Florida Senate - 2010 CS for CS for SB 6
By the Policy and Steering Committee on Ways and Means; the
Committee on Education Pre-K - 12; and Senators Thrasher, Gaetz,
Detert, Wise, Constantine, Richter, Peaden, Storms, and Baker
576-03297A-10 20106c2
1 A bill to be entitled
2 An act relating to education personnel; amending s.
3 39.202, F.S.; authorizing the release of child abuse
4 records to certain employees and agents of the
5 Department of Education; amending s. 447.403, F.S.;
6 deleting a provision that provides for an expedited
7 impasse hearing for disputes involving the Merit Award
8 Program plan to conform to changes made by the act;
9 amending s. 1002.33, F.S.; requiring a charter school
10 to adopt a salary schedule for instructional personnel
11 and school-based administrators which meets certain
12 requirements; providing that charter schools must meet
13 certain requirements for end-of-course assessments,
14 performance appraisals, and certain contracts;
15 deleting a cross-reference to conform to changes made
16 by the act; requiring that the Commissioner of
17 Education review certain charter schools for
18 compliance with the requirements for a salary
19 schedule, assessments, and contracts; requiring a
20 specified funding adjustment to be imposed against a
21 charter school that is not in compliance; amending s.
22 1003.52, F.S.; deleting a cross-reference to conform
23 to changes made by the act; repealing s. 1003.62,
24 F.S., relating to academic performance-based charter
25 school districts; amending s. 1003.621, F.S.;
26 providing additional requirements for personnel in
27 academically high-performing school districts;
28 repealing s. 1003.63, relating to the deregulated
29 public schools pilot program; amending s. 1004.04,
30 F.S.; revising the criteria for continued approval of
31 teacher preparation programs to include student
32 learning gains; deleting the waiver of admissions
33 criteria for certain students; deleting the criterion
34 relating to employer satisfaction; revising the
35 requirements for a teacher preparation program to
36 provide additional training to a graduate who fails to
37 demonstrate essential skills; deleting a provision
38 that requires state-approved teacher preparation
39 programs and public and private institutions offering
40 training for school-readiness-related professions to
41 report graduate satisfaction ratings; revising the
42 requirements for preservice field experience programs;
43 repealing s. 1004.04(11) and (12), F.S., relating to
44 the Preteacher and Teacher Education Pilot Programs
45 and the Teacher Education Pilot Programs for High
46 Achieving Students; amending s. 1004.85, F.S.;
47 revising the requirements for individuals who
48 participate in programs at postsecondary educator
49 preparation institutes; revising the requirements for
50 approved alternative certification programs and
51 instructors; creating s. 1008.222, F.S.; requiring
52 school districts to develop and implement end-of
53 course assessments; requiring a review of assessments
54 by the Commissioner of Education; amending s. 1009.40,
55 F.S.; deleting cross-references to conform to changes
56 made by the act; repealing s. 1009.54, F.S., relating
57 to the Critical Teacher Shortage Program; repealing s.
58 1009.57, F.S., relating to the Florida Teacher
59 Scholarship and Forgivable Loan Program; repealing s.
60 1009.58, F.S., relating to the Critical Teacher
61 Shortage Tuition Reimbursement Program; repealing s.
62 1009.59, F.S., relating to the Critical Teacher
63 Shortage Student Loan Forgiveness Program; amending s.
64 1009.94, F.S.; deleting cross-references to conform to
65 changes made by the act; creating s. 1011.626, F.S.;
66 providing legislative findings and intent; creating
67 the Performance Fund for Instructional Personnel and
68 School-Based Administrators; providing for calculation
69 of the fund amount; providing for distribution of
70 funds to districts and specifying purposes for which
71 funds may be expended; providing for reversion of
72 unexpended funds; specifying that salary increases
73 from these funds are in addition to other salary
74 adjustments; specifying requirements for individuals
75 paid from federal grants; requiring that each district
76 school board submit its district adopted salary
77 schedule and certain assessments to the Commissioner
78 of Education for review; requiring that the
79 commissioner determine compliance with requirements
80 applicable to the schedules and assessments; requiring
81 a review by the Auditor General of certain classroom
82 teacher contracts; requiring that the Commissioner of
83 Education notify the Governor and Legislature of
84 school districts that fail to comply with salary
85 schedule, assessment, and contract requirements;
86 requiring a specified funding adjustment to be imposed
87 against a school district for such failure to comply;
88 requiring that the State Board of Education adopt
89 rules; amending s. 1011.69, F.S.; deleting a provision
90 that exempts academic performance-based charter school
91 districts from the Equity in School-Level Funding Act
92 to conform to changes made by the act; amending s.
93 1012.05, F.S.; revising the Department of Education’s
94 responsibilities for teacher recruitment; amending s.
95 1012.07, F.S.; revising the methodology for
96 determining critical teacher shortage areas; deleting
97 cross-references to conform to changes made by the
98 act; amending s. 1012.22, F.S.; revising the powers
99 and duties of the district school board with respect
100 to school district compensation and salary schedules;
101 requiring that certain performance criteria be
102 included in the adopted schedules; revising the
103 differentiated pay provisions; repealing s. 1012.225,
104 F.S., relating to the Merit Award Program for
105 Instructional Personnel and School-Based
106 Administrators; repealing s. 1012.2251, F.S., relating
107 to the end-of-course examinations for the Merit Award
108 Program; amending s. 1012.33, F.S.; revising
109 provisions relating to contracts with certain
110 educational personnel; requiring a district school
111 board’s decision to retain personnel who have
112 continuing contracts or professional service contracts
113 to be primarily based on the employee’s performance;
114 deleting requirements that school board decisions for
115 workforce reductions be based on collective bargaining
116 agreements; deleting requirements for district school
117 board rules for workforce reduction; creating s.
118 1012.335, F.S.; providing definitions; providing
119 employment criteria for newly hired classroom
120 teachers; providing grounds for termination; requiring
121 that the State Board of Education adopt rules defining
122 the term “just cause”; providing guidelines for such
123 term; amending s. 1012.34, F.S.; revising provisions
124 related to the appraisal of instructional personnel
125 and school-based administrators; requiring that the
126 Department of Education approve school district
127 appraisal instruments; requiring the Department of
128 Education to collect appraisal information from school
129 districts and to report such information to the
130 Governor and the Legislature; providing requirements
131 for appraisal systems; authorizing an employee to
132 request that a district school superintendent review
133 an unsatisfactory performance appraisal; conforming
134 provisions to changes made by the act; amending s.
135 1012.42, F.S.; prohibiting a district school board
136 from assigning a new teacher to teach reading,
137 science, or mathematics if he or she is not certified
138 in those subject areas; repealing s. 1012.52, F.S.,
139 relating to legislative intent for teacher quality;
140 amending s. 1012.56, F.S.; revising the certification
141 requirements for persons holding a valid professional
142 standard teaching certificate issued by another state;
143 providing additional means of demonstrating mastery of
144 professional preparation and education competence;
145 requiring that the State Board of Education review the
146 current subject area examinations and increase the
147 scores necessary for achieving certification;
148 authorizing the State Board of Education to adopt
149 rules to allow certain college credit to be used to
150 meet certification requirements; amending s. 1012.585,
151 F.S.; providing for future expiration of provisions
152 governing certification of teachers who hold national
153 certification; revising the renewal requirements for a
154 professional certificate; providing additional
155 requirements that must be met in order to renew the
156 certificate; requiring that the State Board of
157 Education adopt rules for the renewal of a certificate
158 held by a certificateholder who has not been evaluated
159 under s. 1012.34, F.S.; repealing s. 1012.72, F.S.,
160 relating to the Dale Hickam Excellent Teaching
161 Program; amending s. 1012.79, F.S.; revising the
162 composition of the Education Practices Commission;
163 conforming provisions to changes made by the act;
164 amending s. 1012.795, F.S.; conforming provisions to
165 changes made by the act; requiring that the Department
166 of Education submit a report on the cost-effectiveness
167 of teacher preparation programs to the Governor and
168 the Legislature by a specified date; specifying the
169 report requirements; requiring that the Office of
170 Program Policy Analysis and Government Accountability
171 submit recommendations to the Legislature relating to
172 changes in the criteria for the continued approval of
173 teacher preparation programs; providing a contingent
174 exemption from certain provisions in the act for
175 certain school districts; providing for severability;
176 providing for application of specified provisions of
177 the act; providing effective dates.
178
179 Be It Enacted by the Legislature of the State of Florida:
180
181 Section 1. Paragraph (t) is added to subsection (2) of
182 section 39.202, Florida Statutes, to read:
183 39.202 Confidentiality of reports and records in cases of
184 child abuse or neglect.—
185 (2) Except as provided in subsection (4), access to such
186 records, excluding the name of the reporter which shall be
187 released only as provided in subsection (5), shall be granted
188 only to the following persons, officials, and agencies:
189 (t) Employees or agents of the Department of Education who
190 are responsible for the investigation or prosecution of
191 misconduct by certified educators.
192 Section 2. Paragraph (c) of subsection (2) of section
193 447.403, Florida Statutes, is amended to read:
194 447.403 Resolution of impasses.—
195 (2)
196 (c) If the district school board is the public employer and
197 an impasse is declared under subsection (1) involving a dispute
198 of a Merit Award Program plan under s. 1012.225, the dispute is
199 subject to an expedited impasse hearing. Notwithstanding
200 subsections (3), (4), and (5), and the rules adopted by the
201 commission, the following procedures shall apply:
202 1.a. The commission shall furnish the names of seven
203 special magistrates within 5 days after receiving notice of
204 impasse. If the parties are unable to agree upon a special
205 magistrate within 5 days after the date of the letter
206 transmitting the list of choices, the commission shall
207 immediately appoint a special magistrate. The special magistrate
208 shall set the hearing, which shall be held no later than 15 days
209 after the date of appointment of the special magistrate. Within
210 5 days after the date of appointment of a special magistrate,
211 each party shall serve upon the special magistrate and upon each
212 other party a written list of issues at impasse.
213 b. At the close of the hearing, the parties shall summarize
214 their arguments and may provide a written memorandum in support
215 of their positions.
216 c. Within 10 days after the close of the hearing, the
217 special magistrate shall transmit a recommended decision to the
218 commission and the parties.
219 d. The recommended decision of the special magistrate shall
220 be deemed accepted by the parties, except as to those
221 recommendations that a party specifically rejects, by filing a
222 written notice with the commission and serving a copy on the
223 other party within 5 days after the date of the recommended
224 decision.
