstration program pursuant to paragraphs (6)(f) (5)(f) and
637 (8)(b) (7)(b), a temporary certificate covering the
638 classification, level, and area for which the applicant is
639 deemed qualified and an official statement of status of
640 eligibility; or
641 (c) If an applicant does not meet the requirements for
642 either certificate, an official statement of status of
643 eligibility.
644
645 The statement of status of eligibility must advise the applicant
646 of any qualifications that must be completed to qualify for
647 certification. Each statement of status of eligibility is valid
648 for 3 years after its date of issuance, except as provided in
649 paragraph (2)(d). For purposes of this section, the term
650 “private school” includes an approved Voluntary Prekindergarten
651 Education Program private prekindergarten provider.
652 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
653 COMPETENCE.—Acceptable means of demonstrating mastery of
654 professional preparation and education competence are:
655 (g) Successful completion of a professional preparation
656 alternative certification and education competency program,
657 outlined in paragraph (8)(a) (7)(a); or
658 (h) Successful completion of an alternative certification
659 program pursuant to s. 1004.85 and achievement of a passing
660 score on the professional education competency examination
661 required by rule of the State Board of Education; or
662 (i) Successful completion of a professional education
663 training program provided by Teach for America and achievement
664 of a passing score on the professional education competency
665 examination required by rule of the State Board of Education.
666 (18) MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL ON
667 EDUCATION TRANSCRIPTS; RULES.—The State Board of Education may
668 adopt rules that:
669 (a) For purposes of demonstrating mastery of professional
670 preparation and education competence through the completion of
671 professional preparation courses as specified in state board
672 rule, allow a person to use his or her teaching experience as a
673 military instructor to verify occupational teaching experience
674 for the same number of years of instruction provided in one of
675 the branches of the United States Armed Forces.
676 (b) For purposes of demonstrating the completion of
677 certification requirements specified in state board rule, allow
678 for the acceptance of college course credits recommended by the
679 American Council on Education (ACE), which are posted on an
680 official ACE transcript.
681 (c) This subsection applies to credit for instruction
682 performed, or course credits awarded, prior to, on, and after
683 July 1, 2009.
684 Section 16. Paragraph (h) of subsection (1) of section
685 1012.795, Florida Statutes, is amended to read:
686 1012.795 Education Practices Commission; authority to
687 discipline.—
688 (1) The Education Practices Commission may suspend the
689 educator certificate of any person as defined in s. 1012.01(2)
690 or (3) for up to 5 years, thereby denying that person the right
691 to teach or otherwise be employed by a district school board or
692 public school in any capacity requiring direct contact with
693 students for that period of time, after which the holder may
694 return to teaching as provided in subsection (4); may revoke the
695 educator certificate of any person, thereby denying that person
696 the right to teach or otherwise be employed by a district school
697 board or public school in any capacity requiring direct contact
698 with students for up to 10 years, with reinstatement subject to
699 the provisions of subsection (4); may revoke permanently the
700 educator certificate of any person thereby denying that person
701 the right to teach or otherwise be employed by a district school
702 board or public school in any capacity requiring direct contact
703 with students; may suspend the educator certificate, upon an
704 order of the court or notice by the Department of Revenue
705 relating to the payment of child support; or may impose any
706 other penalty provided by law, if the person:
707 (h) Has breached a contract, as provided in s. 1012.33(2)
708 or s. 1012.335(5).
709 Section 17. Subsection (6) of section 1012.98, Florida
710 Statutes, is amended to read:
711 1012.98 School Community Professional Development Act.—
712 (6) An organization of private schools which has no fewer
713 than 10 member schools in this state, which publishes and files
714 with the Department of Education copies of its standards, and
715 the member schools of which comply with the provisions of part
716 II of chapter 1003, relating to compulsory school attendance, or
717 an organization of approved Voluntary Prekindergarten Education
718 Program providers with no fewer than 10 members in this state,
719 may also develop a professional development system that includes
720 a master plan for inservice activities and a program for
721 demonstration of professional education competence under s.
722 1012.56. The professional development system and inservice plan
723 must be submitted to the commissioner for approval pursuant to
724 rules of the State Board of Education.
725 Section 18. Section 1012.986, Florida Statutes, is amended
726 to read:
727 1012.986 William Cecil Golden Professional Development
728 Program for School Leaders.—
729 (1) There is established the William Cecil Golden
730 Professional Development Program for School Leaders to provide
731 high standards and sustained support for principals as
732 instructional leaders. The program shall consist of a
733 collaborative network of state and national professional
734 leadership organizations to respond to instructional leadership
735 needs throughout the state.
736 (2) The network shall support the human-resource
737 development needs of principals, principal leadership teams, and
738 candidates for principal leadership positions using the
739 framework of leadership standards adopted by the State Board of
740 Education, the Southern Regional Education Board, and the
741 National Staff Development Council. Leadership standards adopted
742 under this section must focus on instructional leadership and
743 include the ability to:
744 (a) Identify and promote effective instruction.
