Florida Senate - 2014                              CS for SB 950
       
       
        
       By the Committee on Education; and Senator Stargel
       
       
       
       
       
       581-02432-14                                           2014950c1
    1                        A bill to be entitled                      
    2         An act relating to education; amending s. 1012.2315,
    3         F.S.; authorizing a school district to assign to a
    4         school that has earned failing grades certain newly
    5         hired instructional personnel; amending s. 1012.27,
    6         F.S.; revising the powers of a district school
    7         superintendent to include authorization to assign
    8         certain newly hired instructional personnel to a
    9         school that has earned failing grades based on the
   10         judgment of a school principal; amending s. 1012.56,
   11         F.S.; deleting obsolete provisions relating to
   12         acceptable means of demonstrating mastery of
   13         professional development; revising acceptable means of
   14         demonstrating mastery of subject area knowledge;
   15         conforming terminology; revising components of a
   16         competency-based professional development
   17         certification program; amending s. 1012.585, F.S.;
   18         revising certain requirements for the renewal or
   19         reinstatement of a professional certificate; providing
   20         an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (2) of section 1012.2315, Florida
   25  Statutes, is amended to read:
   26         1012.2315 Assignment of teachers.—
   27         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
   28         (a)A school district districts may not assign a higher
   29  percentage than the school district average of temporarily
   30  certified teachers, teachers in need of improvement, or out-of
   31  field teachers to schools graded “D” or “F” pursuant to s.
   32  1008.34.
   33         (b) Beginning July 1, 2014, a school district may assign an
   34  individual newly hired as instructional personnel to a school
   35  that has earned a grade of “F” in the previous year or any
   36  combination of three consecutive grades of “D” or “F” in the
   37  previous 3 years pursuant to s. 1008.34 if the individual:
   38         1. Has received an effective rating or highly effective
   39  rating in the immediate prior year’s performance evaluation
   40  pursuant s. 1012.34;
   41         2. Has successfully completed a professional education
   42  training program provided by Teach for America, holds a
   43  certificate issued pursuant to s. 1012.56, and holds a
   44  probationary contract pursuant to s. 1012.335(2)(a); or
   45         3. Holds a probationary contract pursuant to s.
   46  1012.335(2)(a), holds a certificate issued pursuant to s.
   47  1012.56, has successful teaching experience, and, in the
   48  judgment of the school principal, students would benefit from
   49  the placement of that individual.
   50  
   51  Each school district shall annually certify to the Commissioner
   52  of Education that the requirements in this subsection have this
   53  requirement has been met. If the commissioner determines that a
   54  school district is not in compliance with this subsection, the
   55  State Board of Education shall be notified and shall take action
   56  pursuant to s. 1008.32 in the next regularly scheduled meeting
   57  to require compliance.
   58         Section 2. Subsection (1) of section 1012.27, Florida
   59  Statutes, is amended to read:
   60         1012.27 Public school personnel; powers and duties of
   61  district school superintendent.—The district school
   62  superintendent is responsible for directing the work of the
   63  personnel, subject to the requirements of this chapter, and in
   64  addition the district school superintendent shall perform the
   65  following:
   66         (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
   67         (a) Recommend to the district school board duties and
   68  responsibilities which need to be performed and positions which
   69  need to be filled to make possible the development of an
   70  adequate school program in the district.
   71         (b) Recommend minimum qualifications of personnel for these
   72  various positions, and nominate in writing persons to fill such
   73  positions.
   74  
   75  For the purpose of this subsection, the district school
   76  superintendent’s recommendations for filling instructional
   77  positions at the school level must consider nominations received
   78  from school principals of the respective schools. The district
   79  school superintendent may assign an individual newly hired as
   80  instructional personnel to a school that has earned a grade of
   81  “F” in the previous year or any combination of three consecutive
   82  grades of “D” or “F” in the previous 3 years pursuant to s.
   83  1008.34 if the individual holds a probationary contract pursuant
   84  to s. 1012.335(2)(a), holds a certificate issued pursuant to s.
   85  1012.56, has successful teaching experience, and, in the
   86  judgment of the school principal, students would benefit from
   87  the placement of that individual. Before transferring a teacher
   88  who holds a professional teaching certificate from one school to
   89  another, the district school superintendent shall consult with
   90  the principal of the receiving school and allow the principal to
   91  review the teacher’s records, including student performance
   92  demonstrated under s. 1012.34, and interview the teacher. If, in
   93  the judgment of the principal, students would not benefit from
   94  the placement, an alternative placement may be sought. A
   95  principal may refuse the placement in accordance with s.
   96  1012.28(6).
   97         Section 3. Subsections (3), (5), and (6) and paragraph (a)
   98  of subsection (8) of section 1012.56, Florida Statutes, are
   99  amended to read:
  100         1012.56 Educator certification requirements.—