225 2. If a party rejects any part of the recommended decision
226 of the special magistrate, the parties shall proceed directly to
227 resolution of the impasse by the district school board pursuant
228 to paragraph (4)(d).
229 Section 3. Paragraph (c) is added to subsection (16) of
230 section 1002.33, Florida Statutes, paragraph (a) of subsection
231 (20) of that section is amended, present subsection (26) of that
232 section is redesignated as subsection (27), and a new subsection
233 (26) is added to that section, to read:
234 1002.33 Charter schools.—
235 (16) EXEMPTION FROM STATUTES.—
236 (c) A charter school shall also comply with the following:
237 1. A charter school may not award a professional service
238 contract or similar contract to a classroom teacher hired on or
239 after July 1, 2010.
240 2. Beginning with the 2014-2015 school year and thereafter,
241 a charter school must adopt a salary schedule for instructional
242 personnel and school-based administrators which compensates
243 instructional personnel and school-based administrators based on
244 their performance. Salary adjustments for instructional
245 personnel and school-based administrators must be based only on
246 performance demonstrated under s. 1012.34. A charter school may
247 not use length of service or degrees held by instructional
248 personnel or school-based administrators as a factor in setting
249 the salary schedule.
250 3. A charter school must meet the following requirements:
251 a. Administer assessments that comply with s. 1008.222.
252 However, a charter school may use its own assessments if the
253 assessments comply with s. 1008.222;
254 b. Maintain the security and integrity of end-of-course
255 assessments developed or acquired pursuant to s. 1008.222; and
256 c. Adopt a performance appraisal system that complies with
257 s. 1012.34.
258 (20) SERVICES.—
259 (a) A sponsor shall provide certain administrative and
260 educational services to charter schools. These services shall
261 include contract management services; full-time equivalent and
262 data reporting services; exceptional student education
263 administration services; services related to eligibility and
264 reporting duties required to ensure that school lunch services
265 under the federal lunch program, consistent with the needs of
266 the charter school, are provided by the school district at the
267 request of the charter school, that any funds due to the charter
268 school under the federal lunch program be paid to the charter
269 school as soon as the charter school begins serving food under
270 the federal lunch program, and that the charter school is paid
271 at the same time and in the same manner under the federal lunch
272 program as other public schools serviced by the sponsor or the
273 school district; test administration services, including payment
274 of the costs of state-required or district-required student
275 assessments; processing of teacher certificate data services;
276 and information services, including equal access to student
277 information systems that are used by public schools in the
278 district in which the charter school is located. Student
279 performance data for each student in a charter school,
280 including, but not limited to, FCAT scores, standardized test
281 scores, previous public school student report cards, and student
282 performance measures, shall be provided by the sponsor to a
283 charter school in the same manner provided to other public
284 schools in the district. A total administrative fee for the
285 provision of such services shall be calculated based upon up to
286 5 percent of the available funds defined in paragraph (17)(b)
287 for all students. However, a sponsor may only withhold up to a
288 5-percent administrative fee for enrollment for up to and
289 including 500 students. For charter schools with a population of
290 501 or more students, the difference between the total
291 administrative fee calculation and the amount of the
292 administrative fee withheld may only be used for capital outlay
293 purposes specified in s. 1013.62(2). Each charter school shall
294 receive 100 percent of the funds awarded to that school pursuant
295 to s. 1012.225. Sponsors shall not charge charter schools any
296 additional fees or surcharges for administrative and educational
297 services in addition to the maximum 5-percent administrative fee
298 withheld pursuant to this paragraph.
299 (26) FUNDING AND COMPLIANCE.—
300 (a) Effective with the beginning of the 2011-2012 year, and
301 each year thereafter, the Commissioner of Education shall
302 calculate and distribute funds from the Performance Fund for
303 Instructional Personnel and School-Based Administrators in s.
304 1011.626 to charter schools in the same manner as for school
305 districts. Charter schools must meet the requirements in s.
306 1011.626(5).
307 (b) By September 15 of each year, each charter school
308 governing board shall certify to the Commissioner of Education
309 that its school meets the requirements in paragraph (16)(c). The
310 commissioner shall verify compliance with paragraph (16)(c) by
311 selecting a sample of charter schools each year to provide
312 information to determine compliance. On or before October 1 of
313 each year, a selected charter school must submit the requested
314 information to the commissioner. On or before December 15 of
315 each year, the commissioner shall complete a review of each
316 selected charter school for that school year, determine
317 compliance with paragraph (16)(c), and notify each charter
318 school governing board and sponsor if the charter school is not
319 in compliance with paragraph (16)(c). The commissioner shall
320 certify the charter schools that do not comply with paragraph
321 (16)(c) to the Governor, the President of the Senate, and the
322 Speaker of the House of Representative on or before February 15
323 of each year. Each certified charter school shall receive a
324 funding adjustment of state funds equivalent to 5 percent of the
325 total Florida Education Finance Program funds provided in the
326 General Appropriations Act for the charter school. Such funding
327 adjustment shall be implemented through the withholding of funds
328 to which the charter school is entitled.
329 Section 4. Subsection (10) of section 1003.52, Florida
330 Statutes, is amended to read:
331 1003.52 Educational services in Department of Juvenile
332 Justice programs.—
333 (10) The district school board shall recruit and train
334 teachers who are interested, qualified, or experienced in
335 educating students in juvenile justice programs. Students in
336 juvenile justice programs shall be provided a wide range of
337 educational programs and opportunities including textbooks,
338 technology, instructional support, and other resources available
339 to students in public schools. Teachers assigned to educational
340 programs in juvenile justice settings in which the district
341 school board operates the educational program shall be selected
342 by the district school board in consultation with the director
343 of the juvenile justice facility. Educational programs in
344 juvenile justice facilities shall have access to the substitute
345 teacher pool utilized by the district school board. Full-time
346 teachers working in juvenile justice schools, whether employed
347 by a district school board or a provider, shall be eligible for
348 the critical teacher shortage tuition reimbursement program as
349 defined by s. 1009.58 and other teacher recruitment and
350 retention programs.
351 Section 5. Section 1003.62, Florida Statutes, is repealed.
352 Section 6. Paragraph (h) of subsection (2) of section
353 1003.621, Florida Statutes, is amended to read:
354 1003.621 Academically high-performing school districts.—It
355 is the intent of the Legislature to recognize and reward school
356 districts that demonstrate the ability to consistently maintain
357 or improve their high-performing status. The purpose of this
358 section is to provide high-performing school districts with
359 flexibility in meeting the specific requirements in statute and
360 rules of the State Board of Education.
361 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
362 high-performing school district shall comply with all of the
363 provisions in chapters 1000-1013, and rules of the State Board
364 of Education which implement these provisions, pertaining to the
365 following:
366 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
367 differentiated pay and performance-pay policies for school
368 administrators and instructional personnel, and s. 1012.34,
369 relating to appraisal procedures and criteria. Professional
370 service contracts are subject to the provisions of s. ss.
371 1012.33 and 1012.34. Contracts with classroom teachers hired on
372 or after July 1, 2010, are subject to s. 1012.335.
373 Section 7. Section 1003.63, Florida Statutes, is repealed.
374 Section 8. Paragraph (b) of subsection (4) and subsections
375 (5) and (6) of section 1004.04, Florida Statutes, are amended to
376 read:
377 1004.04 Public accountability and state approval for
378 teacher preparation programs.—
379 (4) INITIAL STATE PROGRAM APPROVAL.—
380 (b) Each teacher preparation program approved by the
381 Department of Education, as provided for by this section, shall
382 require students to meet the following as prerequisites for
383 admission into the program:
384 1. Have a grade point average of at least 2.5 on a 4.0
385 scale for the general education component of undergraduate
386 studies or have completed the requirements for a baccalaureate
387 degree with a minimum grade point average of 2.5 on a 4.0 scale
388 from any college or university accredited by a regional
389 accrediting association as defined by State Board of Education
390 rule or any college or university otherwise approved pursuant to
391 State Board of Education rule.
392 2. Demonstrate mastery of general knowledge, including the
393 ability to read, write, and compute, by passing the General
394 Knowledge Test of the Florida Teacher Certification Examination,
395 the College Level Academic Skills Test, a corresponding
396 component of the National Teachers Examination series, or a
397 similar test pursuant to rules of the State Board of Education.
398
399 Each teacher preparation program may waive these admissions
400 requirements for up to 10 percent of the students admitted.
401 Programs shall implement strategies to ensure that students
402 admitted under a waiver receive assistance to demonstrate
403 competencies to successfully meet requirements for
404 certification.
405 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
406 (4), failure by a public or nonpublic teacher preparation
407 program to meet the criteria for continued program approval
408 shall result in loss of program approval. The Department of
409 Education, in collaboration with the departments and colleges of
410 education, shall develop procedures for continued program
411 approval that document the continuous improvement of program
412 processes and graduates’ performance.
413 (a) Continued approval of specific teacher preparation
414 programs at each public and nonpublic postsecondary educational
415 institution within the state is contingent upon a determination
416 by the Department of Education of student learning gains, as
417 measured by state assessments required under s. 1008.22.
418 (b)(a) Continued approval of specific teacher preparation
419 programs at each public and nonpublic postsecondary educational
420 institution within the state is contingent upon the passing of
421 the written examination required by s. 1012.56 by at least 90
422 percent of the graduates of the program who take the
423 examination. The Department of Education shall annually provide
424 an analysis of the performance of the graduates of such
425 institution with respect to the competencies assessed by the
426 examination required by s. 1012.56.
427 (c)(b) Additional criteria for continued program approval
428 for public institutions may be approved by the State Board of
429 Education. Such criteria must emphasize instruction in classroom
430 management and must provide for the evaluation of the teacher
431 candidates’ performance in this area. The criteria shall also
432 require instruction in working with underachieving students.
433 Program evaluation procedures must include, but are not limited
434 to, program graduates’ satisfaction with instruction and the
435 program’s responsiveness to local school districts. Additional
436 criteria for continued program approval for nonpublic
437 institutions shall be developed in the same manner as for public
438 institutions; however, such criteria must be based upon
439 significant, objective, and quantifiable graduate performance
440 measures. Responsibility for collecting data on outcome measures
441 through survey instruments and other appropriate means shall be
442 shared by the postsecondary educational institutions and the
443 Department of Education. By January 1 of each year, the
444 Department of Education shall report this information for each
445 postsecondary educational institution that has state-approved
446 programs of teacher education to the Governor, the State Board
447 of Education, the Board of Governors, the Commissioner of
448 Education, the President of the Senate, the Speaker of the House
449 of Representatives, all Florida postsecondary teacher
450 preparation programs, and interested members of the public. This
451 report must analyze the data and make recommendations for
452 improving teacher preparation programs in the state.
