CS/HB 7189

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 Department
5	of Education; amending s. 447.403, F.S.; deleting a
6	provision that provides for an expedited impasse hearing
7	for disputes involving the Merit Award Program plan to
8	conform to changes made by the act; amending s. 1002.33,
9	F.S.; requiring a charter school to adopt a salary
10	schedule for instructional personnel and school-based
11	administrators which meets certain requirements; providing
12	that charter schools must meet certain requirements for
13	end-of-course assessments, performance appraisals, and
14	certain contracts; deleting a cross-reference to conform
15	to changes made by the act; requiring that the
16	Commissioner of Education review certain charter schools
17	for compliance with the requirements for a salary
18	schedule, assessments, and contracts; requiring a
19	specified funding adjustment to be imposed against a
20	charter school that is not in compliance; amending s.
21	1003.52, F.S.; deleting a cross-reference to conform to
22	changes made by the act; repealing s. 1003.62, F.S.,
23	relating to academic performance-based charter school
24	districts; amending s. 1003.621, F.S.; providing
25	additional requirements for personnel in academically
26	high-performing school districts; repealing s. 1003.63,
27	relating to the deregulated public schools pilot program;
28	amending s. 1004.04, F.S.; revising the criteria for
29	continued approval of teacher preparation programs to
30	include student learning gains; deleting the waiver of
31	admissions criteria for certain students; deleting the
32	criterion relating to employer satisfaction; revising the
33	requirements for a teacher preparation program to provide
34	additional training to a graduate who fails to demonstrate
35	essential skills; deleting a provision that requires
36	state-approved teacher preparation programs and public and
37	private institutions offering training for school-
38	readiness-related professions to report graduate
39	satisfaction ratings; revising the requirements for
40	preservice field experience programs; repealing s.
41	1004.04(11) and (12), F.S., relating to the Preteacher and
42	Teacher Education Pilot Programs and the Teacher Education
43	Pilot Programs for High-Achieving Students; amending s.
44	1004.85, F.S.; revising the requirements for individuals
45	who participate in programs at postsecondary educator
46	preparation institutes; revising the requirements for
47	approved alternative certification programs and
48	instructors; creating s. 1008.222, F.S.; requiring school
49	districts to develop and implement end-of-course
50	assessments; requiring a review of assessments by the
51	Commissioner of Education; amending s. 1009.40, F.S.;
52	deleting cross-references to conform to changes made by
53	the act; repealing s. 1009.54, F.S., relating to the
54	Critical Teacher Shortage Program; repealing s. 1009.57,
55	F.S., relating to the Florida Teacher Scholarship and
56	Forgivable Loan Program; repealing s. 1009.58, F.S.,
57	relating to the Critical Teacher Shortage Tuition
58	Reimbursement Program; repealing s. 1009.59, F.S.,
59	relating to the Critical Teacher Shortage Student Loan
60	Forgiveness Program; amending s. 1009.94, F.S.; deleting
61	cross-references to conform to changes made by the act;
62	creating s. 1011.626, F.S.; providing legislative findings
63	and intent; creating the Performance Fund for
64	Instructional Personnel and School-Based Administrators;
65	providing for calculation of the fund amount; providing
66	for distribution of funds to districts and specifying
67	purposes for which funds may be expended; providing for
68	reversion of unexpended funds; specifying that salary
69	increases from these funds are in addition to other salary
70	adjustments; specifying requirements for individuals paid
71	from federal grants; requiring that each district school
72	board submit its district adopted salary schedule and
73	certain assessments to the Commissioner of Education for
74	review; requiring that the commissioner determine
75	compliance with requirements applicable to the schedules
76	and assessments; requiring a review by the Auditor General
77	of certain classroom teacher contracts; requiring that the
78	Commissioner of Education notify the Governor and
79	Legislature of school districts that fail to comply with
80	salary schedule, assessment, and contract requirements;
81	requiring a specified funding adjustment to be imposed
82	against a school district for such failure to comply;
83	requiring that the State Board of Education adopt rules;
84	amending s. 1011.69, F.S.; deleting a provision that
85	exempts academic performance-based charter school
86	districts from the Equity in School-Level Funding Act to
87	conform to changes made by the act; amending s. 1012.05,
88	F.S.; revising the Department of Education's
89	responsibilities for teacher recruitment; amending s.
90	1012.07, F.S.; revising the methodology for determining
91	critical teacher shortage areas; deleting cross-references
92	to conform to changes made by the act; amending s.
93	1012.22, F.S.; revising the powers and duties of the
94	district school board with respect to school district
95	compensation and salary schedules; requiring that certain
96	performance criteria be included in the adopted schedules;
97	revising the differentiated pay provisions; repealing s.
98	1012.225, F.S., relating to the Merit Award Program for
99	Instructional Personnel and School-Based Administrators;
100	repealing s. 1012.2251, F.S., relating to the end-of-
101	course examinations for the Merit Award Program; amending
102	s. 1012.33, F.S.; revising provisions relating to
103	contracts with certain educational personnel; requiring a
104	district school board's decision to retain personnel who
105	have continuing contracts or professional service
106	contracts to be primarily based on the employee's
107	performance; deleting requirements that school board
108	decisions for workforce reductions be based on collective
109	bargaining agreements; deleting requirements for district
110	school board rules for workforce reduction; creating s.
111	1012.335, F.S.; providing definitions; providing
112	employment criteria for newly hired classroom teachers;
113	providing grounds for termination; requiring that the
114	State Board of Education adopt rules defining the term
115	"just cause"; providing guidelines for such term; amending
116	s. 1012.34, F.S.; revising provisions related to the
117	appraisal of instructional personnel and school-based
118	administrators; requiring that the Department of Education
119	approve school district appraisal instruments; requiring
120	the Department of Education to collect appraisal
121	information from school districts and to report such
122	information to the Governor and the Legislature; providing
123	requirements for appraisal systems; authorizing an
124	employee to request that a district school superintendent
125	review an unsatisfactory performance appraisal; conforming
126	provisions to changes made by the act; amending s.
127	1012.42, F.S.; prohibiting a district school board from
128	assigning a new teacher to teach reading, science, or
129	mathematics if he or she is not certified in those subject
130	areas; repealing s. 1012.52, F.S., relating to legislative
131	intent for teacher quality; amending s. 1012.56, F.S.;
132	revising the certification requirements for persons
133	holding a valid professional standard teaching certificate
134	issued by another state; providing additional means of
135	demonstrating mastery of professional preparation and
136	education competence; requiring that the State Board of
137	Education review the current subject area examinations and
138	increase the scores necessary for achieving certification;
139	authorizing the State Board of Education to adopt rules to
140	allow certain college credit to be used to meet
141	certification requirements; amending s. 1012.585, F.S.;
142	providing for future expiration of provisions governing
143	certification of teachers who hold national certification;
144	revising the renewal requirements for a professional
145	certificate; providing additional requirements that must
146	be met in order to renew the certificate; requiring that
147	the State Board of Education adopt rules for the renewal
148	of a certificate held by a certificateholder who has not
149	been evaluated under s. 1012.34, F.S.; amending s.
150	1012.72, F.S.; limiting bonuses under the Dale Hickam
151	Excellent Teaching Program to individuals who remain
152	continuously employed in a public school in this state or
153	the Florida School for the Deaf and the Blind; amending s.
154	1012.79, F.S.; revising the composition of the Education
155	Practices Commission; conforming provisions to changes
156	made by the act; amending s. 1012.795, F.S.; conforming
157	provisions to changes made by the act; requiring that the
158	Department of Education submit a report on the cost-
159	effectiveness of teacher preparation programs to the
160	Governor and the Legislature by a specified date;
161	specifying the report requirements; requiring that the
162	Office of Program Policy Analysis and Government
163	Accountability submit recommendations to the Legislature
164	relating to changes in the criteria for the continued
165	approval of teacher preparation programs; authorizing
166	school districts to seek an exemption from the State Board
167	of Education from the requirement of certain laws;
168	authorizing the State Board of Education to adopt rules;
169	providing for severability; providing for application of a
170	specified provision of the act; providing effective dates.
171
172	Be It Enacted by the Legislature of the State of Florida:
173
174	Section 1.  Paragraph (t) is added to subsection (2) of
175	section 39.202, Florida Statutes, to read:
176	39.202  Confidentiality of reports and records in cases of
177	child abuse or neglect.-
178	(2)  Except as provided in subsection (4), access to such
179	records, excluding the name of the reporter which shall be
180	released only as provided in subsection (5), shall be granted
181	only to the following persons, officials, and agencies:
182	(t)  Employees or agents of the Department of Education who
183	are responsible for the investigation or prosecution of
184	misconduct by certified educators.
185	Section 2.  Paragraph (c) of subsection (2) of section
186	447.403, Florida Statutes, is amended to read:
187	447.403  Resolution of impasses.-
188	(2)
189	(c)  If the district school board is the public employer
190	and an impasse is declared under subsection (1) involving a
191	dispute of a Merit Award Program plan under s. 1012.225, the
192	dispute is subject to an expedited impasse hearing.
193	Notwithstanding subsections (3), (4), and (5), and the rules
194	adopted by the commission, the following procedures shall apply:
195	1.a.  The commission shall furnish the names of seven
196	special magistrates within 5 days after receiving notice of
197	impasse. If the parties are unable to agree upon a special
198	magistrate within 5 days after the date of the letter
199	transmitting the list of choices, the commission shall
200	immediately appoint a special magistrate. The special magistrate
201	shall set the hearing, which shall be held no later than 15 days
202	after the date of appointment of the special magistrate. Within
203	5 days after the date of appointment of a special magistrate,
204	each party shall serve upon the special magistrate and upon each
205	other party a written list of issues at impasse.
206	b.  At the close of the hearing, the parties shall
207	summarize their arguments and may provide a written memorandum
208	in support of their positions.
209	c.  Within 10 days after the close of the hearing, the
210	special magistrate shall transmit a recommended decision to the
211	commission and the parties.
212	d.  The recommended decision of the special magistrate
213	shall be deemed accepted by the parties, except as to those
214	recommendations that a party specifically rejects, by filing a
215	written notice with the commission and serving a copy on the
216	other party within 5 days after the date of the recommended
217	decision.
218	2.  If a party rejects any part of the recommended decision
219	of the special magistrate, the parties shall proceed directly to
220	resolution of the impasse by the district school board pursuant
221	to paragraph (4)(d).