  101         (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
  102  demonstrating mastery of general knowledge are:
  103         (a) Achievement of passing scores on the basic skills
  104  examination required by state board rule;
  105         (b) Achievement of passing scores on the College Level
  106  Academic Skills Test earned prior to July 1, 2002;
  107         (b)(c) A valid professional standard teaching certificate
  108  issued by another state;
  109         (c)(d) A valid certificate issued by the National Board for
  110  Professional Teaching Standards or a national educator
  111  credentialing board approved by the State Board of Education; or
  112         (d)(e) Documentation of two semesters of successful
  113  teaching in a Florida College System institution, state
  114  university, or private college or university that awards an
  115  associate or higher degree and is an accredited institution or
  116  an institution of higher education identified by the Department
  117  of Education as having a quality program.
  118         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
  119  demonstrating mastery of subject area knowledge are:
  120         (a) Achievement of passing scores on subject area
  121  examinations required by state board rule for subjects requiring
  122  no more than a bachelor’s degree, which may include, but need
  123  not be limited to, world languages in Arabic, Chinese, Farsi,
  124  French, German, Greek, Haitian Creole, Hebrew, Hindi, Italian,
  125  Japanese, Portuguese, Russian, and Spanish;
  126         (b) Completion of a bachelor’s degree or higher and
  127  verification of the attainment of a passing score, as specified
  128  in state board rule, on a subject area content knowledge
  129  examination an oral proficiency interview score above the
  130  intermediate level and a written proficiency score above the
  131  intermediate level on a test administered by the American
  132  Council on the Teaching of Foreign Languages or a standardized
  133  assessment approved by state board rule for certification
  134  subjects for which there is no Florida-developed examination;
  135         (c) Completion of the subject area specialization
  136  requirements specified in state board rule and verification of
  137  the attainment of the essential subject matter competencies by
  138  the district school superintendent of the employing school
  139  district or chief administrative officer of the employing state
  140  supported or private school for a subject area for which a
  141  subject area examination has not been developed and required by
  142  state board rule;
  143         (d) Completion of the subject area specialization
  144  requirements specified in state board rule for a subject
  145  coverage requiring a master’s or higher degree and achievement
  146  of a passing score on the subject area examination or a
  147  standardized examination or assessment approved as specified in
  148  state board rule;
  149         (e) A valid professional standard teaching certificate
  150  issued by another state; or
  151         (f) A valid certificate issued by the National Board for
  152  Professional Teaching Standards or a national educator
  153  credentialing board approved by the State Board of Education.
  154  
  155  A school district is districts are encouraged to provide
  156  mechanisms for those middle school teachers holding only a K-6
  157  teaching certificate to obtain a subject area coverage for
  158  middle grades through postsecondary coursework or district add
  159  on certification.
  160         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
  161  COMPETENCE.—Acceptable means of demonstrating mastery of
  162  professional preparation and education competence are:
  163         (a) Completion of an approved teacher preparation program
  164  at a postsecondary educational institution within this state and
  165  achievement of a passing score on the professional education
  166  competency examination required by state board rule;
  167         (b) Completion of a teacher preparation program at a
  168  postsecondary educational institution outside Florida and
  169  achievement of a passing score on the professional education
  170  competency examination required by state board rule;
  171         (c) A valid professional standard teaching certificate
  172  issued by another state;
  173         (d) A valid certificate issued by the National Board for
  174  Professional Teaching Standards or a national educator
  175  credentialing board approved by the State Board of Education;
  176         (e) Documentation of two semesters of successful teaching
  177  in a Florida College System institution, state university, or
  178  private college or university that awards an associate or higher
  179  degree and is an accredited institution or an institution of
  180  higher education identified by the Department of Education as
  181  having a quality program;
  182         (f) Completion of professional preparation courses as
  183  specified in state board rule, successful completion of a
  184  professional education competence demonstration program pursuant
  185  to paragraph (8)(b), and achievement of a passing score on the
  186  professional education competency examination required by state
  187  board rule;
  188         (g) Successful completion of a professional development
  189  preparation alternative certification and education competency
  190  program, outlined in paragraph (8)(a); or
  191         (h) Successful completion of a competency-based an
  192  alternative certification program pursuant to s. 1004.85 and
  193  achievement of a passing score on the professional education
  194  competency examination required by rule of the State Board of
  195  Education; or.
  196         (i) Successful completion of a professional education
  197  training program provided by Teach for America and achievement
  198  of a passing score on the professional education competency
  199  examination required by rule of the State Board of Education.
  200         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