453 (d)(c) Continued approval for a teacher preparation program
454 is contingent upon the results of periodic reviews, on a
455 schedule established by the State Board of Education, of the
456 program conducted by the postsecondary educational institution,
457 using procedures and criteria outlined in an institutional
458 program evaluation plan approved by the Department of Education,
459 which must include the program’s review of and response to the
460 effect of its candidates and graduates on K-12 student learning.
461 This plan must also incorporate and respond to the criteria
462 established in paragraphs (a) and (b) and (c) and include
463 provisions for involving primary stakeholders, such as program
464 graduates, district school personnel, classroom teachers,
465 principals, community agencies, and business representatives in
466 the evaluation process. Upon request by an institution, the
467 department shall provide assistance in developing, enhancing, or
468 reviewing the institutional program evaluation plan and training
469 evaluation team members.
470 (e)(d) Continued approval for a teacher preparation program
471 is contingent upon standards being in place that are designed to
472 adequately prepare elementary, middle, and high school teachers
473 to instruct their students in reading and higher-level
474 mathematics concepts and in the use of technology at the
475 appropriate grade level.
476 (f)(e) Continued approval of teacher preparation programs
477 is contingent upon compliance with the student admission
478 requirements of subsection (4) and upon the receipt of at least
479 a satisfactory rating from public schools and private schools
480 that employ graduates of the program. Each teacher preparation
481 program shall guarantee the high quality of its graduates during
482 the first 2 years immediately following graduation from the
483 program or following the graduate’s initial certification,
484 whichever occurs first. Any educator in a Florida school who
485 fails to demonstrate student learning gains the essential skills
486 as specified in paragraph (a) subparagraphs 1.-5. shall be
487 provided additional training by the teacher preparation program
488 at no expense to the educator or the employer. Such training
489 must consist of an individualized plan agreed upon by the school
490 district and the postsecondary educational institution that
491 includes specific learning outcomes. The postsecondary
492 educational institution assumes no responsibility for the
493 educator’s employment contract with the employer. Employer
494 satisfaction shall be determined by an annually administered
495 survey instrument approved by the Department of Education that,
496 at a minimum, must include employer satisfaction of the
497 graduates’ ability to do the following:
498 1. Write and speak in a logical and understandable style
499 with appropriate grammar.
500 2. Recognize signs of students’ difficulty with the reading
501 and computational process and apply appropriate measures to
502 improve students’ reading and computational performance.
503 3. Use and integrate appropriate technology in teaching and
504 learning processes.
505 4. Demonstrate knowledge and understanding of Sunshine
506 State Standards.
507 5. Maintain an orderly and disciplined classroom conducive
508 to student learning.
509 (g)(f)1. Each Florida public and private institution that
510 offers a state-approved teacher preparation program must
511 annually report information regarding these programs to the
512 state and the general public. This information shall be reported
513 in a uniform and comprehensible manner that is consistent with
514 definitions and methods approved by the Commissioner of the
515 National Center for Educational Statistics and that is approved
516 by the State Board of Education. This information must include,
517 at a minimum:
518 a. The percent of graduates obtaining full-time teaching
519 employment within the first year of graduation.
520 b. The average length of stay of graduates in their full
521 time teaching positions.
522 c. The percentage of graduates whose students achieved
523 learning gains, as specified in paragraph (a). For purposes of
524 this paragraph, the information shall include the percentage of
525 the students taught per graduate who achieved learning gains.
526 Satisfaction ratings required in paragraph (e).
527 2. Each public and private institution offering training
528 for school readiness related professions, including training in
529 the fields of child care and early childhood education, whether
530 offering career credit, associate in applied science degree
531 programs, associate in science degree programs, or associate in
532 arts degree programs, shall annually report information
533 regarding these programs to the state and the general public in
534 a uniform and comprehensible manner that conforms with
535 definitions and methods approved by the State Board of
536 Education. This information must include, at a minimum:
537 a. Average length of stay of graduates in their teaching
538 positions.
539 b. The percent of graduates obtaining full-time teaching
540 employment within the first year of graduation. Satisfaction
541 ratings of graduates’ employers.
542
543 This information shall be reported through publications,
544 including college and university catalogs and promotional
545 materials sent to potential applicants, secondary school
546 guidance counselors, and prospective employers of the
547 institution’s program graduates.
548 (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary
549 instructors, school district personnel and instructional
550 personnel, and school sites preparing instructional personnel
551 through preservice field experience courses and internships
552 shall meet special requirements. District school boards are
553 authorized to pay student teachers during their internships.
554 (a) All instructors in postsecondary teacher preparation
555 programs who instruct or supervise preservice field experiences,
556 preservice experience courses, or internships shall have at
557 least one of the following: specialized training in clinical
558 supervision; a valid professional teaching certificate issued
559 under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
560 of successful teaching experience in prekindergarten through
561 grade 12.
562 (b) All school district personnel and instructional
563 personnel who supervise or direct teacher preparation students
564 during field experience courses or internships must have
565 evidence of “clinical educator” training and must successfully
566 demonstrate effective classroom management strategies that
567 consistently result in improved student performance. The State
568 Board of Education shall approve the training requirements.
569 (c) Preservice field experience programs must provide for
570 continuous student participation in K-12 classroom settings with
571 supervised instruction of K-12 students. All preservice field
572 experience programs must provide specific guidance and
573 demonstration of effective classroom management strategies,
574 strategies for incorporating technology into classroom
575 instruction, strategies for incorporating scientifically
576 researched, knowledge-based reading literacy and computational
577 skills acquisition into classroom instruction, and ways to link
578 instructional plans to the Sunshine State Standards, as
579 appropriate. The length of structured field experiences may be
580 extended to ensure that candidates achieve the competencies
581 needed to meet certification requirements.
582 (d) Postsecondary teacher preparation programs, in
583 consultation cooperation with district school boards and
584 approved private school associations, shall select the school
585 sites for preservice field experience activities based on the
586 instructional skills of the instructor or supervisor with whom
587 the teaching candidate is placed, as demonstrated by the
588 instructor’s or supervisor’s sustained student learning gains as
589 specified in paragraph (5)(a). These sites must represent the
590 full spectrum of school communities, including, but not limited
591 to, schools located in urban settings. In order to be selected,
592 school sites must demonstrate commitment to the education of
593 public school students and to the preparation of future
594 teachers.
595 Section 9. Subsections (11) and (12) of section 1004.04,
596 Florida Statutes, are repealed.
597 Section 10. Paragraph (b) of subsection (3) and subsections
598 (4) and (5) of section 1004.85, Florida Statutes, are amended to
599 read:
600 1004.85 Postsecondary educator preparation institutes.—
601 (3) Educator preparation institutes approved pursuant to
602 this section may offer alternative certification programs
603 specifically designed for noneducation major baccalaureate
604 degree holders to enable program participants to meet the
605 educator certification requirements of s. 1012.56. Such programs
606 shall be competency-based educator certification preparation
607 programs that prepare educators through an alternative route. An
608 educator preparation institute choosing to offer an alternative
609 certification program pursuant to the provisions of this section
610 must implement a program previously approved by the Department
611 of Education for this purpose or a program developed by the
612 institute and approved by the department for this purpose.
613 Approved programs shall be available for use by other approved
614 educator preparation institutes.
615 (b) Each program participant must:
616 1. Meet certification requirements pursuant to s.
617 1012.56(1) and (2) by obtaining a statement of status of
618 eligibility prior to admission into the program which indicates
619 eligibility for a temporary certificate in a teaching subject
620 and meet the requirements of s. 1012.56(2)(a)-(f).
621 2. Participate in field experience that is appropriate to
622 his or her educational plan.
623 3. Demonstrate mastery of general knowledge by one of the
624 options provided in s. 1012.56(3) prior to completion of the
625 program.
626 4.3. Fully demonstrate his or her ability to teach the
627 subject area for which he or she is seeking certification
628 through field experiences and by achievement of a passing score
629 on the corresponding subject area test prior to completion of
630 the program and demonstrate mastery of professional preparation
631 and education competence by achievement of a passing score on
632 the professional education competency examination required by
633 state board rule prior to completion of the program.
634 (4) Each alternative certification program institute
635 approved pursuant to this section shall submit to the Department
636 of Education annual performance evaluations that measure the
637 effectiveness of the programs, including the pass rates of
638 participants on all examinations required for teacher
639 certification, employment rates, longitudinal retention rates,
640 and a review of the impact that participants who have completed
641 the program have on K-12 student learning and employer
642 satisfaction surveys. The employer satisfaction surveys must be
643 designed to measure the sufficient preparation of the educator
644 to enter the classroom. These evaluations and evidence of
645 student learning gains, as measured by state assessments
646 required under s. 1008.22, shall be used by the Department of
647 Education for purposes of continued approval of an educator
648 preparation institute’s alternative certification program.
649 (5) Instructors for an alternative certification program
650 approved pursuant to this section must meet the requirements of
651 s. 1004.04(6) possess a master’s degree in education or a
652 master’s degree in an appropriate related field and document
653 teaching experience.
654 Section 11. Section 1008.222, Florida Statutes, is created
655 to read:
656 1008.222 Development and implementation of end-of-course
657 assessments of certain subject areas and grade levels.—
658 (1) Each school district must develop or acquire a valid
659 and reliable end-of-course assessment for each subject area and
660 grade level not measured by state assessments required under s.
661 1008.22 or by examinations in AP, IB, AICE, or a national
662 industry certification identified in the Industry Certification
663 Funding List pursuant to rules adopted by the State Board of
664 Education. The content, knowledge, and skills assessed by end
665 of-course assessments for each school district must be aligned
666 to the core curricular content established in the Sunshine State
667 Standards.
668 (2)(a) Beginning with the 2013-2014 school year, each
669 school district must require that each school in the district
670 administer the district’s standard assessment for each subject
671 area or grade level, as described in subsection (1).