222	Section 3.  Paragraph (c) is added to subsection (16) of
223	section 1002.33, Florida Statutes, paragraph (a) of subsection
224	(20) of that section is amended, present subsection (26) of that
225	section is redesignated as subsection (27), and a new subsection
226	(26) is added to that section, to read:
227	1002.33  Charter schools.-
228	(16)  EXEMPTION FROM STATUTES.-
229	(c)  A charter school shall also comply with the following:
230	1.  A charter school may not award a professional service
231	contract or similar contract to a classroom teacher hired on or
232	after July 1, 2010.
233	2.  Beginning with the 2014-2015 school year and
234	thereafter, a charter school must adopt a salary schedule for
235	instructional personnel and school-based administrators which
236	compensates instructional personnel and school-based
237	administrators based on their performance. Salary adjustments
238	for instructional personnel and school-based administrators must
239	be based only on performance demonstrated under s. 1012.34. A
240	charter school may not use length of service or degrees held by
241	instructional personnel or school-based administrators as a
242	factor in setting the salary schedule.
243	3.  A charter school must meet the following requirements:
244	a.  Administer assessments that comply with s. 1008.222.
245	However, a charter school may use its own assessments if the
246	assessments comply with s. 1008.222;
247	b.  Maintain the security and integrity of end-of-course
248	assessments developed or acquired pursuant to s. 1008.222; and
249	c.  Adopt a performance appraisal system that complies with
250	s. 1012.34.
251	(20)  SERVICES.-
252	(a)  A sponsor shall provide certain administrative and
253	educational services to charter schools. These services shall
254	include contract management services; full-time equivalent and
255	data reporting services; exceptional student education
256	administration services; services related to eligibility and
257	reporting duties required to ensure that school lunch services
258	under the federal lunch program, consistent with the needs of
259	the charter school, are provided by the school district at the
260	request of the charter school, that any funds due to the charter
261	school under the federal lunch program be paid to the charter
262	school as soon as the charter school begins serving food under
263	the federal lunch program, and that the charter school is paid
264	at the same time and in the same manner under the federal lunch
265	program as other public schools serviced by the sponsor or the
266	school district; test administration services, including payment
267	of the costs of state-required or district-required student
268	assessments; processing of teacher certificate data services;
269	and information services, including equal access to student
270	information systems that are used by public schools in the
271	district in which the charter school is located. Student
272	performance data for each student in a charter school,
273	including, but not limited to, FCAT scores, standardized test
274	scores, previous public school student report cards, and student
275	performance measures, shall be provided by the sponsor to a
276	charter school in the same manner provided to other public
277	schools in the district. A total administrative fee for the
278	provision of such services shall be calculated based upon up to
279	5 percent of the available funds defined in paragraph (17)(b)
280	for all students. However, a sponsor may only withhold up to a
281	5-percent administrative fee for enrollment for up to and
282	including 500 students. For charter schools with a population of
283	501 or more students, the difference between the total
284	administrative fee calculation and the amount of the
285	administrative fee withheld may only be used for capital outlay
286	purposes specified in s. 1013.62(2). Each charter school shall
287	receive 100 percent of the funds awarded to that school pursuant
288	to s. 1012.225. Sponsors shall not charge charter schools any
289	additional fees or surcharges for administrative and educational
290	services in addition to the maximum 5-percent administrative fee
291	withheld pursuant to this paragraph.
292	(26)  FUNDING AND COMPLIANCE.-
293	(a)  Effective with the beginning of the 2011-2012 year,
294	and each year thereafter, the Commissioner of Education shall
295	calculate and distribute funds from the Performance Fund for
296	Instructional Personnel and School-Based Administrators in s.
297	1011.626 to charter schools in the same manner as for school
298	districts. Charter schools must meet the requirements in s.
299	1011.626(5).
300	(b)  By September 15 of each year, each charter school
301	governing board shall certify to the Commissioner of Education
302	that its school meets the requirements in paragraph (16)(c). The
303	commissioner shall verify compliance with paragraph (16)(c) by
304	selecting a sample of charter schools each year to provide
305	information to determine compliance. On or before October 1 of
306	each year, a selected charter school must submit the requested
307	information to the commissioner. On or before December 15 of
308	each year, the commissioner shall complete a review of each
309	selected charter school for that school year, determine
310	compliance with paragraph (16)(c), and notify each charter
311	school governing board and sponsor if the charter school is not
312	in compliance with paragraph (16)(c). The commissioner shall
313	certify the charter schools that do not comply with paragraph
314	(16)(c) to the Governor, the President of the Senate, and the
315	Speaker of the House of Representative on or before February 15
316	of each year. Each certified charter school shall receive a
317	funding adjustment of state funds equivalent to 5 percent of the
318	total Florida Education Finance Program funds provided in the
319	General Appropriations Act for the charter school. Such funding
320	adjustment shall be implemented through the withholding of funds
321	to which the charter school is entitled.
322	Section 4.  Subsection (10) of section 1003.52, Florida
323	Statutes, is amended to read:
324	1003.52  Educational services in Department of Juvenile
325	Justice programs.-
326	(10)  The district school board shall recruit and train
327	teachers who are interested, qualified, or experienced in
328	educating students in juvenile justice programs. Students in
329	juvenile justice programs shall be provided a wide range of
330	educational programs and opportunities including textbooks,
331	technology, instructional support, and other resources available
332	to students in public schools. Teachers assigned to educational
333	programs in juvenile justice settings in which the district
334	school board operates the educational program shall be selected
335	by the district school board in consultation with the director
336	of the juvenile justice facility. Educational programs in
337	juvenile justice facilities shall have access to the substitute
338	teacher pool utilized by the district school board. Full-time
339	teachers working in juvenile justice schools, whether employed
340	by a district school board or a provider, shall be eligible for
341	the critical teacher shortage tuition reimbursement program as
342	defined by s. 1009.58 and other teacher recruitment and
343	retention programs.
344	Section 5.  Section 1003.62, Florida Statutes, is repealed.
345	Section 6.  Paragraph (h) of subsection (2) of section
346	1003.621, Florida Statutes, is amended to read:
347	1003.621  Academically high-performing school districts.-It
348	is the intent of the Legislature to recognize and reward school
349	districts that demonstrate the ability to consistently maintain
350	or improve their high-performing status. The purpose of this
351	section is to provide high-performing school districts with
352	flexibility in meeting the specific requirements in statute and
353	rules of the State Board of Education.
354	(2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
355	high-performing school district shall comply with all of the
356	provisions in chapters 1000-1013, and rules of the State Board
357	of Education which implement these provisions, pertaining to the
358	following:
359	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
360	differentiated pay and performance-pay policies for school
361	administrators and instructional personnel, and s. 1012.34,
362	relating to appraisal procedures and criteria. Professional
363	service contracts are subject to the provisions of s. ss.
364	1012.33 and 1012.34. Contracts with classroom teachers hired
365	or after July 1, 2010, are subject to s. 1012.335.
366	Section 7.  Section 1003.63, Florida Statutes, is repealed.
367	Section 8.  Paragraph (b) of subsection (4) and subsections
368	(5) and (6) of section 1004.04, Florida Statutes, are amended to
369	read:
370	1004.04  Public accountability and state approval for
371	teacher preparation programs.-
372	(4)  INITIAL STATE PROGRAM APPROVAL.-
373	(b)  Each teacher preparation program approved by the
374	Department of Education, as provided for by this section, shall
375	require students to meet the following as prerequisites for
376	admission into the program:
377	1.  Have a grade point average of at least 2.5 on a 4.0
378	scale for the general education component of undergraduate
379	studies or have completed the requirements for a baccalaureate
380	degree with a minimum grade point average of 2.5 on a 4.0 scale
381	from any college or university accredited by a regional
382	accrediting association as defined by State Board of Education
383	rule or any college or university otherwise approved pursuant to
384	State Board of Education rule.
385	2.  Demonstrate mastery of general knowledge, including the
386	ability to read, write, and compute, by passing the General
387	Knowledge Test of the Florida Teacher Certification Examination,
388	the College Level Academic Skills Test, a corresponding
389	component of the National Teachers Examination series, or a
390	similar test pursuant to rules of the State Board of Education.
391
392	Each teacher preparation program may waive these admissions
393	requirements for up to 10 percent of the students admitted.
394	Programs shall implement strategies to ensure that students
395	admitted under a waiver receive assistance to demonstrate
396	competencies to successfully meet requirements for
397	certification.
398	(5)  CONTINUED PROGRAM APPROVAL.-Notwithstanding subsection
399	(4), failure by a public or nonpublic teacher preparation
400	program to meet the criteria for continued program approval
401	shall result in loss of program approval. The Department of
402	Education, in collaboration with the departments and colleges of
403	education, shall develop procedures for continued program
404	approval that document the continuous improvement of program
405	processes and graduates' performance.
406	(a)  Continued approval of specific teacher preparation
407	programs at each public and nonpublic postsecondary educational
408	institution within the state is contingent upon a determination
409	by the Department of Education of student learning gains, as
410	measured by state assessments required under s. 1008.22.
411	(b)(a)  Continued approval of specific teacher preparation
412	programs at each public and nonpublic postsecondary educational
413	institution within the state is contingent upon the passing of
414	the written examination required by s. 1012.56 by at least 90
415	percent of the graduates of the program who take the
416	examination. The Department of Education shall annually provide
417	an analysis of the performance of the graduates of such
418	institution with respect to the competencies assessed by the
419	examination required by s. 1012.56.
420	(c)(b)  Additional criteria for continued program approval
421	for public institutions may be approved by the State Board of
422	Education. Such criteria must emphasize instruction in classroom
423	management and must provide for the evaluation of the teacher
424	candidates' performance in this area. The criteria shall also
425	require instruction in working with underachieving students.
426	Program evaluation procedures must include, but are not limited
427	to, program graduates' satisfaction with instruction and the
428	program's responsiveness to local school districts. Additional
429	criteria for continued program approval for nonpublic
430	institutions shall be developed in the same manner as for public
431	institutions; however, such criteria must be based upon
432	significant, objective, and quantifiable graduate performance
433	measures. Responsibility for collecting data on outcome measures
434	through survey instruments and other appropriate means shall be
435	shared by the postsecondary educational institutions and the
436	Department of Education. By January 1 of each year, the
437	Department of Education shall report this information for each
438	postsecondary educational institution that has state-approved
439	programs of teacher education to the Governor, the State Board
440	of Education, the Board of Governors, the Commissioner of
441	Education, the President of the Senate, the Speaker of the House
442	of Representatives, all Florida postsecondary teacher
443	preparation programs, and interested members of the public. This
444	report must analyze the data and make recommendations for
445	improving teacher preparation programs in the state.
446	(d)(c)  Continued approval for a teacher preparation
447	program is contingent upon the results of periodic reviews, on a
448	schedule established by the State Board of Education, of the
449	program conducted by the postsecondary educational institution,
450	using procedures and criteria outlined in an institutional
451	program evaluation plan approved by the Department of Education,
452	which must include the program's review of and response to the
453	effect of its candidates and graduates on K-12 student learning.