  201  COMPETENCY PROGRAM.—
  202         (a) The Department of Education shall develop and each
  203  school district may provide a cohesive, competency-based
  204  professional development certification program by which members
  205  of a school district’s instructional staff may satisfy the
  206  mastery of professional preparation and education competence
  207  requirements specified in this subsection and rules of the State
  208  Board of Education. Participants must hold a state-issued
  209  temporary certificate. A school district that implements the
  210  program shall provide a competency-based certification program
  211  developed by the Department of Education or developed by the
  212  district and approved by the Department of Education. The
  213  program must shall include the following components:
  214         1. A minimum period of initial preparation before assuming
  215  duties as the teacher of record.
  216         2. An option for collaboration between school districts and
  217  other supporting agencies or educational entities for
  218  implementation.
  219         3. Experienced peer mentors. Each individual selected by
  220  the district as a peer mentor must hold a valid professional
  221  certificate issued pursuant to this section, must have earned at
  222  least 3 years of teaching experience in prekindergarten through
  223  grade 12, and must have earned an effective or highly effective
  224  rating on the prior year’s performance evaluation under s.
  225  1012.34 or be a peer evaluator under the district’s evaluation
  226  system approved under s. 1012.34.
  227         4. An assessment of teaching performance aligned to the
  228  district’s system for personnel evaluation under s. 1012.34
  229  which provides for:
  230         a. An initial evaluation of each educator’s competencies to
  231  determine an appropriate individualized professional development
  232  plan.
  233         b. A summative evaluation to assure successful completion
  234  of the program.
  235         5. Professional education preparation content knowledge
  236  that includes, but is not limited to, the following:
  237         a. The state-adopted student content standards, including
  238  scientifically based reading instruction, content literacy, and
  239  mathematical practices, for each subject identified on the
  240  temporary certificate.
  241         b. The educator-accomplished practices approved by the
  242  state board.
  243         c. A variety of data indicators for monitoring student
  244  progress.
  245         d. Methodologies for teaching students with disabilities.
  246         e. Methodologies for teaching English language learners
  247  appropriate for each subject area identified on the temporary
  248  certificate.
  249         f. Techniques and strategies for operationalizing the role
  250  of the teacher in assuring a safe learning environment for
  251  students.
  252         6. Required achievement of passing scores on the subject
  253  area and professional education competency examination required
  254  by State Board of Education rule. Mastery of general knowledge
  255  must be demonstrated as described in subsection (3).
  256         Section 4. Paragraphs (b) and (d) of subsection (3) and
  257  paragraph (b) of subsection (5) of section 1012.585, Florida
  258  Statutes, are amended to read:
  259         1012.585 Process for renewal of professional certificates.—
  260         (3) For the renewal of a professional certificate, the
  261  following requirements must be met:
  262         (b) In lieu of college course credit or inservice points,
  263  the applicant may renew a specialization area by passage of a
  264  state-board-approved state board approved subject area test,
  265  including another standardized examination or assessment.
  266         (d) The State Board of Education shall adopt rules for the
  267  expanded use of training for renewal of the professional
  268  certificate for educators who are required to complete training
  269  in teaching students of limited English proficiency, training in
  270  teaching students with disabilities, and training in the
  271  teaching of reading as follows:
  272         1. A teacher who holds a professional certificate may use
  273  college credits or inservice points completed in training in
  274  English for Speakers of Other Languages, in teaching students
  275  with disabilities, English-for-Speakers-of-Other-Languages
  276  training and training in the teaching of reading in excess of 6
  277  semester hours during one certificate-validity period toward
  278  renewal of the professional certificate during the subsequent
  279  validity periods.
  280         2. A teacher who holds a temporary certificate may use
  281  college credits or inservice points completed in training in
  282  English for Speakers of Other Languages, in teaching students
  283  with disabilities, English-for-Speakers-of-Other-Languages
  284  training and training in the teaching of reading toward renewal
  285  of the teacher’s first professional certificate. Such training
  286  must not have been included within the degree program, and the
  287  teacher’s temporary and professional certificates must be issued
  288  for consecutive school years.
  289         (5) The State Board of Education shall adopt rules to allow
  290  the reinstatement of expired professional certificates. The
  291  department may reinstate an expired professional certificate if
  292  the certificateholder:
  293         (b) Documents completion of 6 college credits during the 5
  294  years immediately preceding reinstatement of the expired
  295  certificate, completion of 120 inservice points, or a
  296  combination thereof, in an area specified in paragraph (3)(a) to
  297  include the credit specified in paragraph (3)(e).
  298  
  299  The requirements of this subsection may not be satisfied by
  300  subject area tests or college credits completed for issuance of
  301  the certificate that has expired.
  302         Section 5. This act shall take effect July 1, 2014.