672 (b) Each district school superintendent must ensure that
673 teachers who provide instruction in the same subject or grade
674 level administer the same end-of-course assessment, as described
675 in subsection (1). Each school district must adopt policies to
676 ensure standardized administration and security of the
677 assessments.
678 (c) Each district school superintendent is responsible for
679 implementing standardized assessment security and
680 administration, the reporting of assessment results, and using
681 assessment results to comply with provisions of ss.
682 1012.22(1)(c) and 1012.34. The district school superintendent
683 shall certify to the Commissioner of Education that the security
684 of a standardized assessment required under this section is
685 maintained. If a district school superintendent’s certification
686 is determined to be invalid through an audit by the Auditor
687 General or an investigation by the Department of Education, the
688 superintendent is subject to suspension and removal on the
689 grounds of misfeasance pursuant to s. 7, Art. IV of the State
690 Constitution.
691 (d) The Commissioner of Education shall identify methods to
692 assist and support districts in the development and acquisition
693 of assessments required under this section. Methods may include
694 the development of item banks, facilitation of the sharing of
695 developed tests among districts, and technical assistance in
696 best professional practices of test development based on state
697 adopted curriculum standards, administration, and security.
698 Section 12. Paragraph (a) of subsection (1) of section
699 1009.40, Florida Statutes, is amended to read:
700 1009.40 General requirements for student eligibility for
701 state financial aid awards and tuition assistance grants.—
702 (1)(a) The general requirements for eligibility of students
703 for state financial aid awards and tuition assistance grants
704 consist of the following:
705 1. Achievement of the academic requirements of and
706 acceptance at a state university or community college; a nursing
707 diploma school approved by the Florida Board of Nursing; a
708 Florida college, university, or community college which is
709 accredited by an accrediting agency recognized by the State
710 Board of Education; any Florida institution the credits of which
711 are acceptable for transfer to state universities; any career
712 center; or any private career institution accredited by an
713 accrediting agency recognized by the State Board of Education.
714 2. Residency in this state for no less than 1 year
715 preceding the award of aid or a tuition assistance grant for a
716 program established pursuant to s. 1009.50, s. 1009.505, s.
717 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
718 1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
719 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
720 Residency in this state must be for purposes other than to
721 obtain an education. Resident status for purposes of receiving
722 state financial aid awards shall be determined in the same
723 manner as resident status for tuition purposes pursuant to s.
724 1009.21.
725 3. Submission of certification attesting to the accuracy,
726 completeness, and correctness of information provided to
727 demonstrate a student’s eligibility to receive state financial
728 aid awards or tuition assistance grants. Falsification of such
729 information shall result in the denial of any pending
730 application and revocation of any award or grant currently held
731 to the extent that no further payments shall be made.
732 Additionally, students who knowingly make false statements in
733 order to receive state financial aid awards or tuition
734 assistance grants commit a misdemeanor of the second degree
735 subject to the provisions of s. 837.06 and shall be required to
736 return all state financial aid awards or tuition assistance
737 grants wrongfully obtained.
738 Section 13. Section 1009.54, Florida Statutes, is repealed.
739 Section 14. Section 1009.57, Florida Statutes, is repealed.
740 Section 15. Section 1009.58, Florida Statutes, is repealed.
741 Section 16. Section 1009.59, Florida Statutes, is repealed.
742 Section 17. Paragraph (c) of subsection (2) of section
743 1009.94, Florida Statutes, is amended to read:
744 1009.94 Student financial assistance database.—
745 (2) For purposes of this section, financial assistance
746 includes:
747 (c) Any financial assistance provided under s. 1009.50, s.
748 1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
749 1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
750 1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
751 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
752 Section 18. Section 1011.626, Florida Statutes, is created
753 to read:
754 1011.626 Performance Fund for Instructional Personnel and
755 School-Based Administrators.—
756 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
757 to ensure that every student has a high-quality teacher in his
758 or her classroom. The Legislature intends, therefore, to hold
759 school districts accountable for demonstrably increasing student
760 achievement.
761 (2) FINDINGS.—The Legislature finds that:
762 (a) Quality classroom teachers and school-based
763 administrators are the single greatest indicators of student
764 achievement.
765 (b) A school district that fails to reward quality
766 classroom teachers or school-based administrators on the
767 performance of their students, and instead rewards these
768 individuals, in whole or in part, based on the number of years
769 worked or degrees held, has violated s. 1012.22(1)(c). A school
770 district’s failure to comply with s. 1012.22(1)(c) fails to
771 maximize student learning by not providing the appropriate
772 incentives to attract and retain quality classroom teachers and
773 school-based administrators. As a result, students are penalized
774 for the acts or omissions of district school boards or district
775 school superintendents.
776 (c) A school district that fails to adopt and implement
777 end-of-course assessments that comply with s. 1008.222
778 frustrates the purpose of ensuring that each student has a high
779 quality teacher in his or her classroom by preventing the
780 determination of the quality of a classroom teacher’s or school
781 based administrator’s performance.
782 (d) A school district that fails to comply with s. 1012.335
783 frustrates the purpose of ensuring that each student has a high
784 quality teacher in his or her classroom by preventing the school
785 district from promptly removing a poor-performing classroom
786 teacher from the classroom and employment.
787 (3) PERFORMANCE FUND.—Effective with the beginning of the
788 2011-2012 year and each year thereafter, the Performance Fund
789 for Instructional Personnel and School-Based Administrators is
790 established.
791 (4) CALCULATION OF THE FUND.—The Commissioner of Education
792 shall calculate for the second calculation for each district and
793 charter school an amount of state funds equivalent to 5 percent
794 of the total state, local, and federal funding determined by the
795 Florida Education Finance Program under ss. 1011.62, 1011.685,
796 and 1011.71(1) and (3). Such funds shall be designated as each
797 district’s and charter school’s annual Performance Fund for
798 Instructional Personnel and School-Based Administrators.
799 (5) DISTRIBUTION OF THE FUND.—
800 (a) The commissioner shall distribute these funds in
801 accordance with the provisions of s. 1011.62(12) to a district
802 for the implementation of a salary schedule adopted by the
803 district school board pursuant to s. 1012.22, implementation of
804 a performance appraisal system pursuant to s. 1012.34, and the
805 development of end-of-course assessments pursuant to s.
806 1008.222. The funds may not be used to increase the base
807 salaries or salary adjustments of employees rated as
808 unsatisfactory or needs improvement pursuant to s. 1012.34.
809 (b) If funds remain in a district’s Performance Fund for
810 Instructional Personnel and School-Based Administrators after
811 the end-of-course assessments in s. 1008.222, performance
812 appraisal system requirements in s. 1012.34, and salary schedule
813 requirements in s. 1012.22 have been met, the balance may be
814 used by the district for the same purpose as funds provided
815 pursuant to s. 1011.62(1)(t). Any funds remaining in a
816 district’s fund at the end of the state fiscal year shall revert
817 to the fund from which they were appropriated.
818 (c) A salary increase awarded from these funds shall be
819 awarded in addition to any general increase or other adjustments
820 to salaries which are made by a school district. An employee’s
821 eligibility for or receipt of a salary increase shall not
822 adversely affect that employee’s opportunity to qualify for or
823 to receive any other compensation that is made generally
824 available to other similarly situated district school board
825 employees.
826 (d) Each district shall annually set aside sufficient
827 federal grant funds to ensure that the policies described in
828 this section are equally applied to eligible individuals paid
829 from federal grants.
830 (6) REVIEW.—
831 (a) Beginning with the 2014-2015 fiscal year and each
832 fiscal year thereafter, each district school board must submit
833 the district-adopted salary schedule for the school year and
834 supporting documentation to the commissioner for review on or
835 before October 1 of each year. On or before December 15 of each
836 year, the commissioner shall complete a review of each salary
837 schedule submitted for that school year, determine compliance
838 with s. 1012.22(1)(c), and notify a district school board if the
839 district salary schedule fails to meet the requirements in s.
840 1012.22(1)(c). The commissioner shall certify those school
841 districts that do not comply with s. 1012.22(1)(c) to the
842 Governor, the President of the Senate, and the Speaker of the
843 House of Representatives on or before February 15 of each year.
844 (b) Beginning with the 2013-2014 fiscal year and
845 thereafter, the commissioner shall select a sampling of school
846 district end-of-course assessments from multiple districts, and
847 school districts must submit for review the requested
848 assessments and supporting documentation on or before October 1
849 of each year. A school district that fails to provide the
850 requested assessment to the commissioner on or before October 1
851 of each year is in violation of s. 1008.222. On or before
852 December 15 of each year, the commissioner shall complete a
853 review of each selected assessment, determine compliance with s.
854 1008.222, and notify a district school board if the selected
855 assessment fails to meet the requirements in s. 1008.222. The
856 commissioner shall certify those school districts that do not
857 comply with s. 1008.222 to the Governor, the President of the
858 Senate, and the Speaker of the House of Representatives on or
859 before February 15 of each year.
860 (c) In the financial audit of each school district,
861 performed by either the Auditor General or an independent
862 certified public accountant in accordance with s. 218.39, the
863 auditor shall review a sample of classroom teacher contracts and
864 determine compliance with s. 1012.335. The sample shall be
865 selected in accordance with guidelines established by the
866 American Institute of Certified Public Accountants. The auditor
867 shall document violations of s. 1012.335 and provide the
868 documentation to the Commissioner of Education on or before
869 October 1 of each year following the audit. On or before
870 December 15 of each year, the commissioner shall notify the
871 Governor, the President of the Senate, the Speaker of the House
872 of Representatives, and each school district identified in the
873 audit that has not complied with s. 1012.335.
874 (7) FUNDING ADJUSTMENT.—A school district that is certified
875 by the commissioner as not in compliance with the law as
876 described in paragraph (6)(a), paragraph (6)(b), or paragraph
877 (6)(c) shall receive a funding adjustment equal to the amount
878 calculated in subsection (4). Such funding adjustment shall be
879 implemented through the withholding of undistributed funds to
880 which the district is otherwise entitled. To the extent a
881 district’s undistributed funds are insufficient to fully satisfy
882 the funding adjustment, the unsatisfied balance shall be
883 withheld from the district’s operating funds for the subsequent
884 fiscal year in the form of a prior year adjustment.
885 (8) RULEMAKING.—The State Board of Education shall adopt
886 rules pursuant to ss. 120.536(1) and 120.54 to implement this
887 section. Such rules shall include the documentation requirements
888 for districts, processes and criteria used for determining
889 whether the salary schedule, performance appraisal system, and
890 end-of-course assessments comply with this section, and the
891 reporting and monitoring processes that will be used to ensure
892 compliance with the use of funds distributed under paragraph
893 (5)(a).