454	This plan must also incorporate and respond to the criteria
455	established in paragraphs (a) and (b) and (c) and include
456	provisions for involving primary stakeholders, such as program
457	graduates, district school personnel, classroom teachers,
458	principals, community agencies, and business representatives in
459	the evaluation process. Upon request by an institution, the
460	department shall provide assistance in developing, enhancing, or
461	reviewing the institutional program evaluation plan and training
462	evaluation team members.
463	(e)(d)  Continued approval for a teacher preparation
464	program is contingent upon standards being in place that are
465	designed to adequately prepare elementary, middle, and high
466	school teachers to instruct their students in reading and
467	higher-level mathematics concepts and in the use of technology
468	at the appropriate grade level.
469	(f)(e)  Continued approval of teacher preparation programs
470	is contingent upon compliance with the student admission
471	requirements of subsection (4) and upon the receipt of at least
472	a satisfactory rating from public schools and private schools
473	that employ graduates of the program. Each teacher preparation
474	program shall guarantee the high quality of its graduates during
475	the first 2 years immediately following graduation from the
476	program or following the graduate's initial certification,
477	whichever occurs first. Any educator in a Florida school who
478	fails to demonstrate student learning gains the essential skills
479	as specified in paragraph (a) subparagraphs 1.-5. shall be
480	provided additional training by the teacher preparation program
481	at no expense to the educator or the employer. Such training
482	must consist of an individualized plan agreed upon by the school
483	district and the postsecondary educational institution that
484	includes specific learning outcomes. The postsecondary
485	educational institution assumes no responsibility for the
486	educator's employment contract with the employer. Employer
487	satisfaction shall be determined by an annually administered
488	survey instrument approved by the Department of Education that,
489	at a minimum, must include employer satisfaction of the
490	graduates' ability to do the following:
491	1.  Write and speak in a logical and understandable style
492	with appropriate grammar.
493	2.  Recognize signs of students' difficulty with the
494	reading and computational process and apply appropriate measures
495	to improve students' reading and computational performance.
496	3.  Use and integrate appropriate technology in teaching
497	and learning processes.
498	4.  Demonstrate knowledge and understanding of Sunshine
499	State Standards.
500	5.  Maintain an orderly and disciplined classroom conducive
501	to student learning.
502	(g)(f)1.  Each Florida public and private institution that
503	offers a state-approved teacher preparation program must
504	annually report information regarding these programs to the
505	state and the general public. This information shall be reported
506	in a uniform and comprehensible manner that is consistent with
507	definitions and methods approved by the Commissioner of the
508	National Center for Educational Statistics and that is approved
509	by the State Board of Education. This information must include,
510	at a minimum:
511	a.  The percent of graduates obtaining full-time teaching
512	employment within the first year of graduation.
513	b.  The average length of stay of graduates in their full-
514	time teaching positions.
515	c.  The percentage of graduates whose students achieved
516	learning gains, as specified in paragraph (a). For purposes of
517	this paragraph, the information shall include the percentage of
518	the students taught per graduate who achieved learning gains.
519	Satisfaction ratings required in paragraph (e).
520	2.  Each public and private institution offering training
521	for school readiness related professions, including training in
522	the fields of child care and early childhood education, whether
523	offering career credit, associate in applied science degree
524	programs, associate in science degree programs, or associate in
525	arts degree programs, shall annually report information
526	regarding these programs to the state and the general public in
527	a uniform and comprehensible manner that conforms with
528	definitions and methods approved by the State Board of
529	Education. This information must include, at a minimum:
530	a.  Average length of stay of graduates in their teaching
531	positions.
532	b.  The percent of graduates obtaining full-time teaching
533	employment within the first year of graduation. Satisfaction
534	ratings of graduates' employers.
535
536	This information shall be reported through publications,
537	including college and university catalogs and promotional
538	materials sent to potential applicants, secondary school
539	guidance counselors, and prospective employers of the
540	institution's program graduates.
541	(6)  PRESERVICE FIELD EXPERIENCE.-All postsecondary
542	instructors, school district personnel and instructional
543	personnel, and school sites preparing instructional personnel
544	through preservice field experience courses and internships
545	shall meet special requirements. District school boards are
546	authorized to pay student teachers during their internships.
547	(a)  All instructors in postsecondary teacher preparation
548	programs who instruct or supervise preservice field experiences,
549	preservice experience courses, or internships shall have at
550	least one of the following: specialized training in clinical
551	supervision; a valid professional teaching certificate issued
552	under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
553	of successful teaching experience in prekindergarten through
554	grade 12.
555	(b)  All school district personnel and instructional
556	personnel who supervise or direct teacher preparation students
557	during field experience courses or internships must have
558	evidence of "clinical educator" training and must successfully
559	demonstrate effective classroom management strategies that
560	consistently result in improved student performance. The State
561	Board of Education shall approve the training requirements.
562	(c)  Preservice field experience programs must provide for
563	continuous student participation in K-12 classroom settings with
564	supervised instruction of K-12 students. All preservice field
565	experience programs must provide specific guidance and
566	demonstration of effective classroom management strategies,
567	strategies for incorporating technology into classroom
568	instruction, strategies for incorporating scientifically
569	researched, knowledge-based reading literacy and computational
570	skills acquisition into classroom instruction, and ways to link
571	instructional plans to the Sunshine State Standards, as
572	appropriate. The length of structured field experiences may be
573	extended to ensure that candidates achieve the competencies
574	needed to meet certification requirements.
575	(d)  Postsecondary teacher preparation programs, in
576	consultation cooperation with district school boards and
577	approved private school associations, shall select the school
578	sites for preservice field experience activities based on the
579	instructional skills of the instructor or supervisor with whom
580	the teaching candidate is placed, as demonstrated by the
581	instructor's or supervisor's sustained student learning gains as
582	specified in paragraph (5)(a). These sites must represent the
583	full spectrum of school communities, including, but not limited
584	to, schools located in urban settings. In order to be selected,
585	school sites must demonstrate commitment to the education of
586	public school students and to the preparation of future
587	teachers.
588	Section 9.  Subsections (11) and (12) of section 1004.04,
589	Florida Statutes, are repealed.
590	Section 10.  Paragraph (b) of subsection (3) and
591	subsections (4) and (5) of section 1004.85, Florida Statutes,
592	are amended to read:
593	1004.85  Postsecondary educator preparation institutes.-
594	(3)  Educator preparation institutes approved pursuant to
595	this section may offer alternative certification programs
596	specifically designed for noneducation major baccalaureate
597	degree holders to enable program participants to meet the
598	educator certification requirements of s. 1012.56. Such programs
599	shall be competency-based educator certification preparation
600	programs that prepare educators through an alternative route. An
601	educator preparation institute choosing to offer an alternative
602	certification program pursuant to the provisions of this section
603	must implement a program previously approved by the Department
604	of Education for this purpose or a program developed by the
605	institute and approved by the department for this purpose.
606	Approved programs shall be available for use by other approved
607	educator preparation institutes.
608	(b)  Each program participant must:
609	1.  Meet certification requirements pursuant to s.
610	1012.56(1) and (2) by obtaining a statement of status of
611	eligibility prior to admission into the program which indicates
612	eligibility for a temporary certificate in a teaching subject
613	and meet the requirements of s. 1012.56(2)(a)-(f).
614	2.  Participate in field experience that is appropriate to
615	his or her educational plan.
616	3.  Demonstrate mastery of general knowledge by one of the
617	options provided in s. 1012.56(3) prior to completion of the
618	program.
619	4.3.  Fully demonstrate his or her ability to teach the
620	subject area for which he or she is seeking certification
621	through field experiences and by achievement of a passing score
622	on the corresponding subject area test prior to completion of
623	the program and demonstrate mastery of professional preparation
624	and education competence by achievement of a passing score on
625	the professional education competency examination required by
626	state board rule prior to completion of the program.
627	(4)  Each alternative certification program institute
628	approved pursuant to this section shall submit to the Department
629	of Education annual performance evaluations that measure the
630	effectiveness of the programs, including the pass rates of
631	participants on all examinations required for teacher
632	certification, employment rates, longitudinal retention rates,
633	and a review of the impact that participants who have completed
634	the program have on K-12 student learning and employer
635	satisfaction surveys. The employer satisfaction surveys must be
636	designed to measure the sufficient preparation of the educator
637	to enter the classroom. These evaluations and evidence of
638	student learning gains, as measured by state assessments
639	required under s. 1008.22, shall be used by the Department of
640	Education for purposes of continued approval of an educator
641	preparation institute's alternative certification program.
642	(5)  Instructors for an alternative certification program
643	approved pursuant to this section must meet the requirements of
644	s. 1004.04(6) possess a master's degree in education or a
645	master's degree in an appropriate related field and document
646	teaching experience.
647	Section 11.  Section 1008.222, Florida Statutes, is created
648	to read:
649	1008.222  Development and implementation of end-of-course
650	assessments of certain subject areas and grade levels.-
651	(1)  Each school district must develop or acquire a valid
652	and reliable end-of-course assessment for each subject area and
653	grade level not measured by state assessments required under s.
654	1008.22 or by examinations in AP, IB, AICE, or a national
655	industry certification identified in the Industry Certification
656	Funding List pursuant to rules adopted by the State Board of
657	Education. The content, knowledge, and skills assessed by end-
658	of-course assessments for each school district must be aligned
659	to the core curricular content established in the Sunshine State
660	Standards.
661	(2)(a)  Beginning with the 2013-2014 school year, each
662	school district must require that each school in the district
663	administer the district's standard assessment for each subject
664	area or grade level, as described in subsection (1).
665	(b)  Each district school superintendent must ensure that
666	teachers who provide instruction in the same subject or grade
667	level administer the same end-of-course assessment, as described
668	in subsection (1). Each school district must adopt policies to
669	ensure standardized administration and security of the
670	assessments.
671	(c)  Each district school superintendent is responsible for
672	implementing standardized assessment security and
673	administration, the reporting of assessment results, and using
674	assessment results to comply with provisions of ss.
675	1012.22(1)(c) and 1012.34. The district school superintendent
676	shall certify to the Commissioner of Education that the security
677	of a standardized assessment required under this section is
678	maintained. If a district school superintendent's certification
679	is determined to be invalid through an audit by the Auditor
680	General or an investigation by the Department of Education, the
681	superintendent is subject to suspension and removal on the
682	grounds of misfeasance pursuant to s. 7, Art. IV of the State
683	Constitution.
684	(d)  The Commissioner of Education shall identify methods
685	to assist and support districts in the development and
686	acquisition of assessments required under this section. Methods
687	may include the development of item banks, facilitation of the
688	sharing of developed tests among districts, and technical
689	assistance in best professional practices of test development
690	based on state-adopted curriculum standards, administration, and
691	security.