745 (b) Recruit and retain high-performing instructional
746 personnel.
747 (c) Manage resources so as to maximize their use for
748 improving student achievement.
749 (3) The goals goal of the network leadership program are is
750 to:
751 (a) Provide resources to support and enhance the
752 principal’s role as the instructional leader.
753 (b) Maintain a clearinghouse and disseminate data-supported
754 information related to enhanced student achievement, based on
755 educational research and best practices.
756 (c) Build the capacity to increase the quality of programs
757 for preservice education for aspiring principals and inservice
758 professional development for principals and principal leadership
759 teams.
760 (d) Support best teaching and research-based instructional
761 practices through dissemination and modeling at the preservice
762 and inservice levels for both teachers and principals.
763 (4)(2) The Department of Education shall coordinate through
764 the network identified in subsection (1) to offer the program
765 through multiple delivery systems, including:
766 (a) Approved school district training programs.
767 (b) Interactive technology-based instruction.
768 (c) Regional consortium service organizations pursuant to
769 s. 1001.451.
770 (d) State, regional, or local leadership academies.
771 (e) State-approved educational leadership programs in
772 public and nonpublic colleges and universities.
773 (5)(3) The State Board of Education shall adopt rules
774 pursuant to ss. 120.536(1) and 120.54 to administer this
775 section.
776 Section 19. Paragraph (g) of subsection (3) of section
777 1012.33, Florida Statutes, is repealed.
778 Section 20. This act shall take effect upon becoming a law.
779
780
781
782 ================= T I T L E A M E N D M E N T ================
783 And the title is amended as follows:
784 Delete everything before the enacting clause
785 and insert:
786 A bill to be entitled
787 An act relating to education personnel; providing a
788 short title; amending s. 39.202, F.S.; providing for
789 access to records by certain education employees or
790 agents in cases of child abuse or neglect; amending
791 ss. 120.81, 1002.36, 1003.62, and 1003.621, F.S., to
792 conform to provisions in the act; amending s. 1004.04,
793 F.S.; requiring the Department of Education to report
794 to the State Board of Education on the effectiveness
795 of graduates of state-approved teacher preparation
796 programs; amending s. 1012.21, F.S.; conforming
797 provisions; requiring the department to notify the
798 Legislature relating to school district compliance
799 with compensation and salary schedule requirements;
800 requiring the department to report to the State Board
801 of Education on educational insufficiency and
802 dismissal and termination related thereto; requiring
803 rulemaking to define educational insufficiency;
804 amending s. 1012.22, F.S.; deleting certain provisions
805 relating to district school board adoption of salary
806 schedules and the basis for an employee’s
807 compensation; requiring each district school board to
808 report to the department on its adopted differentiated
809 pay policy; requiring rulemaking relating to school
810 district implementation of compensation and salary
811 schedule requirements; amending s. 1012.2315, F.S.;
812 revising department reporting requirements relating to
813 the assignment of classroom teachers; amending s.
814 1012.28, F.S.; conforming provisions; creating s.
815 1012.335, F.S., relating to contracts with classroom
816 teachers hired on or after July 1, 2009; providing
817 intent, findings, and definitions; providing
818 conditions for receipt of probationary, annual, and
819 professional performance contracts; providing a
820 penalty for violation of a contract; providing
821 criteria and procedures for suspension or dismissal of
822 classroom teachers on contract; providing procedures
823 for hearings to contest charges; requiring rules to
824 define just cause; amending s. 1012.34, F.S.; revising
825 provisions to require a school district personnel
826 appraisal system; specifying criteria and procedures
827 for the appraisal process; requiring approval of
828 appraisal instruments; requiring appraisals twice a
829 year for first-year teachers; requiring evaluation of
830 the appraisal system; conforming provisions; amending
831 s. 1012.52, F.S.; requiring the State Board of
832 Education to adopt by rule the Florida Educator
833 Accomplished Practices; requiring periodic review and
834 revision of the practices; amending s. 1012.56, F.S.;
835 correcting cross-references; authorizing Voluntary
836 Prekindergarten Education Program providers to meet
837 certain requirements relating to educator
838 certification; providing additional means of
839 demonstrating mastery of professional preparation and
840 education competence; authorizing State Board of
841 Education rules for acceptance of certain teaching
842 experience and course credits; providing for
843 retroactive application; amending s. 1012.795, F.S.;
844 conforming provisions; amending s. 1012.98, F.S.;
845 authorizing certain organizations, including
846 organizations of Voluntary Prekindergarten Education
847 Program providers, to develop a professional
848 development system and a program for demonstration of
849 education competence; amending s. 1012.986, F.S.;
850 specifying criteria for leadership standards under the
851 William Cecil Golden Professional Development Program
852 for School Leaders; authorizing the program to be
853 offered through state-approved leadership programs;
854 repealing s. 1012.33(3)(g), F.S., relating to
855 acceptance of certain teaching service for purposes of
856 pay for instructional staff, supervisors, and school
857 principals; providing an effective date.