894 Section 19. Subsection (2) of section 1011.69, Florida
895 Statutes, is amended to read:
896 1011.69 Equity in School-Level Funding Act.—
897 (2) Beginning in the 2003-2004 fiscal year, district school
898 boards shall allocate to schools within the district an average
899 of 90 percent of the funds generated by all schools and
900 guarantee that each school receives at least 80 percent of the
901 funds generated by that school based upon the Florida Education
902 Finance Program as provided in s. 1011.62 and the General
903 Appropriations Act, including gross state and local funds,
904 discretionary lottery funds, and funds from the school
905 district’s current operating discretionary millage levy. Total
906 funding for each school shall be recalculated during the year to
907 reflect the revised calculations under the Florida Education
908 Finance Program by the state and the actual weighted full-time
909 equivalent students reported by the school during the full-time
910 equivalent student survey periods designated by the Commissioner
911 of Education. If the district school board is providing programs
912 or services to students funded by federal funds, any eligible
913 students enrolled in the schools in the district shall be
914 provided federal funds. Only academic performance-based charter
915 school districts, pursuant to s. 1003.62, are exempt from the
916 provisions of this section.
917 Section 20. Subsection (4) of section 1012.05, Florida
918 Statutes, is amended to read:
919 1012.05 Teacher recruitment and retention.—
920 (4) The Department of Education, in cooperation with
921 district personnel offices, may shall sponsor virtual job fairs
922 a job fair in a central part of the state to match high-quality,
923 in-state educators and potential educators and out-of-state
924 educators and potential educators with teaching opportunities in
925 this state. The Department of Education is authorized to collect
926 a job fair registration fee not to exceed $20 per person and a
927 booth fee not to exceed $250 per school district or other
928 interested participating organization. The revenue from the fees
929 shall be used to promote and operate the job fair. Funds may be
930 used to purchase promotional items such as mementos, awards, and
931 plaques.
932 Section 21. Section 1012.07, Florida Statutes, is amended
933 to read:
934 1012.07 Identification of critical teacher shortage areas.—
935 (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
936 “critical teacher shortage area” means high-need content areas
937 applies to mathematics, science, career education, and high
938 priority high priority location areas identified by. the State
939 Board of Education may identify career education programs having
940 critical teacher shortages. The State Board of Education shall
941 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
942 annually identify other critical teacher shortage areas and high
943 priority location areas. The state board must shall also
944 consider current and emerging educational requirements and
945 workforce demands teacher characteristics such as ethnic
946 background, race, and sex in determining critical teacher
947 shortage areas. School grade levels may also be designated
948 critical teacher shortage areas. Individual district school
949 boards may identify and submit other critical teacher shortage
950 areas. Such submissions shortages must be aligned to current and
951 emerging educational requirements and workforce demands in order
952 to be certified to and approved by the State Board of Education.
953 High-priority High priority location areas shall be in high
954 density, low-economic urban schools, and low-density, low
955 economic rural schools, and schools identified as lowest
956 performing under s. 1008.33(4)(b) shall include schools which
957 meet criteria which include, but are not limited to, the
958 percentage of free lunches, the percentage of students under
959 Chapter I of the Education Consolidation and Improvement Act of
960 1981, and the faculty attrition rate.
961 (2) This section shall be implemented only to the extent as
962 specifically funded and authorized by law.
963 Section 22. Effective July 1, 2014, paragraph (c) of
964 subsection (1) of section 1012.22, Florida Statutes, is amended
965 to read:
966 1012.22 Public school personnel; powers and duties of the
967 district school board.—The district school board shall:
968 (1) Designate positions to be filled, prescribe
969 qualifications for those positions, and provide for the
970 appointment, compensation, promotion, suspension, and dismissal
971 of employees as follows, subject to the requirements of this
972 chapter:
973 (c) Compensation and salary schedules.—
974 1.a. As provided in this paragraph, the district school
975 board shall adopt a salary schedule that compensates employees
976 based on their performance. The district school board shall
977 adopt a salary schedule or salary schedules designed to furnish
978 incentives for improvement in training and for continued
979 efficient service to be used as a basis for paying all school
980 employees and fix and authorize the compensation of school
981 employees on the basis thereof.
982 b.2. A district school board, in determining the salary
983 adjustments schedule for instructional personnel and school
984 based administrators, must base a portion of each employee’s
985 adjustment only compensation on performance demonstrated under
986 s. 1012.34, must consider the prior teaching experience of a
987 person who has been designated state teacher of the year by any
988 state in the United States, and must consider prior professional
989 experience in the field of education gained in positions in
990 addition to district level instructional and administrative
991 positions.
992 c.3. In developing the salary schedule, the district school
993 board shall seek input from parents, teachers, and
994 representatives of the business community.
995 2.4. Beginning with the 2007-2008 academic year, Each
996 district school board shall adopt a salary adjustment for
997 schedule with differentiated pay for both instructional
998 personnel and school-based administrators. The salary schedule
999 is subject to negotiation as provided in chapter 447 and must
1000 allow differentiated pay based on the following:
1001 a. Assignment to a school in a high-priority location area,
1002 as defined in State Board of Education rule, with continued
1003 differentiated pay contingent upon documentation of performance
1004 under s. 1012.34;
1005 b. Certification and teaching in critical teacher shortage
1006 areas, as defined in State Board of Education rule, with
1007 continued differentiated pay contingent upon documentation of
1008 performance under s. 1012.34; and
1009 c. Assignment of additional academic responsibilities, with
1010 continued differentiated pay contingent upon documentation of
1011 performance under s. 1012.34.
1012 3. A district school board shall adopt a salary schedule
1013 for beginning and renewing teachers as follows:
1014 a. A beginning teacher. For purposes of this sub
1015 subparagraph, the term “beginning teacher” is a classroom
1016 teacher as defined in s. 1012.01(2)(a) who has no prior K-12
1017 teaching experience.
1018 b. A teacher who holds a valid professional standard
1019 certificate issued by another state and who is hired by the
1020 district school board.
1021 c. A teacher who holds a valid professional certificate
1022 issued pursuant to s. 1012.56, who has not taught in the
1023 classroom at any time during the previous certification period,
1024 and who is hired by the district school board.
1025 4. The salary schedule in subparagraph 3. shall be in
1026 effect only for the first year that the teacher provides
1027 instruction in a Florida K-12 classroom. A district school board
1028 may not use length of service or degrees held as a factor in
1029 setting a salary schedule district-determined factors,
1030 including, but not limited to, additional responsibilities,
1031 school demographics, critical shortage areas, and level of job
1032 performance difficulties.
1033 Section 23. Section 1012.225, Florida Statutes, is
1034 repealed.
1035 Section 24. Section 1012.2251, Florida Statutes, is
1036 repealed.
1037 Section 25. Subsection (5) of section 1012.33, Florida
1038 Statutes, is amended to read:
1039 1012.33 Contracts with instructional staff, supervisors,
1040 and school principals.—
1041 (5) Should a district school board have to choose from
1042 among its personnel who are on continuing contracts or
1043 professional service contracts as to which should be retained,
1044 such decisions shall be based primarily upon the employee’s
1045 performance as provided in s. 1012.34 made pursuant to the terms
1046 of a collectively bargained agreement, when one exists. If no
1047 such agreement exists, the district school board shall prescribe
1048 rules to handle reductions in workforce.
1049 Section 26. Section 1012.335, Florida Statutes, is created
1050 to read:
1051 1012.335 Contracts with classroom teachers hired on or
1052 after July 1, 2010.—
1053 (1) DEFINITIONS.—As used in this section, the term:
1054 (a) “Annual contract” means a contract for a period of no
1055 longer than 1 school year in which the district school board may
1056 choose to renew or not renew without cause.
1057 (b) “Classroom teacher” means a classroom teacher as
1058 defined in s. 1012.01(2)(a), excluding substitute teachers.
1059 (c) “Probationary contract” means a contract for a period
1060 of no longer than 1 school year during which a classroom teacher
1061 may be dismissed without cause or may resign from the
1062 contractual position without breach of contract.
1063 (2) EMPLOYMENT.—
1064 (a) Beginning July 1, 2010, each person newly hired as a
1065 classroom teacher by a school district shall receive a
1066 probationary contract.
1067 (b) A classroom teacher may receive up to four annual
1068 contracts in a school district in this state if the teacher:
1069 1. Holds a professional certificate as prescribed by s.
1070 1012.56 and in the rules of the State Board of Education; and
1071 2. Has been recommended by the district school
1072 superintendent for the annual contract and approved by the
1073 district school board.
1074 (c) A classroom teacher may not receive an annual contract
1075 for the 6th year of teaching and thereafter unless the classroom
1076 teacher:
1077 1. Holds a professional certificate as prescribed by s.
1078 1012.56 and in the rules of the State Board of Education;
1079 2. Has been recommended by the district school
1080 superintendent for the annual contract and approved by the
1081 district school board; and
1082 3. Has received an effective or highly effective
1083 designation on his or her appraisal pursuant to s. 1012.34 in at
1084 least 2 of the 3 preceding years for each year an annual
1085 contract is sought.
1086 (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
1087 CONTRACT.—A classroom teacher who has an annual contract may be
1088 suspended or dismissed at any time during the term of the
1089 contract for just cause as provided in subsection (4). The
1090 district school board must notify a classroom teacher in writing
1091 whenever charges are made against the classroom teacher, and the
1092 district school board may suspend him or her without pay.
1093 However, if the charges are not sustained, the classroom teacher
1094 shall be immediately reinstated and his or her back pay shall be
1095 paid.
1096 (4) JUST CAUSE.—The State Board of Education shall adopt
1097 rules to define the term “just cause.” Just cause includes, but
1098 is not limited to:
1099 (a) Immorality.
1100 (b) Misconduct in office.
1101 (c) Incompetency.
1102 (d) Gross insubordination.
1103 (e) Willful neglect of duty.
1104 (f) Being convicted or found guilty of, or entering a plea
1105 of guilty to, regardless of adjudication of guilt, any crime
1106 involving moral turpitude.
1107 (g) Poor performance as demonstrated by a lack of student
1108 learning gains, as specified in s. 1012.34.