692	Section 12.  Paragraph (a) of subsection (1) of section
693	1009.40, Florida Statutes, is amended to read:
694	1009.40  General requirements for student eligibility for
695	state financial aid awards and tuition assistance grants.-
696	(1)(a)  The general requirements for eligibility of
697	students for state financial aid awards and tuition assistance
698	grants consist of the following:
699	1.  Achievement of the academic requirements of and
700	acceptance at a state university or community college; a nursing
701	diploma school approved by the Florida Board of Nursing; a
702	Florida college, university, or community college which is
703	accredited by an accrediting agency recognized by the State
704	Board of Education; any Florida institution the credits of which
705	are acceptable for transfer to state universities; any career
706	center; or any private career institution accredited by an
707	accrediting agency recognized by the State Board of Education.
708	2.  Residency in this state for no less than 1 year
709	preceding the award of aid or a tuition assistance grant for a
710	program established pursuant to s. 1009.50, s. 1009.505, s.
711	1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
712	1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
713	1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
714	Residency in this state must be for purposes other than to
715	obtain an education. Resident status for purposes of receiving
716	state financial aid awards shall be determined in the same
717	manner as resident status for tuition purposes pursuant to s.
718	1009.21.
719	3.  Submission of certification attesting to the accuracy,
720	completeness, and correctness of information provided to
721	demonstrate a student's eligibility to receive state financial
722	aid awards or tuition assistance grants. Falsification of such
723	information shall result in the denial of any pending
724	application and revocation of any award or grant currently held
725	to the extent that no further payments shall be made.
726	Additionally, students who knowingly make false statements in
727	order to receive state financial aid awards or tuition
728	assistance grants commit a misdemeanor of the second degree
729	subject to the provisions of s. 837.06 and shall be required to
730	return all state financial aid awards or tuition assistance
731	grants wrongfully obtained.
732	Section 13.  Section 1009.54, Florida Statutes, is
733	repealed.
734	Section 14.  Section 1009.57, Florida Statutes, is
735	repealed.
736	Section 15.  Section 1009.58, Florida Statutes, is
737	repealed.
738	Section 16.  Section 1009.59, Florida Statutes, is
739	repealed.
740	Section 17.  Paragraph (c) of subsection (2) of section
741	1009.94, Florida Statutes, is amended to read:
742	1009.94  Student financial assistance database.-
743	(2)  For purposes of this section, financial assistance
744	includes:
745	(c)  Any financial assistance provided under s. 1009.50, s.
746	1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
747	1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
748	1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
749	1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
750	Section 18.  Section 1011.626, Florida Statutes, is created
751	to read:
752	1011.626  Performance Fund for Instructional Personnel and
753	School-Based Administrators.-
754	(1) LEGISLATIVE INTENT.-It is the intent of the Legislature
755	to ensure that every student has a high-quality teacher in his
756	or her classroom. The Legislature intends, therefore, to hold
757	school districts accountable for demonstrably increasing student
758	achievement.
759	(2)  FINDINGS.-The Legislature finds that:
760	(a)  Quality classroom teachers and school-based
761	administrators are the single greatest indicators of student
762	achievement.
763	(b)  A school district that fails to reward quality
764	classroom teachers or school-based administrators on the
765	performance of their students, and instead rewards these
766	individuals, in whole or in part, based on the number of years
767	worked or degrees held, has violated s. 1012.22(1)(c). A school
768	district's failure to comply with s. 1012.22(1)(c) fails to
769	maximize student learning by not providing the appropriate
770	incentives to attract and retain quality classroom teachers and
771	school-based administrators. As a result, students are penalized
772	for the acts or omissions of district school boards or district
773	school superintendents.
774	(c)  A school district that fails to adopt and implement
775	end-of-course assessments that comply with s. 1008.222
776	frustrates the purpose of ensuring that each student has a high-
777	quality teacher in his or her classroom by preventing the
778	determination of the quality of a classroom teacher's or school-
779	based administrator's performance.
780	(d)  A school district that fails to comply with s.
781	1012.335 frustrates the purpose of ensuring that each student
782	has a high-quality teacher in his or her classroom by preventing
783	the school district from promptly removing a poor-performing
784	classroom teacher from the classroom and employment.
785	(3)  PERFORMANCE FUND.-Effective with the beginning of the
786	2011-2012 year and each year thereafter, the Performance Fund
787	for Instructional Personnel and School-Based Administrators is
788	established.
789	(4)  CALCULATION OF THE FUND.-The Commissioner of Education
790	shall calculate for the second calculation for each district and
791	charter school an amount of state funds equivalent to 5 percent
792	of the total state, local, and federal funding determined by the
793	Florida Education Finance Program under ss. 1011.62, 1011.685,
794	and 1011.71(1) and (3). Such funds shall be designated as each
795	district's and charter school's annual Performance Fund for
796	Instructional Personnel and School-Based Administrators.
797	(5)  DISTRIBUTION OF THE FUND.-
798	(a)  The commissioner shall distribute these funds in
799	accordance with the provisions of s. 1011.62(12) to a district
800	for the implementation of a salary schedule adopted by the
801	district school board pursuant to s. 1012.22, implementation of
802	a performance appraisal system pursuant to s. 1012.34, and the
803	development of end-of-course assessments pursuant to s.
804	1008.222. The funds may not be used to increase the base
805	salaries or salary adjustments of employees rated as
806	unsatisfactory or needs improvement pursuant to s. 1012.34.
807	(b)  If funds remain in a district's Performance Fund for
808	Instructional Personnel and School-Based Administrators after
809	the end-of-course assessments in s. 1008.222, performance
810	appraisal system requirements in s. 1012.34, and salary schedule
811	requirements in s. 1012.22 have been met, the balance may be
812	used by the district for the same purpose as funds provided
813	pursuant to s. 1011.62(1)(t). Any funds remaining in a
814	district's fund at the end of the state fiscal year shall revert
815	to the fund from which they were appropriated.
816	(c)  A salary increase awarded from these funds shall be
817	awarded in addition to any general increase or other adjustments
818	to salaries which are made by a school district. An employee's
819	eligibility for or receipt of a salary increase shall not
820	adversely affect that employee's opportunity to qualify for or
821	to receive any other compensation that is made generally
822	available to other similarly situated district school board
823	employees.
824	(d)  Each district shall annually set aside sufficient
825	federal grant funds to ensure that the policies described in
826	this section are equally applied to eligible individuals paid
827	from federal grants.
828	(6)  REVIEW.-
829	(a)  Beginning with the 2014-2015 fiscal year and each
830	fiscal year thereafter, each district school board must submit
831	the district-adopted salary schedule for the school year and
832	supporting documentation to the commissioner for review on or
833	before October 1 of each year. On or before December 15 of each
834	year, the commissioner shall complete a review of each salary
835	schedule submitted for that school year, determine compliance
836	with s. 1012.22(1)(c), and notify a district school board if the
837	district salary schedule fails to meet the requirements in s.
838	1012.22(1)(c). The commissioner shall certify those school
839	districts that do not comply with s. 1012.22(1)(c) to the
840	Governor, the President of the Senate, and the Speaker of the
841	House of Representatives on or before February 15 of each year.
842	(b)  Beginning with the 2013-2014 fiscal year and
843	thereafter, the commissioner shall select a sampling of school
844	district end-of-course assessments from multiple districts, and
845	school districts must submit for review the requested
846	assessments and supporting documentation on or before October 1
847	of each year. A school district that fails to provide the
848	requested assessment to the commissioner on or before October 1
849	of each year is in violation of s. 1008.222. On or before
850	December 15 of each year, the commissioner shall complete a
851	review of each selected assessment, determine compliance with s.
852	1008.222, and notify a district school board if the selected
853	assessment fails to meet the requirements in s. 1008.222. The
854	commissioner shall certify those school districts that do not
855	comply with s. 1008.222 to the Governor, the President of the
856	Senate, and the Speaker of the House of Representatives on or
857	before February 15 of each year.
858	(c)  In the financial audit of each school district,
859	performed by either the Auditor General or an independent
860	certified public accountant in accordance with s. 218.39, the
861	auditor shall review a sample of classroom teacher contracts and
862	determine compliance with s. 1012.335. The sample shall be
863	selected in accordance with guidelines established by the
864	American Institute of Certified Public Accountants. The auditor
865	shall document violations of s. 1012.335 and provide the
866	documentation to the Commissioner of Education on or before
867	October 1 of each year following the audit. On or before
868	December 15 of each year, the commissioner shall notify the
869	Governor, the President of the Senate, the Speaker of the House
870	of Representatives, and each school district identified in the
871	audit that has not complied with s. 1012.335.
872	(7)  FUNDING ADJUSTMENT.-A school district that is
873	certified by the commissioner as not in compliance with the law
874	as described in paragraph (6)(a), paragraph (6)(b), or paragraph
875	(6)(c) shall receive a funding adjustment equal to the amount
876	calculated in subsection (4). Such funding adjustment shall be
877	implemented through the withholding of undistributed funds to
878	which the district is otherwise entitled. To the extent a
879	district's undistributed funds are insufficient to fully satisfy
880	the funding adjustment, the unsatisfied balance shall be
881	withheld from the district's operating funds for the subsequent
882	fiscal year in the form of a prior year adjustment.
883	(8)  RULEMAKING.-The State Board of Education shall adopt
884	rules pursuant to ss. 120.536(1) and 120.54 to implement this
885	section. Such rules shall include the documentation requirements
886	for districts, processes and criteria used for determining
887	whether the salary schedule, performance appraisal system, and
888	end-of-course assessments comply with this section, and the
889	reporting and monitoring processes that will be used to ensure
890	compliance with the use of funds distributed under paragraph
891	(5)(a).
892	Section 19.  Subsection (2) of section 1011.69, Florida
893	Statutes, is amended to read:
894	1011.69  Equity in School-Level Funding Act.-
895	(2)  Beginning in the 2003-2004 fiscal year, district
896	school boards shall allocate to schools within the district an
897	average of 90 percent of the funds generated by all schools and
898	guarantee that each school receives at least 80 percent of the
899	funds generated by that school based upon the Florida Education
900	Finance Program as provided in s. 1011.62 and the General
901	Appropriations Act, including gross state and local funds,
902	discretionary lottery funds, and funds from the school
903	district's current operating discretionary millage levy. Total
904	funding for each school shall be recalculated during the year to
905	reflect the revised calculations under the Florida Education
906	Finance Program by the state and the actual weighted full-time
907	equivalent students reported by the school during the full-time
908	equivalent student survey periods designated by the Commissioner
909	of Education. If the district school board is providing programs
910	or services to students funded by federal funds, any eligible
911	students enrolled in the schools in the district shall be
912	provided federal funds. Only academic performance-based charter
913	school districts, pursuant to s. 1003.62, are exempt from the
914	provisions of this section.