1109 Section 27. Section 1012.34, Florida Statutes, is amended
1110 to read:
1111 1012.34 Appraisal Assessment procedures and criteria.—
1112 (1) For the purpose of increasing student achievement by
1113 improving the quality of instructional, administrative, and
1114 supervisory services in the public schools of the state, the
1115 district school superintendent shall establish procedures for
1116 evaluating assessing the performance of duties and
1117 responsibilities of all instructional, administrative, and
1118 supervisory personnel employed by the school district. The
1119 Department of Education must approve each district’s
1120 instructional personnel appraisal assessment system and
1121 appraisal instruments. The Department of Education must approve
1122 each school-based administrator appraisal system and appraisal
1123 instruments. The department shall collect from each school
1124 district the annual performance ratings of all instructional and
1125 school-based administrative personnel and report the percentage
1126 of each of these employees receiving each rating category by
1127 school and by district to the Governor, the President of the
1128 Senate, and the Speaker of the House of Representatives.
1129 (2) The following conditions must be considered in the
1130 design of the district’s instructional personnel appraisal
1131 assessment system:
1132 (a) The system must be designed to support high-quality
1133 instruction and increased academic achievement district and
1134 school level improvement plans.
1135 (b) The system must provide appropriate appraisal
1136 instruments, procedures, and criteria for continuous quality
1137 improvement of the professional skills of instructional
1138 personnel.
1139 (c) The system must include a mechanism to examine
1140 performance data from multiple sources, which includes giving
1141 give parents an opportunity to provide input into employee
1142 performance appraisals assessments when appropriate.
1143 (d) In addition to addressing generic teaching
1144 competencies, districts must determine those teaching fields for
1145 which special procedures and criteria will be developed.
1146 (e) Each district school board may establish a peer
1147 assistance process. The plan may provide a mechanism for
1148 assistance of persons who are placed on performance probation as
1149 well as offer assistance to other employees who request it.
1150 (f) Each The district school board shall provide training
1151 programs that are based upon guidelines provided by the
1152 Department of Education to ensure that all individuals with
1153 evaluation responsibilities understand the proper use of the
1154 appraisal assessment criteria and procedures.
1155 (g) The system must differentiate among four levels of
1156 performance: unsatisfactory, needs improvement, effective, and
1157 highly effective. The Commissioner of Education shall consult
1158 with performance pay experts and classroom teachers in
1159 developing the performance levels. Beginning with the 2014-2015
1160 school year and thereafter, instructional personnel and school
1161 based administrators may not be rated as effective or highly
1162 effective if their students fail to demonstrate learning gains.
1163 (h) The system must include a process for monitoring the
1164 effective and consistent use of appraisal criteria by
1165 supervisors and administrators and a process for evaluating the
1166 effectiveness of the system itself in improving the level of
1167 instruction and learning in the district’s schools.
1168 (3) The appraisal assessment procedure for instructional
1169 personnel and school administrators must be primarily based on
1170 the performance of students assigned to their classrooms or
1171 schools, as described in paragraph (a) appropriate. Pursuant to
1172 this section, A school district’s performance appraisal
1173 assessment is not limited to basing unsatisfactory performance
1174 of instructional personnel and school administrators upon
1175 student performance, but may include other criteria approved to
1176 evaluate assess instructional personnel and school
1177 administrators’ performance, or any combination of student
1178 performance and other approved criteria. The procedures must
1179 comply with, but are not limited to, the following requirements:
1180 (a) An appraisal assessment must be conducted for each
1181 employee at least once a year, except that an appraisal for each
1182 teacher, as described in s. 1012.22(1)(c)3., must be conducted
1183 at least twice a year. The assessment must be based upon sound
1184 educational principles and contemporary research in effective
1185 educational practices. The assessment must primarily use data
1186 and indicators of improvement in student performance assessed
1187 annually as specified in s. 1008.22 and may consider results of
1188 peer reviews in evaluating the employee’s performance. Student
1189 performance must be measured by state assessments required under
1190 s. 1008.22 and by local assessments for subjects and grade
1191 levels not measured by the state assessment program. The
1192 appraisal assessment criteria must include, but are not limited
1193 to, indicators that relate to the following:
1194 1. Performance of students.
1195 a. Beginning with the 2014-2015 school year and thereafter,
1196 for the classroom teacher, the learning gains of students
1197 assigned to the teacher must comprise more than 50 percent of
1198 the determination of the classroom teacher’s performance.
1199 Beginning with the 2014-2015 school year and thereafter, for
1200 instructional personnel, who are not classroom teachers, the
1201 learning gains of students assigned to the school must comprise
1202 more than 50 percent of the determination of the individual’s
1203 performance. A school district may use the learning gains of
1204 students assigned to the classroom teacher for the preceding 3
1205 years, or, for instructional personnel who are not classroom
1206 teachers, the learning gains of students assigned to the school
1207 for the preceding 3 years, to determine the individual’s
1208 performance. For purposes of this sub-subparagraph, “school”
1209 means the school to which the instructional personnel, who is
1210 not a classroom teacher, was assigned for the last 3 years.
1211 Student learning gains are measured by state assessments
1212 required under s. 1008.22, examinations in AP, IB, AICE, or a
1213 national industry certification identified in the Industry
1214 Certification Funding List pursuant to rules adopted by the
1215 State Board of Education, or district assessments for subject
1216 areas and grade levels as required under s. 1008.222.
1217 b. For instructional personnel, more than 50 percent of the
1218 determination of the individual’s performance must be based on
1219 the performance of students assigned to their classrooms or
1220 schools, as appropriate. Student performance must be measured by
1221 state assessments required under s. 1008.22 and by local
1222 assessments for subjects and grade levels not measured by the
1223 state assessment program. This sub-subparagraph expires July 1,
1224 2014.
1225 2. Instructional practice. For instructional personnel,
1226 performance criteria must be based on the Florida Educator
1227 Accomplished Practices adopted by the State Board of Education
1228 by rule, which include:
1229 a. Ability to maintain appropriate discipline.
1230 b.3. Knowledge of subject matter. The district school board
1231 shall make special provisions for evaluating teachers who are
1232 assigned to teach out-of-field.
1233 c.4. Ability to plan and deliver effective instruction and
1234 the effective use of technology in the classroom.
1235 d.5. Ability to use assessment data and other evidence of
1236 student learning to design and implement differentiated
1237 instructional strategies in order to meet individual student
1238 needs for remediation or acceleration evaluate instructional
1239 needs.
1240 e.6. Ability to establish and maintain a positive
1241 collaborative relationship with students’ families to increase
1242 student achievement.
1243 f.7. Other professional competencies, responsibilities, and
1244 requirements as established by rules of the State Board of
1245 Education and policies of the district school board.
1246 3. Instructional leadership performance.
1247 a. Beginning with the 2014-2015 school year and thereafter,
1248 for a school-based administrator, the learning gains of students
1249 assigned to the school must comprise more than 50 percent of the
1250 determination of the school-based administrator’s performance. A
1251 school district may use the learning gains of students assigned
1252 to the school for the preceding 3 years to determine the school
1253 based administrator’s performance. For purposes of this sub
1254 subparagraph, “school” means the school to which the
1255 administrator was assigned for the last 3 years. Student
1256 learning gains are measured by state assessments required under
1257 s. 1008.22, examinations in AP, IB, AICE, or a national industry
1258 certification identified in the Industry Certification Funding
1259 List pursuant to rules adopted by the State Board of Education,
1260 or district assessments for subject areas and grade levels as
1261 required under s. 1008.222.
1262 b. For school-based administrators, more than 50 percent of
1263 the determination of the individual’s performance must be based
1264 on the performance of students assigned to their schools.
1265 Student performance must be measured by state assessments
1266 required under s. 1008.22 and by local assessments for subjects
1267 and grade levels not measured by the state assessment program.
1268 This sub-subparagraph expires July 1, 2014.
1269 4. Instructional leadership practice. For a school-based
1270 administrator, performance criteria must be based on the Florida
1271 Principal Leadership Standards adopted by the State Board of
1272 Education under s. 1012.986, which includes the ability to:
1273 a. Manage human, financial, and material resources so as to
1274 maximize the share of resources used for direct instruction, as
1275 opposed to overhead or other purposes; and
1276 b. Recruit and retain high-performing teachers.
1277 (b) All personnel must be fully informed of the criteria
1278 and procedures associated with the appraisal assessment process
1279 before the appraisal assessment takes place.
1280 (c) The individual responsible for supervising the employee
1281 must evaluate assess the employee’s performance. The evaluator
1282 must submit a written report of the appraisal assessment to the
1283 district school superintendent for the purpose of reviewing the
1284 employee’s contract. The evaluator must submit the written
1285 report to the employee no later than 10 days after the appraisal
1286 assessment takes place. The evaluator must discuss the written
1287 report of the appraisal assessment with the employee. The
1288 employee shall have the right to initiate a written response to
1289 the appraisal assessment, and the response shall become a
1290 permanent attachment to his or her personnel file.
1291 (d) If an employee is not performing his or her duties in a
1292 satisfactory manner, the evaluator shall notify the employee in
1293 writing of such determination. The notice must describe such
1294 unsatisfactory performance and include notice of the following
1295 procedural requirements:
1296 1. Upon delivery of a notice of unsatisfactory performance,
1297 the evaluator must confer with the employee, make
1298 recommendations with respect to specific areas of unsatisfactory
1299 performance, and provide assistance in helping to correct
1300 deficiencies within a prescribed period of time.
1301 2.a. If the employee holds an annual contract as provided
1302 in s. 1012.335, and receives an unsatisfactory performance
1303 appraisal pursuant to the criteria in subparagraph (a)2., the
1304 employee may request a review of the appraisal by the district
1305 school superintendent or his or her designee. The district
1306 school superintendent may review the employee’s appraisal.
1307 b. If the employee holds a professional service contract as
1308 provided in s. 1012.33, the employee shall be placed on
1309 performance probation and governed by the provisions of this
1310 section for 90 calendar days following the receipt of the notice
1311 of unsatisfactory performance to demonstrate corrective action.
1312 School holidays and school vacation periods are not counted when
1313 calculating the 90-calendar-day period. During the 90 calendar
1314 days, the employee who holds a professional service contract
1315 must be evaluated periodically and apprised of progress achieved
1316 and must be provided assistance and inservice training
1317 opportunities to help correct the noted performance
1318 deficiencies. At any time during the 90 calendar days, the
1319 employee who holds a professional service contract may request a
1320 transfer to another appropriate position with a different
1321 supervising administrator; however, a transfer does not extend
1322 the period for correcting performance deficiencies.
1323 c.b. Within 14 days after the close of the 90 calendar
1324 days, the evaluator must evaluate assess whether the performance
1325 deficiencies have been corrected and forward a recommendation to
1326 the district school superintendent. Within 14 days after
1327 receiving the evaluator’s recommendation, the district school
1328 superintendent must notify the employee who holds a professional
1329 service contract in writing whether the performance deficiencies
1330 have been satisfactorily corrected and whether the district
1331 school superintendent will recommend that the district school
1332 board continue or terminate his or her employment contract. If
1333 the employee wishes to contest the district school
1334 superintendent’s recommendation, the employee must, within 15
1335 days after receipt of the district school superintendent’s
1336 recommendation, submit a written request for a hearing. The
1337 hearing shall be conducted at the district school board’s
1338 election in accordance with one of the following procedures:
1339 (I) A direct hearing conducted by the district school board
1340 within 60 days after receipt of the written appeal. The hearing
1341 shall be conducted in accordance with the provisions of ss.
1342 120.569 and 120.57. A majority vote of the membership of the
1343 district school board shall be required to sustain the district
1344 school superintendent’s recommendation. The determination of the
1345 district school board shall be final as to the sufficiency or
1346 insufficiency of the grounds for termination of employment; or
1347 (II) A hearing conducted by an administrative law judge
1348 assigned by the Division of Administrative Hearings of the
1349 Department of Management Services. The hearing shall be
1350 conducted within 60 days after receipt of the written appeal in
1351 accordance with chapter 120. The recommendation of the
1352 administrative law judge shall be made to the district school
1353 board. A majority vote of the membership of the district school
1354 board shall be required to sustain or change the administrative
1355 law judge’s recommendation. The determination of the district
1356 school board shall be final as to the sufficiency or
1357 insufficiency of the grounds for termination of employment.
1358 (4) The district school superintendent shall notify the
1359 department of any instructional personnel who receive two
1360 consecutive unsatisfactory evaluations and who have been given
1361 written notice by the district that their employment is being
1362 terminated or is not being renewed or that the district school
1363 board intends to terminate, or not renew, their employment. The
1364 department shall conduct an investigation to determine whether
1365 action shall be taken against the certificateholder pursuant to
1366 s. 1012.795(1)(c).
1367 (5) The district school superintendent shall develop a
1368 mechanism for evaluating the effective use of appraisal
1369 assessment criteria and evaluation procedures by administrators
1370 who are assigned responsibility for evaluating the performance
1371 of instructional personnel. The use of the appraisal assessment
1372 and evaluation procedures shall be considered as part of the
1373 annual appraisal assessment of the administrator’s performance.
1374 The system must include a mechanism to give parents and teachers
1375 an opportunity to provide input into the administrator’s
1376 performance assessment, when appropriate.
1377 (6) Nothing in this section shall be construed to grant a
1378 probationary employee a right to continued employment beyond the
1379 term of his or her contract.
1380 (7) The district school board shall establish a procedure
1381 annually reviewing instructional personnel appraisal assessment
1382 systems to determine compliance with this section. All
1383 substantial revisions to an approved system must be reviewed and
1384 approved by the district school board before being used to
1385 evaluate assess instructional personnel. Upon request by a
1386 school district, the department shall provide assistance in
1387 developing, improving, or reviewing an appraisal assessment
1388 system.
1389 (8) The State Board of Education shall adopt rules pursuant
1390 to ss. 120.536(1) and 120.54, that establish uniform guidelines
1391 for the submission, review, and approval of district procedures
1392 for the annual appraisal assessment of instructional personnel
1393 and school-based administrative personnel and that include the
1394 method of calculating rates of student learning tied to
1395 differentiated levels of performance as provided for in
1396 paragraph (2)(g) and criteria for evaluating professional
1397 performance.
1398 Section 28. Subsection (3) is added to section 1012.42,
1399 Florida Statutes, to read:
1400 1012.42 Teacher teaching out-of-field.—
1401 (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011
1402 school year, a district school board shall not assign any
1403 beginning teacher to teach reading, science, or mathematics if
1404 he or she is not certified in reading, science, or mathematics.
1405 Section 29. Section 1012.52, Florida Statutes, is repealed.
1406 Section 30. Paragraph (c) of subsection (2), subsections
1407 (5), (6), and (7), paragraph (b) of subsection (9), and
1408 subsection (17) of section 1012.56, Florida Statutes, are
1409 amended to read:
1410 1012.56 Educator certification requirements.—
1411 (2) ELIGIBILITY CRITERIA.—To be eligible to seek
1412 certification, a person must:
1413 (c) Document receipt of a bachelor’s or higher degree from
1414 an accredited institution of higher learning, or a nonaccredited
1415 institution of higher learning that the Department of Education
1416 has identified as having a quality program resulting in a
1417 bachelor’s degree, or higher. Each applicant seeking initial
1418 certification must have attained at least a 2.5 overall grade
1419 point average on a 4.0 scale in the applicant’s major field of
1420 study. The applicant may document the required education by
1421 submitting official transcripts from institutions of higher
1422 education or by authorizing the direct submission of such
1423 official transcripts through established electronic network
1424 systems. The bachelor’s or higher degree may not be required in
1425 areas approved in rule by the State Board of Education as
1426 nondegreed areas. The State Board of Education may adopt rules
1427 that, for purposes of demonstrating completion of certification
1428 requirements specified in state board rule, allow for the
1429 acceptance of college course credits recommended by the American
1430 Council on Education (ACE), as posted on an official ACE
1431 transcript.
1432 (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
1433 demonstrating mastery of subject area knowledge are:
1434 (a) Achievement of passing scores on subject area
1435 examinations required by state board rule, which may include,
1436 but need not be limited to, world languages in Arabic, Chinese,
1437 Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1438 Italian, Japanese, Portuguese, Russian, and Spanish;
1439 (b) Completion of a bachelor’s degree or higher and
1440 verification of the attainment of an oral proficiency interview
1441 score above the intermediate level and a written proficiency
1442 score above the intermediate level on a test administered by the
1443 American Council on the Teaching of Foreign Languages for which
1444 there is no Florida-developed examination;
1445 (c) Completion of the subject area specialization
1446 requirements specified in state board rule and verification of
1447 the attainment of the essential subject matter competencies by
1448 the district school superintendent of the employing school
1449 district or chief administrative officer of the employing state
1450 supported or private school for a subject area for which a
1451 subject area examination has not been developed and required by
1452 state board rule;
1453 (d) Completion of the subject area specialization
1454 requirements specified in state board rule for a subject
1455 coverage requiring a master’s or higher degree and achievement
1456 of a passing score on the subject area examination specified in
1457 state board rule;
1458 (e) A valid professional standard teaching certificate
1459 issued by another state and achievement of a passing score on
1460 the subject area exam specified in State Board of Education rule
1461 or by a full demonstration of mastery of his or her ability to
1462 teach the subject area for which he or she is seeking
1463 certification, as provided by rules of the State Board of
1464 Education; or
1465 (f) A valid certificate issued by the National Board for
1466 Professional Teaching Standards or a national educator
1467 credentialing board approved by the State Board of Education.
1468
1469 School districts are encouraged to provide mechanisms for those
1470 middle school teachers holding only a K-6 teaching certificate
1471 to obtain a subject area coverage for middle grades through
1472 postsecondary coursework or district add-on certification.
1473 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1474 COMPETENCE.—Acceptable means of demonstrating mastery of
1475 professional preparation and education competence are:
1476 (a) Completion of an approved teacher preparation program
1477 at a postsecondary educational institution within this state and
1478 achievement of a passing score on the professional education
1479 competency examination required by state board rule;
1480 (b) Completion of a teacher preparation program at a
1481 postsecondary educational institution outside Florida and
1482 achievement of a passing score on the professional education
1483 competency examination required by state board rule;
1484 (c) A valid professional standard teaching certificate
1485 issued by another state;
1486 (d) A valid certificate issued by the National Board for
1487 Professional Teaching Standards or a national educator
1488 credentialing board approved by the State Board of Education;
1489 (e) Documentation of two semesters of successful teaching
1490 in a community college, state university, or private college or
1491 university that awards an associate or higher degree and is an
1492 accredited institution or an institution of higher education
1493 identified by the Department of Education as having a quality
1494 program;
1495 (f) Completion of professional preparation courses as
1496 specified in state board rule, successful completion of a
1497 professional education competence demonstration program pursuant
1498 to paragraph (8)(b), and achievement of a passing score on the
1499 professional education competency examination required by state
1500 board rule;
1501 (g) Successful completion of a professional preparation
1502 alternative certification and education competency program,
1503 outlined in paragraph (8)(a); or
1504 (h) Successful completion of an alternative certification
1505 program pursuant to s. 1004.85 and achievement of a passing
1506 score on the professional education competency examination
1507 required by rule of the State Board of Education; or.
1508 (i) Successful completion of a professional education
1509 training program provided by Teach for America and achievement
1510 of a passing score on the professional education competency
1511 examination required by rule of the State Board of Education.
1512 (7) TYPES AND TERMS OF CERTIFICATION.—
1513 (a) The Department of Education shall issue a professional
1514 certificate for a period not to exceed 5 years to any applicant
1515 who meets all the requirements outlined in subsection (2).
1516 (b) The department shall issue a temporary certificate to
1517 any applicant who meets the following requirements:
1518 1. Completes the requirements outlined in paragraphs
1519 (2)(a)-(f); and
1520 2.a. Completes the subject area content requirements
1521 specified in state board rule; or
1522 b. Demonstrates mastery of subject area knowledge pursuant
1523 to subsection (5); and
1524 3. Holds an accredited degree or a degree approved by the
1525 Department of Education at the level required for the subject
1526 area specialization in state board rule.
1527 (c) The department shall issue one nonrenewable 2-year
1528 temporary certificate and one nonrenewable 5-year professional
1529 certificate to a qualified applicant who holds a bachelor’s
1530 degree in the area of speech-language impairment to allow for
1531 completion of a master’s degree program in speech-language
1532 impairment.
1533
1534 Each temporary certificate is valid for 3 school fiscal years
1535 and is nonrenewable. However, the requirement in paragraphs
1536 paragraph (2)(g) and (h) must be met within 1 calendar year of
1537 the date of employment under the temporary certificate.