915	Section 20.  Subsection (4) of section 1012.05, Florida
916	Statutes, is amended to read:
917	1012.05  Teacher recruitment and retention.-
918	(4)  The Department of Education, in cooperation with
919	district personnel offices, may shall sponsor virtual job fairs
920	a job fair in a central part of the state to match high-quality,
921	in-state educators and potential educators and out-of-state
922	educators and potential educators with teaching opportunities in
923	this state. The Department of Education is authorized to collect
924	a job fair registration fee not to exceed $20 per person and a
925	booth fee not to exceed $250 per school district or other
926	interested participating organization. The revenue from the fees
927	shall be used to promote and operate the job fair. Funds may be
928	used to purchase promotional items such as mementos, awards, and
929	plaques.
930	Section 21.  Section 1012.07, Florida Statutes, is amended
931	to read:
932	1012.07  Identification of critical teacher shortage
933	areas.-
934	(1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
935	"critical teacher shortage area" means high-need content areas
936	applies to mathematics, science, career education, and high-
937	priority high priority location areas identified by. the State
938	Board of Education may identify career education programs having
939	critical teacher shortages. The State Board of Education shall
940	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
941	annually identify other critical teacher shortage areas and high
942	priority location areas. The state board must shall also
943	consider current and emerging educational requirements and
944	workforce demands teacher characteristics such as ethnic
945	background, race, and sex in determining critical teacher
946	shortage areas. School grade levels may also be designated
947	critical teacher shortage areas. Individual district school
948	boards may identify and submit other critical teacher shortage
949	areas. Such submissions shortages must be aligned to current and
950	emerging educational requirements and workforce demands in order
951	to be certified to and approved by the State Board of Education.
952	High-priority High priority location areas shall be in high-
953	density, low-economic urban schools, and low-density, low-
954	economic rural schools, and schools identified as lowest
955	performing under s. 1008.33(4)(b) shall include schools which
956	meet criteria which include, but are not limited to, the
957	percentage of free lunches, the percentage of students under
958	Chapter I of the Education Consolidation and Improvement Act of
959	1981, and the faculty attrition rate.
960	(2)  This section shall be implemented only to the extent
961	as specifically funded and authorized by law.
962	Section 22.  Effective July 1, 2014, paragraph (c) of
963	subsection (1) of section 1012.22, Florida Statutes, is amended
964	to read:
965	1012.22  Public school personnel; powers and duties of the
966	district school board.-The district school board shall:
967	(1)  Designate positions to be filled, prescribe
968	qualifications for those positions, and provide for the
969	appointment, compensation, promotion, suspension, and dismissal
970	of employees as follows, subject to the requirements of this
971	chapter:
972	(c)  Compensation and salary schedules.-
973	1.a.  As provided in this paragraph, the district school
974	board shall adopt a salary schedule that compensates employees
975	based on their performance. The district school board shall
976	adopt a salary schedule or salary schedules designed to furnish
977	incentives for improvement in training and for continued
978	efficient service to be used as a basis for paying all school
979	employees and fix and authorize the compensation of school
980	employees on the basis thereof.
981	b.2.  A district school board, in determining the salary
982	adjustments schedule for instructional personnel and school-
983	based administrators, must base a portion of each employee's
984	adjustment only compensation on performance demonstrated under
985	s. 1012.34, must consider the prior teaching experience of a
986	person who has been designated state teacher of the year by any
987	state in the United States, and must consider prior professional
988	experience in the field of education gained in positions in
989	addition to district level instructional and administrative
990	positions.
991	c.3.  In developing the salary schedule, the district
992	school board shall seek input from parents, teachers, and
993	representatives of the business community.
994	2.4.  Beginning with the 2007-2008 academic year, Each
995	district school board shall adopt a salary adjustment for
996	schedule with differentiated pay for both instructional
997	personnel and school-based administrators. The salary schedule
998	is subject to negotiation as provided in chapter 447 and must
999	allow differentiated pay based on the following:
1000	a.  Assignment to a school in a high-priority location
1001	area, as defined in State Board of Education rule, with
1002	continued differentiated pay contingent upon documentation of
1003	performance under s. 1012.34;
1004	b.  Certification and teaching in critical teacher shortage
1005	areas, as defined in State Board of Education rule, with
1006	continued differentiated pay contingent upon documentation of
1007	performance under s. 1012.34; and
1008	c.  Assignment of additional academic responsibilities,
1009	with continued differentiated pay contingent upon documentation
1010	of performance under s. 1012.34.
1011	3.  A district school board shall adopt a salary schedule
1012	for beginning and renewing teachers as follows:
1013	a.  A beginning teacher. For purposes of this sub-
1014	subparagraph, the term "beginning teacher" is a classroom
1015	teacher as defined in s. 1012.01(2)(a), excluding a substitute
1016	teacher, who has no prior K-12 teaching experience.
1017	b.  A teacher who holds a valid professional standard
1018	certificate issued by another state and who is hired by the
1019	district school board.
1020	c.  A teacher who holds a valid professional certificate
1021	issued pursuant to s. 1012.56, who has not taught in the
1022	classroom at any time during the previous certification period,
1023	and who is hired by the district school board.
1024	4.  The salary schedule in subparagraph 3. shall be in
1025	effect only for the first year that the teacher provides
1026	instruction in a Florida K-12 classroom. A district school board
1027	may not use length of service or degrees held as a factor in
1028	setting a salary schedule district-determined factors,
1029	including, but not limited to, additional responsibilities,
1030	school demographics, critical shortage areas, and level of job
1031	performance difficulties.
1032	Section 23.  Section 1012.225, Florida Statutes, is
1033	repealed.
1034	Section 24.  Section 1012.2251, Florida Statutes, is
1035	repealed.
1036	Section 25.  Subsection (5) of section 1012.33, Florida
1037	Statutes, is amended to read:
1038	1012.33  Contracts with instructional staff, supervisors,
1039	and school principals.-
1040	(5)  Should a district school board have to choose from
1041	among its personnel who are on continuing contracts or
1042	professional service contracts as to which should be retained,
1043	such decisions shall be based primarily upon the employee's
1044	performance as provided in s. 1012.34 made pursuant to the terms
1045	of a collectively bargained agreement, when one exists. If no
1046	such agreement exists, the district school board shall prescribe
1047	rules to handle reductions in workforce.
1048	Section 26.  Section 1012.335, Florida Statutes, is created
1049	to read:
1050	1012.335  Contracts with classroom teachers hired on or
1051	after July 1, 2010.-
1052	(1)  DEFINITIONS.-As used in this section, the term:
1053	(a)  "Annual contract" means a contract for a period of no
1054	longer than 1 school year in which the district school board may
1055	choose to renew or not renew without cause.
1056	(b)  "Classroom teacher" means a classroom teacher as
1057	defined in s. 1012.01(2)(a), excluding substitute teachers.
1058	(c)  "Probationary contract" means a contract for a period
1059	of no longer than 1 school year during which a classroom teacher
1060	may be dismissed without cause or may resign from the
1061	contractual position without breach of contract.
1062	(2)  EMPLOYMENT.-
1063	(a)  Beginning July 1, 2010, each person newly hired as a
1064	classroom teacher by a school district shall receive a
1065	probationary contract.
1066	(b)  A classroom teacher may receive up to four annual
1067	contracts in a school district in this state if the teacher:
1068	1.  Holds a professional certificate as prescribed by s.
1069	1012.56 and in the rules of the State Board of Education; and
1070	2.  Has been recommended by the district school
1071	superintendent for the annual contract and approved by the
1072	district school board.
1073	(c)  A classroom teacher may not receive an annual contract
1074	for the 6th year of teaching and thereafter unless the classroom
1075	teacher:
1076	1.  Holds a professional certificate as prescribed by s.
1077	1012.56 and in the rules of the State Board of Education;
1078	2.  Has been recommended by the district school
1079	superintendent for the annual contract and approved by the
1080	district school board; and
1081	3.  Has received an effective or highly effective
1082	designation on his or her appraisal pursuant to s. 1012.34 in at
1083	least 2 of the 3 preceding years for each year an annual
1084	contract is sought.
1085	(3)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
1086	ANNUAL CONTRACT.-A classroom teacher who has an annual contract
1087	may be suspended or dismissed at any time during the term of the
1088	contract for just cause as provided in subsection (4). The
1089	district school board must notify a classroom teacher in writing
1090	whenever charges are made against the classroom teacher, and the
1091	district school board may suspend him or her without pay.
1092	However, if the charges are not sustained, the classroom teacher
1093	shall be immediately reinstated and his or her back pay shall be
1094	paid.
1095	(4)  JUST CAUSE.-The State Board of Education shall adopt
1096	rules to define the term "just cause." Just cause includes, but
1097	is not limited to:
1098	(a)  Immorality.
1099	(b)  Misconduct in office.
1100	(c)  Incompetency.
1101	(d)  Gross insubordination.
1102	(e)  Willful neglect of duty.
1103	(f)  Being convicted or found guilty of, or entering a plea
1104	of guilty to, regardless of adjudication of guilt, any crime
1105	involving moral turpitude.
1106	(g)  Poor performance as demonstrated by a lack of student
1107	learning gains, as specified in s. 1012.34.
1108	Section 27.  Section 1012.34, Florida Statutes, is amended
1109	to read:
1110	1012.34  Appraisal Assessment procedures and criteria.-
1111	(1)  For the purpose of increasing student achievement by
1112	improving the quality of instructional, administrative, and
1113	supervisory services in the public schools of the state, the
1114	district school superintendent shall establish procedures for
1115	evaluating assessing the performance of duties and
1116	responsibilities of all instructional, administrative, and
1117	supervisory personnel employed by the school district. The
1118	Department of Education must approve each district's
1119	instructional personnel appraisal assessment system and
1120	appraisal instruments. The Department of Education must approve
1121	each school-based administrator appraisal system and appraisal
1122	instruments. The department shall collect from each school
1123	district the annual performance ratings of all instructional and
1124	school-based administrative personnel and report the percentage
1125	of each of these employees receiving each rating category by
1126	school and by district to the Governor, the President of the
1127	Senate, and the Speaker of the House of Representatives.
1128	(2)  The following conditions must be considered in the
1129	design of the district's instructional personnel appraisal
1130	assessment system:
1131	(a)  The system must be designed to support high-quality
1132	instruction and increased academic achievement district and
1133	school level improvement plans.