1538 Individuals who are employed under contract at the end of the 1
1539 calendar year time period may continue to be employed through
1540 the end of the school year in which they have been contracted. A
1541 school district shall not employ, or continue the employment of,
1542 an individual in a position for which a temporary certificate is
1543 required beyond this time period if the individual has not met
1544 the requirement of paragraph (2)(g) or paragraph (2)(h). The
1545 State Board of Education shall adopt rules to allow the
1546 department to extend the validity period of a temporary
1547 certificate for 2 years when the requirements for the
1548 professional certificate, not including the requirement in
1549 paragraph (2)(g) or paragraph (2)(h), were not completed due to
1550 the serious illness or injury of the applicant or other
1551 extraordinary extenuating circumstances. The department shall
1552 reissue the temporary certificate for 2 additional years upon
1553 approval by the Commissioner of Education. A written request for
1554 reissuance of the certificate shall be submitted by the district
1555 school superintendent, the governing authority of a university
1556 lab school, the governing authority of a state-supported school,
1557 or the governing authority of a private school.
1558 (9) EXAMINATIONS.—
1559 (b) The State Board of Education shall, by rule, specify
1560 the examination scores that are required for the issuance of a
1561 professional certificate and temporary certificate. Such rules
1562 must define generic subject area and reading instruction
1563 competencies and must establish uniform evaluation guidelines.
1564 The State Board of Education shall review the current subject
1565 area examinations and, if necessary, revise the passing scores
1566 and reading instruction pursuant to s. 1001.215 required for
1567 achieving certification in order to match expectations for
1568 teacher competency in each subject area.
1569 (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.
1570 Beginning with the 2003-2004 school year, The Department of
1571 Education shall conduct a longitudinal study to compare
1572 performance of certificateholders who are employed in Florida
1573 school districts. The study shall compare a sampling of
1574 educators who have qualified for a professional certificate
1575 since July 1, 2002, based on the following:
1576 (a) Graduation from a state-approved teacher preparation
1577 program.
1578 (b) Completion of a state-approved professional preparation
1579 and education competency program.
1580 (c) A valid standard teaching certificate issued by a state
1581 other than Florida.
1582
1583 The department comparisons shall be made to determine if there
1584 is any significant difference in the performance of these groups
1585 of teachers, as measured by their students’ achievement levels
1586 and learning gains as measured by s. 1008.22.
1587 Section 31. Paragraph (b) of subsection (2) and subsection
1588 (5) of section 1012.585, Florida Statutes, are amended, and
1589 subsection (6) is added to that section, to read:
1590 1012.585 Process for renewal of professional certificates.—
1591 (2)
1592 (b) A teacher with national certification from the National
1593 Board for Professional Teaching Standards is deemed to meet
1594 state renewal requirements for the life of the teacher’s
1595 national certificate in the subject shown on the national
1596 certificate. A complete renewal application and fee shall be
1597 submitted. The Commissioner of Education shall notify teachers
1598 of the renewal application and fee requirements. This paragraph
1599 expires July 1, 2014.
1600 (5) The State Board of Education shall adopt rules to allow
1601 the reinstatement of expired professional certificates. The
1602 department may reinstate an expired professional certificate if
1603 the certificateholder:
1604 (a) Submits an application for reinstatement of the expired
1605 certificate.
1606 (b) Documents completion of 6 college credits during the 5
1607 years immediately preceding reinstatement of the expired
1608 certificate, completion of 120 inservice points, or a
1609 combination thereof, in an area specified in paragraph (3)(a).
1610 (c) Meets the requirements in subsection (6).
1611 (d)(c) During the 5 years immediately preceding
1612 reinstatement of the certificate, achieves a passing score on
1613 the subject area test for each subject to be shown on the
1614 reinstated certificate.
1615
1616 The requirements of this subsection may not be satisfied by
1617 subject area tests or college credits completed for issuance of
1618 the certificate that has expired.
1619 (6) Beginning with the 2014-2015 school year, the
1620 requirements for the renewal of a professional certificate shall
1621 include documentation of effective or highly effective
1622 performance as demonstrated under s. 1012.34 for at least 4 of
1623 the preceding 5 years before the renewal certification is
1624 sought. The State Board of Education shall adopt rules to define
1625 the process for documenting effective performance under this
1626 subsection, including equivalent options for individuals who
1627 have not been evaluated under s. 1012.34. An individual’s
1628 certificate shall expire if the individual is not able to
1629 demonstrate effective performance as required under this
1630 subsection and the rules of the state board. The individual may
1631 apply to reinstate his or her professional certificate under
1632 subsection (5).
1633 Section 32. Section 1012.72, Florida Statutes, is repealed.
1634 Section 33. Subsection (1) of section 1012.79, Florida
1635 Statutes, is amended to read:
1636 1012.79 Education Practices Commission; organization.—
1637 (1) The Education Practices Commission consists of 25
1638 members, including 11 8 teachers; 5 administrators, at least one
1639 of whom may shall represent a private school; 5 7 lay citizens,
1640 3 5 of whom shall be parents of public school students and who
1641 are unrelated to public school employees and 2 of whom shall be
1642 former district school board members; and 4 5 sworn law
1643 enforcement officials, appointed by the State Board of Education
1644 from nominations by the Commissioner of Education and subject to
1645 Senate confirmation. Prior to making nominations, the
1646 commissioner shall consult with teaching associations, parent
1647 organizations, law enforcement agencies, and other involved
1648 associations in the state. In making nominations, the
1649 commissioner shall attempt to achieve equal geographical
1650 representation, as closely as possible.
1651 (a) A teacher member, in order to be qualified for
1652 appointment:
1653 1. Must be certified to teach in the state.
1654 2. Must be a resident of the state.
1655 3. Must have practiced the profession in this state for at
1656 least 10 years, with at least 5 years of experience in this
1657 state immediately preceding the appointment.
1658 (b) A school administrator member, in order to be qualified
1659 for appointment:
1660 1. Must have an endorsement on the educator certificate in
1661 the area of school administration or supervision.
1662 2. Must be a resident of the state.
1663 3. Must have practiced the profession as an administrator
1664 for at least 5 years immediately preceding the appointment.
1665 (c) The lay members must be residents of the state.
1666 (d) The law enforcement official members must have served
1667 in the profession for at least 5 years immediately preceding
1668 appointment and have background expertise in child safety.
1669 Section 34. Paragraph (h) of subsection (1) of section
1670 1012.795, Florida Statutes, is amended to read:
1671 1012.795 Education Practices Commission; authority to
1672 discipline.—
1673 (1) The Education Practices Commission may suspend the
1674 educator certificate of any person as defined in s. 1012.01(2)
1675 or (3) for up to 5 years, thereby denying that person the right
1676 to teach or otherwise be employed by a district school board or
1677 public school in any capacity requiring direct contact with
1678 students for that period of time, after which the holder may
1679 return to teaching as provided in subsection (4); may revoke the
1680 educator certificate of any person, thereby denying that person
1681 the right to teach or otherwise be employed by a district school
1682 board or public school in any capacity requiring direct contact
1683 with students for up to 10 years, with reinstatement subject to
1684 the provisions of subsection (4); may revoke permanently the
1685 educator certificate of any person thereby denying that person
1686 the right to teach or otherwise be employed by a district school
1687 board or public school in any capacity requiring direct contact
1688 with students; may suspend the educator certificate, upon an
1689 order of the court or notice by the Department of Revenue
1690 relating to the payment of child support; or may impose any
1691 other penalty provided by law, if the person:
1692 (h) Has breached a contract, as provided in s. 1012.33(2)
1693 or s. 1012.335.
1694 Section 35. Review of teacher preparation program funding.—
1695 (1) The Department of Education, in collaboration with the
1696 Board of Governors, shall develop a methodology to determine the
1697 cost-effectiveness of the teacher preparation programs in ss.
1698 1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
1699 methodology for determining program costs must use existing
1700 expenditure data, when available.
1701 (2) On or before December 1, 2011, the Department of
1702 Education shall submit a report to the Governor, the President
1703 of the Senate, and the Speaker of the House of Representatives
1704 which:
1705 (a) Provides a methodology to evaluate the cost
1706 effectiveness of teacher preparation programs based on program
1707 costs, program outcomes of student cohorts such as completion
1708 rates, placement rates in teaching jobs, retention rates in the
1709 classroom, and student achievement and learning gains of
1710 students taught by graduates;
1711 (b) Uses the methodology developed to evaluate the cost
1712 effectiveness of the state’s teacher preparation programs; and
1713 (c) Provides recommendations that would enhance the
1714 Legislature’s ability to consider the program’s productivity
1715 when allocating funds.
1716 (3) The Office of Program Policy Analysis and Government
1717 Accountability shall review the current standards for the
1718 continued approval of teacher preparation programs and make
1719 recommendations to the Legislature on or before January 1, 2012,
1720 for any needed changes. Such recommendations shall include
1721 proposed changes to the allocation of any state funds to teacher
1722 preparation programs and the students enrolled in these
1723 programs.
1724 Section 36. Sections 1008.222, 1011.626, 1012.335, Florida
1725 Statutes, as created by this act, and ss. 1012.22, 1012.33, and
1726 1012.34, Florida Statutes, as amended by this act, do not apply
1727 until July 1, 2016, for each school district that receives a
1728 grant of $75 million or more from a private foundation for the
1729 purpose of improving the effectiveness of teachers within the
1730 school district, unless the grant is terminated by the private
1731 foundation for noncompliance before such date. If a grant is
1732 terminated by the private foundation for noncompliance, the
1733 provisions of ss. 1008.222, 1011.626, and 1012.335, Florida
1734 Statutes, as created by this act, and ss. 1012.22, 1012.33, and
1735 1012.34, Florida Statutes, as amended by this act, shall apply
1736 to the school district beginning with July 1 of the following
1737 school year.
1738 Section 37. If any provision of this act or its application
1739 to any person or circumstance is held invalid, the invalidity
1740 does not affect other provisions or applications of the act
1741 which can be given effect without the invalid provision or
1742 application, and to this end the provisions of this act are
1743 severable.
1744 Section 38. The amendments to ss. 1012.22 and 1012.33,
1745 Florida Statutes, shall apply to contracts newly entered into,
1746 extended, or readopted on or after July 1, 2010, and to all
1747 contracts on or after July 1, 2013.
1748 Section 39. Except as otherwise expressly provided in this
1749 act, this act shall take effect July 1, 2010.