1134	(b)  The system must provide appropriate appraisal
1135	instruments, procedures, and criteria for continuous quality
1136	improvement of the professional skills of instructional
1137	personnel.
1138	(c)  The system must include a mechanism to examine
1139	performance data from multiple sources, which includes giving
1140	give parents an opportunity to provide input into employee
1141	performance appraisals assessments when appropriate.
1142	(d)  In addition to addressing generic teaching
1143	competencies, districts must determine those teaching fields for
1144	which special procedures and criteria will be developed.
1145	(e)  Each district school board may establish a peer
1146	assistance process. The plan may provide a mechanism for
1147	assistance of persons who are placed on performance probation as
1148	well as offer assistance to other employees who request it.
1149	(f)  Each The district school board shall provide training
1150	programs that are based upon guidelines provided by the
1151	Department of Education to ensure that all individuals with
1152	evaluation responsibilities understand the proper use of the
1153	appraisal assessment criteria and procedures.
1154	(g)  The system must differentiate among four levels of
1155	performance: unsatisfactory, needs improvement, effective, and
1156	highly effective. The Commissioner of Education shall consult
1157	with performance pay experts and classroom teachers in
1158	developing the performance levels. Beginning with the 2014-2015
1159	school year and thereafter, instructional personnel and school-
1160	based administrators may not be rated as effective or highly
1161	effective if their students fail to demonstrate learning gains.
1162	(h)  The system must include a process for monitoring the
1163	effective and consistent use of appraisal criteria by
1164	supervisors and administrators and a process for evaluating the
1165	effectiveness of the system itself in improving the level of
1166	instruction and learning in the district's schools.
1167	(3)  The appraisal assessment procedure for instructional
1168	personnel and school administrators must be primarily based on
1169	the performance of students assigned to their classrooms or
1170	schools, as described in paragraph (a) appropriate. Pursuant to
1171	this section, A school district's performance appraisal
1172	assessment is not limited to basing unsatisfactory performance
1173	of instructional personnel and school administrators upon
1174	student performance, but may include other criteria approved to
1175	evaluate assess instructional personnel and school
1176	administrators' performance, or any combination of student
1177	performance and other approved criteria. The procedures must
1178	comply with, but are not limited to, the following requirements:
1179	(a)  An appraisal assessment must be conducted for each
1180	employee at least once a year, except that an appraisal for each
1181	teacher, as described in s. 1012.22(1)(c)3., must be conducted
1182	at least twice a year. The assessment must be based upon sound
1183	educational principles and contemporary research in effective
1184	educational practices. The assessment must primarily use data
1185	and indicators of improvement in student performance assessed
1186	annually as specified in s. 1008.22 and may consider results of
1187	peer reviews in evaluating the employee's performance. Student
1188	performance must be measured by state assessments required under
1189	s. 1008.22 and by local assessments for subjects and grade
1190	levels not measured by the state assessment program. The
1191	appraisal assessment criteria must include, but are not limited
1192	to, indicators that relate to the following:
1193	1.  Performance of students.
1194	a.  Beginning with the 2014-2015 school year and
1195	thereafter, for the classroom teacher, the learning gains of
1196	students assigned to the teacher must comprise more than 50
1197	percent of the determination of the classroom teacher's
1198	performance. Beginning with the 2014-2015 school year and
1199	thereafter, for instructional personnel, who are not classroom
1200	teachers, the learning gains of students assigned to the school
1201	must comprise more than 50 percent of the determination of the
1202	individual's performance. A school district may use the learning
1203	gains of students assigned to the classroom teacher for the
1204	preceding 3 years, or, for instructional personnel who are not
1205	classroom teachers, the learning gains of students assigned to
1206	the school for the preceding 3 years, to determine the
1207	individual's performance. For purposes of this sub-subparagraph,
1208	"school" means the school to which the instructional personnel,
1209	who is not a classroom teacher, was assigned for the last 3
1210	years. Student learning gains are measured by state assessments
1211	required under s. 1008.22, examinations in AP, IB, AICE, or a
1212	national industry certification identified in the Industry
1213	Certification Funding List pursuant to rules adopted by the
1214	State Board of Education, or district assessments for subject
1215	areas and grade levels as required under s. 1008.222.
1216	b.  For instructional personnel, more than 50 percent of
1217	the determination of the individual's performance must be based
1218	on the performance of students assigned to their classrooms or
1219	schools, as appropriate. Student performance must be measured by
1220	state assessments required under s. 1008.22 and by local
1221	assessments for subjects and grade levels not measured by the
1222	state assessment program. This sub-subparagraph expires July 1,
1223	2014.
1224	2.  Instructional practice. For instructional personnel,
1225	performance criteria must be based on the Florida Educator
1226	Accomplished Practices adopted by the State Board of Education
1227	by rule, which include:
1228	a.  Ability to maintain appropriate discipline.
1229	b.3.  Knowledge of subject matter. A district school board
1230	may consider advanced degrees held by instructional personnel.
1231	The district school board shall make special provisions for
1232	evaluating teachers who are 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,
1244	and 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
1248	thereafter, for a school-based administrator, the learning gains
1249	of students assigned to the school must comprise more than 50
1250	percent of the determination of the school-based administrator's
1251	performance. A school district may use the learning gains of
1252	students assigned to the school for the preceding 3 years to
1253	determine the school-based administrator's performance. For
1254	purposes of this sub-subparagraph, "school" means the school to
1255	which the administrator was assigned for the last 3 years.
1256	Student learning gains are measured by state assessments
1257	required under s. 1008.22, examinations in AP, IB, AICE, or a
1258	national industry certification identified in the Industry
1259	Certification Funding List pursuant to rules adopted by the
1260	State Board of Education, or district assessments for subject
1261	areas and grade levels as required under s. 1008.222.
1262	b.  For school-based administrators, more than 50 percent
1263	of the determination of the individual's performance must be
1264	based 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
1274	to maximize the share of resources used for direct instruction,
1275	as 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
1281	employee must evaluate assess the employee's performance. The
1282	evaluator must submit a written report of the appraisal
1283	assessment to the district school superintendent for the purpose
1284	of reviewing the employee's contract. The evaluator must submit
1285	the written report to the employee no later than 10 days after
1286	the appraisal assessment takes place. The evaluator must discuss
1287	the written report of the appraisal assessment with the
1288	employee. The employee shall have the right to initiate a
1289	written response to the appraisal assessment, and the response
1290	shall become a permanent attachment to his or her personnel
1291	file.
1292	(d)  If an employee is not performing his or her duties in
1293	a satisfactory manner, the evaluator shall notify the employee
1294	in writing of such determination. The notice must describe such
1295	unsatisfactory performance and include notice of the following
1296	procedural requirements:
1297	1.  Upon delivery of a notice of unsatisfactory
1298	performance, the evaluator must confer with the employee, make
1299	recommendations with respect to specific areas of unsatisfactory
1300	performance, and provide assistance in helping to correct
1301	deficiencies within a prescribed period of time.
1302	2.a.  If the employee holds an annual contract as provided
1303	in s. 1012.335, and receives an unsatisfactory performance
1304	appraisal pursuant to the criteria in subparagraph (a)2., the
1305	employee may request a review of the appraisal by the district
1306	school superintendent or his or her designee. The district
1307	school superintendent may review the employee's appraisal.
1308	b.  If the employee holds a professional service contract
1309	as provided in s. 1012.33, the employee shall be placed on
1310	performance probation and governed by the provisions of this
1311	section for 90 calendar days following the receipt of the notice
1312	of unsatisfactory performance to demonstrate corrective action.
1313	School holidays and school vacation periods are not counted when
1314	calculating the 90-calendar-day period. During the 90 calendar
1315	days, the employee who holds a professional service contract
1316	must be evaluated periodically and apprised of progress achieved
1317	and must be provided assistance and inservice training
1318	opportunities to help correct the noted performance
1319	deficiencies. At any time during the 90 calendar days, the
1320	employee who holds a professional service contract may request a
1321	transfer to another appropriate position with a different
1322	supervising administrator; however, a transfer does not extend
1323	the period for correcting performance deficiencies.
1324	c.b.  Within 14 days after the close of the 90 calendar
1325	days, the evaluator must evaluate assess whether the performance
1326	deficiencies have been corrected and forward a recommendation to
1327	the district school superintendent. Within 14 days after
1328	receiving the evaluator's recommendation, the district school
1329	superintendent must notify the employee who holds a professional
1330	service contract in writing whether the performance deficiencies
1331	have been satisfactorily corrected and whether the district
1332	school superintendent will recommend that the district school
1333	board continue or terminate his or her employment contract. If
1334	the employee wishes to contest the district school
1335	superintendent's recommendation, the employee must, within 15
1336	days after receipt of the district school superintendent's
1337	recommendation, submit a written request for a hearing. The
1338	hearing shall be conducted at the district school board's
1339	election in accordance with one of the following procedures:
1340	(I)  A direct hearing conducted by the district school
1341	board within 60 days after receipt of the written appeal. The
1342	hearing shall be conducted in accordance with the provisions of
1343	ss. 120.569 and 120.57. A majority vote of the membership of the
1344	district school board shall be required to sustain the district
1345	school superintendent's recommendation. The determination of the
1346	district school board shall be final as to the sufficiency or
1347	insufficiency of the grounds for termination of employment; or
1348	(II)  A hearing conducted by an administrative law judge
1349	assigned by the Division of Administrative Hearings of the
1350	Department of Management Services. The hearing shall be
1351	conducted within 60 days after receipt of the written appeal in
1352	accordance with chapter 120. The recommendation of the
1353	administrative law judge shall be made to the district school
1354	board. A majority vote of the membership of the district school
1355	board shall be required to sustain or change the administrative
1356	law judge's recommendation. The determination of the district
1357	school board shall be final as to the sufficiency or
1358	insufficiency of the grounds for termination of employment.
1359	(4)  The district school superintendent shall notify the
1360	department of any instructional personnel who receive two
1361	consecutive unsatisfactory evaluations and who have been given
1362	written notice by the district that their employment is being
1363	terminated or is not being renewed or that the district school
1364	board intends to terminate, or not renew, their employment. The
1365	department shall conduct an investigation to determine whether
1366	action shall be taken against the certificateholder pursuant to
1367	s. 1012.795(1)(c).
1368	(5)  The district school superintendent shall develop a
1369	mechanism for evaluating the effective use of appraisal
1370	assessment criteria and evaluation procedures by administrators
1371	who are assigned responsibility for evaluating the performance
1372	of instructional personnel. The use of the appraisal assessment
1373	and evaluation procedures shall be considered as part of the
1374	annual appraisal assessment of the administrator's performance.
1375	The system must include a mechanism to give parents and teachers
1376	an opportunity to provide input into the administrator's
1377	performance assessment, when appropriate.
1378	(6)  Nothing in this section shall be construed to grant a
1379	probationary employee a right to continued employment beyond the
1380	term of his or her contract.
1381	(7)  The district school board shall establish a procedure
1382	annually reviewing instructional personnel appraisal assessment
1383	systems to determine compliance with this section. All
1384	substantial revisions to an approved system must be reviewed and
1385	approved by the district school board before being used to
1386	evaluate assess instructional personnel. Upon request by a
1387	school district, the department shall provide assistance in
1388	developing, improving, or reviewing an appraisal assessment
1389	system.
1390	(8)  The State Board of Education shall adopt rules
1391	pursuant to ss. 120.536(1) and 120.54, that establish uniform
1392	guidelines for the submission, review, and approval of district
1393	procedures for the annual appraisal assessment of instructional
1394	personnel and school-based administrative personnel and that
1395	include the method of calculating rates of student learning tied
1396	to differentiated levels of performance as provided for in
1397	paragraph (2)(g) and criteria for evaluating professional
1398	performance.
1399	Section 28.  Subsection (3) is added to section 1012.42,
1400	Florida Statutes, to read:
1401	1012.42  Teacher teaching out-of-field.-
1402	(3)  CERTIFICATION REQUIREMENTS.-Beginning in the 2010-2011
1403	school year, a district school board shall not assign any
1404	beginning teacher to teach reading, science, or mathematics if
1405	he or she is not certified in reading, science, or mathematics.
1406	Section 29.  Section 1012.52, Florida Statutes, is
1407	repealed.
1408	Section 30.  Paragraph (c) of subsection (2), subsections
1409	(5), (6), and (7), paragraph (b) of subsection (9), and
1410	subsection (17) of section 1012.56, Florida Statutes, are
1411	amended to read:
1412	1012.56  Educator certification requirements.-
1413	(2)  ELIGIBILITY CRITERIA.-To be eligible to seek
1414	certification, a person must:
1415	(c)  Document receipt of a bachelor's or higher degree from
1416	an accredited institution of higher learning, or a nonaccredited
1417	institution of higher learning that the Department of Education
1418	has identified as having a quality program resulting in a
1419	bachelor's degree, or higher. Each applicant seeking initial
1420	certification must have attained at least a 2.5 overall grade
1421	point average on a 4.0 scale in the applicant's major field of
1422	study. The applicant may document the required education by
1423	submitting official transcripts from institutions of higher
1424	education or by authorizing the direct submission of such
1425	official transcripts through established electronic network
1426	systems. The bachelor's or higher degree may not be required in
1427	areas approved in rule by the State Board of Education as
1428	nondegreed areas. The State Board of Education may adopt rules
1429	that, for purposes of demonstrating completion of certification
1430	requirements specified in state board rule, allow for the
1431	acceptance of college course credits recommended by the American
1432	Council on Education (ACE), as posted on an official ACE
1433	transcript.
1434	(5)  MASTERY OF SUBJECT AREA KNOWLEDGE.-Acceptable means of
1435	demonstrating mastery of subject area knowledge are:
1436	(a)  Achievement of passing scores on subject area
1437	examinations required by state board rule, which may include,
1438	but need not be limited to, world languages in Arabic, Chinese,
1439	Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1440	Italian, Japanese, Portuguese, Russian, and Spanish;
1441	(b)  Completion of a bachelor's degree or higher and
1442	verification of the attainment of an oral proficiency interview
1443	score above the intermediate level and a written proficiency
1444	score above the intermediate level on a test administered by the
1445	American Council on the Teaching of Foreign Languages for which
1446	there is no Florida-developed examination;
1447	(c)  Completion of the subject area specialization
1448	requirements specified in state board rule and verification of
1449	the attainment of the essential subject matter competencies by
1450	the district school superintendent of the employing school
1451	district or chief administrative officer of the employing state-
1452	supported or private school for a subject area for which a
1453	subject area examination has not been developed and required by
1454	state board rule;
1455	(d)  Completion of the subject area specialization
1456	requirements specified in state board rule for a subject
1457	coverage requiring a master's or higher degree and achievement
1458	of a passing score on the subject area examination specified in
1459	state board rule;
1460	(e)  A valid professional standard teaching certificate
1461	issued by another state and achievement of a passing score on
1462	the subject area exam specified in State Board of Education rule
1463	or by a full demonstration of mastery of his or her ability to
1464	teach the subject area for which he or she is seeking
1465	certification, as provided by rules of the State Board of
1466	Education; or
1467	(f)  A valid certificate issued by the National Board for
1468	Professional Teaching Standards or a national educator
1469	credentialing board approved by the State Board of Education.
1470
1471	School districts are encouraged to provide mechanisms for those
1472	middle school teachers holding only a K-6 teaching certificate
1473	to obtain a subject area coverage for middle grades through
1474	postsecondary coursework or district add-on certification.
1475	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1476	COMPETENCE.-Acceptable means of demonstrating mastery of
1477	professional preparation and education competence are:
1478	(a)  Completion of an approved teacher preparation program
1479	at a postsecondary educational institution within this state and
1480	achievement of a passing score on the professional education
1481	competency examination required by state board rule;
1482	(b)  Completion of a teacher preparation program at a
1483	postsecondary educational institution outside Florida and
1484	achievement of a passing score on the professional education
1485	competency examination required by state board rule;
1486	(c)  A valid professional standard teaching certificate
1487	issued by another state;
1488	(d)  A valid certificate issued by the National Board for
1489	Professional Teaching Standards or a national educator
1490	credentialing board approved by the State Board of Education;
1491	(e)  Documentation of two semesters of successful teaching
1492	in a community college, state university, or private college or
1493	university that awards an associate or higher degree and is an
1494	accredited institution or an institution of higher education
1495	identified by the Department of Education as having a quality
1496	program;
1497	(f)  Completion of professional preparation courses as
1498	specified in state board rule, successful completion of a
1499	professional education competence demonstration program pursuant
1500	to paragraph (8)(b), and achievement of a passing score on the
1501	professional education competency examination required by state
1502	board rule;
1503	(g)  Successful completion of a professional preparation
1504	alternative certification and education competency program,
1505	outlined in paragraph (8)(a); or
1506	(h)  Successful completion of an alternative certification
1507	program pursuant to s. 1004.85 and achievement of a passing
1508	score on the professional education competency examination
1509	required by rule of the State Board of Education; or.
1510	(i)  Successful completion of a professional education
1511	training program provided by Teach for America and achievement
1512	of a passing score on the professional education competency
1513	examination required by rule of the State Board of Education.
1514	(7)  TYPES AND TERMS OF CERTIFICATION.-
1515	(a)  The Department of Education shall issue a professional
1516	certificate for a period not to exceed 5 years to any applicant
1517	who meets all the requirements outlined in subsection (2).
1518	(b)  The department shall issue a temporary certificate to
1519	any applicant who meets the following requirements:
1520	1.  Completes the requirements outlined in paragraphs
1521	(2)(a)-(f); and
1522	2.a.  Completes the subject area content requirements
1523	specified in state board rule; or
1524	b.  Demonstrates mastery of subject area knowledge pursuant
1525	to subsection (5); and
1526	3.  Holds an accredited degree or a degree approved by the
1527	Department of Education at the level required for the subject
1528	area specialization in state board rule.
1529	(c)  The department shall issue one nonrenewable 2-year
1530	temporary certificate and one nonrenewable 5-year professional
1531	certificate to a qualified applicant who holds a bachelor's
1532	degree in the area of speech-language impairment to allow for
1533	completion of a master's degree program in speech-language
1534	impairment.
1535
1536	Each temporary certificate is valid for 3 school fiscal years
1537	and is nonrenewable. However, the requirement in paragraphs
1538	paragraph (2)(g) and (h) must be met within 1 calendar year of
1539	the date of employment under the temporary certificate.
1540	Individuals who are employed under contract at the end of the 1
1541	calendar year time period may continue to be employed through
1542	the end of the school year in which they have been contracted. A
1543	school district shall not employ, or continue the employment of,
1544	an individual in a position for which a temporary certificate is
1545	required beyond this time period if the individual has not met
1546	the requirement of paragraph (2)(g) or paragraph (2)(h). The
1547	State Board of Education shall adopt rules to allow the
1548	department to extend the validity period of a temporary
1549	certificate for 2 years when the requirements for the
1550	professional certificate, not including the requirement in
1551	paragraph (2)(g) or paragraph (2)(h), were not completed due to
1552	the serious illness or injury of the applicant or other
1553	extraordinary extenuating circumstances. The department shall
1554	reissue the temporary certificate for 2 additional years upon
1555	approval by the Commissioner of Education. A written request for
1556	reissuance of the certificate shall be submitted by the district
1557	school superintendent, the governing authority of a university
1558	lab school, the governing authority of a state-supported school,
1559	or the governing authority of a private school.
1560	(9)  EXAMINATIONS.-
1561	(b)  The State Board of Education shall, by rule, specify
1562	the examination scores that are required for the issuance of a
1563	professional certificate and temporary certificate. Such rules
1564	must define generic subject area and reading instruction
1565	competencies and must establish uniform evaluation guidelines.
1566	The State Board of Education shall review the current subject
1567	area examinations and, if necessary, revise the passing scores
1568	and reading instruction pursuant to s. 1001.215 required for
1569	achieving certification in order to match expectations for
1570	teacher competency in each subject area.
1571	(17)  COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.-
1572	Beginning with the 2003-2004 school year, The Department of
1573	Education shall conduct a longitudinal study to compare
1574	performance of certificateholders who are employed in Florida
1575	school districts. The study shall compare a sampling of
1576	educators who have qualified for a professional certificate
1577	since July 1, 2002, based on the following:
1578	(a)  Graduation from a state-approved teacher preparation
1579	program.
1580	(b)  Completion of a state-approved professional
1581	preparation and education competency program.
1582	(c)  A valid standard teaching certificate issued by a
1583	state other than Florida.
1584
1585	The department comparisons shall be made to determine if there
1586	is any significant difference in the performance of these groups
1587	of teachers, as measured by their students' achievement levels
1588	and learning gains as measured by s. 1008.22.
1589	Section 31.  Paragraph (b) of subsection (2) and subsection
1590	(5) of section 1012.585, Florida Statutes, are amended, and
1591	subsection (6) is added to that section, to read:
1592	1012.585  Process for renewal of professional
1593	certificates.-
1594	(2)
1595	(b)  A teacher with national certification from the
1596	National Board for Professional Teaching Standards is deemed to
1597	meet state renewal requirements for the life of the teacher's
1598	national certificate in the subject shown on the national
1599	certificate. A complete renewal application and fee shall be
1600	submitted. The Commissioner of Education shall notify teachers
1601	of the renewal application and fee requirements. This paragraph
1602	expires July 1, 2014.
1603	(5)  The State Board of Education shall adopt rules to
1604	allow the reinstatement of expired professional certificates.
1605	The department may reinstate an expired professional certificate
1606	if the certificateholder:
1607	(a)  Submits an application for reinstatement of the
1608	expired certificate.
1609	(b)  Documents completion of 6 college credits during the 5
1610	years immediately preceding reinstatement of the expired
1611	certificate, completion of 120 inservice points, or a
1612	combination thereof, in an area specified in paragraph (3)(a).
1613	(c)  Meets the requirements in subsection (6).
1614	(d)(c)  During the 5 years immediately preceding
1615	reinstatement of the certificate, achieves a passing score on
1616	the subject area test for each subject to be shown on the
1617	reinstated certificate.
1618
1619	The requirements of this subsection may not be satisfied by
1620	subject area tests or college credits completed for issuance of
1621	the certificate that has expired.
1622	(6)  Beginning with the 2014-2015 school year, the
1623	requirements for the renewal of a professional certificate shall
1624	include documentation of effective or highly effective
1625	performance as demonstrated under s. 1012.34 for at least 4 of
1626	the preceding 5 years before the renewal certification is
1627	sought. The State Board of Education shall adopt rules to define
1628	the process for documenting effective performance under this
1629	subsection, including equivalent options for individuals who
1630	have not been evaluated under s. 1012.34. An individual's
1631	certificate shall expire if the individual is not able to
1632	demonstrate effective performance as required under this
1633	subsection and the rules of the state board. The individual may
1634	apply to reinstate his or her professional certificate under
1635	subsection (5).
1636	Section 32.  Subsection (2) of section 1012.72, Florida
1637	Statutes, is amended to read:
1638	1012.72  Dale Hickam Excellent Teaching Program.-
1639	(2)  The Dale Hickam Excellent Teaching Program is created
1640	to provide categorical funding for bonuses for teaching
1641	excellence. The bonuses may be provided for initial
1642	certification for up to one 10-year period for individuals
1643	holding NBPTS certification on July 1, 2010, and who remain
1644	continuously employed in a public school in this state or the
1645	Florida School for the Deaf and the Blind. The Department of
1646	Education shall distribute to each school district an amount as
1647	prescribed annually by the Legislature for the Dale Hickam
1648	Excellent Teaching Program. For purposes of this section, the
1649	Florida School for the Deaf and the Blind shall be considered a
1650	school district. Unless otherwise provided in the General
1651	Appropriations Act, each distribution shall be the sum of the
1652	amounts earned for the following:
1653	(a)  An annual bonus equal to 10 percent of the prior
1654	fiscal year's statewide average salary for classroom teachers to
1655	be distributed to the school district to be paid to each
1656	individual who holds NBPTS certification and is employed by the
1657	district school board or by a public school within the school
1658	district. The district school board shall distribute the annual
1659	bonus to each individual who meets the requirements of this
1660	paragraph and who is certified annually by the district to have
1661	demonstrated satisfactory teaching performance pursuant to s.
1662	1012.34. The annual bonus may be paid as a single payment or
1663	divided into not more than three payments.
1664	(b)  An annual bonus equal to 10 percent of the prior
1665	fiscal year's statewide average salary for classroom teachers to
1666	be distributed to the school district to be paid to each
1667	individual who meets the requirements of paragraph (a) and
1668	agrees, in writing, to provide the equivalent of 12 workdays of
1669	mentoring and related services to public school teachers within
1670	the state who do not hold NBPTS certification. Related services
1671	must include instruction in helping teachers work more
1672	effectively with the families of their students. The district
1673	school board shall distribute the annual bonus in a single
1674	payment following the completion of all required mentoring and
1675	related services for the year. It is not the intent of the
1676	Legislature to remove excellent teachers from their assigned
1677	classrooms; therefore, credit may not be granted by a school
1678	district or public school for mentoring or related services
1679	provided during student contact time during the 196 days of
1680	required service for the school year.
1681	(c)  The employer's share of social security and Medicare
1682	taxes for those teachers who receive bonus amounts under
1683	paragraph (a) or paragraph (b).
1684	Section 33.  Subsection (1) of section 1012.79, Florida
1685	Statutes, is amended to read:
1686	1012.79  Education Practices Commission; organization.-
1687	(1)  The Education Practices Commission consists of 25
1688	members, including 11 8 teachers; 5 administrators, at least one
1689	of whom may shall represent a private school; 5 7 lay citizens,
1690	3 5 of whom shall be parents of public school students and who
1691	are unrelated to public school employees and 2 of whom shall be
1692	former district school board members; and 4 5 sworn law
1693	enforcement officials, appointed by the State Board of Education
1694	from nominations by the Commissioner of Education and subject to
1695	Senate confirmation. Prior to making nominations, the
1696	commissioner shall consult with teaching associations, parent
1697	organizations, law enforcement agencies, and other involved
1698	associations in the state. In making nominations, the
1699	commissioner shall attempt to achieve equal geographical
1700	representation, as closely as possible.
1701	(a)  A teacher member, in order to be qualified for
1702	appointment:
1703	1.  Must be certified to teach in the state.
1704	2.  Must be a resident of the state.
1705	3.  Must have practiced the profession in this state for at
1706	least 10 years, with at least 5 years of experience in this
1707	state immediately preceding the appointment.
1708	(b)  A school administrator member, in order to be
1709	qualified for appointment:
1710	1.  Must have an endorsement on the educator certificate in
1711	the area of school administration or supervision.
1712	2.  Must be a resident of the state.
1713	3.  Must have practiced the profession as an administrator
1714	for at least 5 years immediately preceding the appointment.
1715	(c)  The lay members must be residents of the state.
1716	(d)  The law enforcement official members must have served
1717	in the profession for at least 5 years immediately preceding
1718	appointment and have background expertise in child safety.
1719	Section 34.  Paragraph (h) of subsection (1) of section
1720	1012.795, Florida Statutes, is amended to read:
1721	1012.795  Education Practices Commission; authority to
1722	discipline.-
1723	(1)  The Education Practices Commission may suspend the
1724	educator certificate of any person as defined in s. 1012.01(2)
1725	or (3) for up to 5 years, thereby denying that person the right
1726	to teach or otherwise be employed by a district school board or
1727	public school in any capacity requiring direct contact with
1728	students for that period of time, after which the holder may
1729	return to teaching as provided in subsection (4); may revoke the
1730	educator certificate of any person, thereby denying that person
1731	the right to teach or otherwise be employed by a district school
1732	board or public school in any capacity requiring direct contact
1733	with students for up to 10 years, with reinstatement subject to
1734	the provisions of subsection (4); may revoke permanently the
1735	educator certificate of any person thereby denying that person
1736	the right to teach or otherwise be employed by a district school
1737	board or public school in any capacity requiring direct contact
1738	with students; may suspend the educator certificate, upon an
1739	order of the court or notice by the Department of Revenue
1740	relating to the payment of child support; or may impose any
1741	other penalty provided by law, if the person:
1742	(h)  Has breached a contract, as provided in s. 1012.33(2)
1743	or s. 1012.335.
1744	Section 35.  Review of teacher preparation program
1745	funding.-
1746	(1)  The Department of Education, in collaboration with the
1747	Board of Governors, shall develop a methodology to determine the
1748	cost-effectiveness of the teacher preparation programs in ss.
1749	1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
1750	methodology for determining program costs must use existing
1751	expenditure data, when available.
1752	(2)  On or before December 1, 2011, the Department of
1753	Education shall submit a report to the Governor, the President
1754	of the Senate, and the Speaker of the House of Representatives
1755	which:
1756	(a)  Provides a methodology to evaluate the cost-
1757	effectiveness of teacher preparation programs based on program
1758	costs, program outcomes of student cohorts such as completion
1759	rates, placement rates in teaching jobs, retention rates in the
1760	classroom, and student achievement and learning gains of
1761	students taught by graduates;
1762	(b)  Uses the methodology developed to evaluate the cost-
1763	effectiveness of the state's teacher preparation programs; and
1764	(c)  Provides recommendations that would enhance the
1765	Legislature's ability to consider the program's productivity
1766	when allocating funds.
1767	(3)  The Office of Program Policy Analysis and Government
1768	Accountability shall review the current standards for the
1769	continued approval of teacher preparation programs and make
1770	recommendations to the Legislature on or before January 1, 2012,
1771	for any needed changes. Such recommendations shall include
1772	proposed changes to the allocation of any state funds to teacher
1773	preparation programs and the students enrolled in these
1774	programs.
1775	Section 36.  (1)  Any school district that received a grant
1776	of at least $75 million from a private foundation for the
1777	purpose of improving the effectiveness of teachers within the
1778	school district may seek an annual exemption from the State
1779	Board of Education of ss. 1008.222, 1011.626, Florida Statutes,
1780	as created by this act, and the amendments to ss. 1012.22 and
1781	1012.34, Florida Statutes, as amended by this act.
1782	(2)  To receive approval from the State Board of Education
1783	for an exemption under this section, a school district must
1784	demonstrate to the State Board of Education that it is
1785	implementing the following:
1786	(a)  A teacher appraisal system that uses student
1787	performance as the single greatest component of the teacher's
1788	evaluation.
1789	(b)  A teacher compensation system that awards salary
1790	increases based on sustained student performance.
1791	(c)  A teacher contract system that awards contracts based
1792	on student performance.
1793	(3)  The State Board of Education shall annually renew a
1794	school district's exemption if the school district provides a
1795	progress report that demonstrates that the school district
1796	continues to meet the requirements of subsection (2).
1797	(4)  The State Board of Education shall adopt rules
1798	pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1799	establish the procedures for applying for an exemption under
1800	this section.
1801	Section 37.  If any provision of this act or its
1802	application to any person or circumstance is held invalid, the
1803	invalidity does not affect other provisions or applications of
1804	the act which can be given effect without the invalid provision
1805	or application, and to this end the provisions of this act are
1806	severable.
1807	Section 38.  The amendments to s. 1012.33, Florida
1808	Statutes, shall apply to contracts newly entered into, extended,
1809	or readopted on or after July 1, 2010, and to all contracts on
1810	or after July 1, 2013.
1811	Section 39.  Except as otherwise expressly provided in this
1812	act, this act shall take effect July 1, 2010.

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