Florida Senate - 2014                       CS for CS for SB 950
       
       
        
       By the Committees on Appropriations; and Education; and Senator
       Stargel
       
       
       
       
       576-04526-14                                           2014950c2
    1                        A bill to be entitled                      
    2         An act relating to educator certification; amending s.
    3         1004.04, F.S.; providing requirements for certain
    4         instructional personnel who supervise or direct
    5         preservice field experience courses or internships;
    6         amending s. 1012.2315, F.S.; authorizing a school
    7         district to assign to a school that has earned failing
    8         grades certain newly hired instructional personnel;
    9         amending s. 1012.27, F.S.; revising the powers of a
   10         district school superintendent to include filling
   11         instructional positions and assigning newly hired
   12         instructional personnel; amending s. 1012.56, F.S.;
   13         deleting an obsolete provision; revising acceptable
   14         means of demonstrating mastery of general knowledge,
   15         subject area knowledge, and professional preparation
   16         and education competence; authorizing the State Board
   17         of Education to adopt rules; revising components of a
   18         competency-based professional development
   19         certification and education competency program;
   20         repealing s. 1012.56(17), F.S., relating to a study to
   21         compare the performance of certain certificateholders;
   22         amending s. 1012.585, F.S.; revising certain
   23         requirements for the renewal or reinstatement of a
   24         professional certificate; amending s. 1012.98, F.S.;
   25         authorizing a consortium of certain charter schools to
   26         develop a professional development system; providing
   27         an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (b) of subsection (5) of section
   32  1004.04, Florida Statutes, is amended to read:
   33         1004.04 Public accountability and state approval for
   34  teacher preparation programs.—
   35         (5) PRESERVICE FIELD EXPERIENCE.—All postsecondary
   36  instructors, school district personnel and instructional
   37  personnel, and school sites preparing instructional personnel
   38  through preservice field experience courses and internships
   39  shall meet special requirements. District school boards may pay
   40  student teachers during their internships.
   41         (b)1. All school district personnel and instructional
   42  personnel who supervise or direct teacher preparation students
   43  during field experience courses or internships taking place in
   44  this state in which candidates demonstrate an impact on student
   45  learning growth must have evidence of “clinical educator”
   46  training, a valid professional certificate issued pursuant to s.
   47  1012.56, and at least 3 years of teaching experience in
   48  prekindergarten through grade 12 and must have earned an
   49  effective or highly effective rating on the prior year’s
   50  performance evaluation under s. 1012.34 or be a peer evaluator
   51  under the district’s evaluation system approved under s.
   52  1012.34. The State Board of Education shall approve the training
   53  requirements.
   54         2. All instructional personnel who supervise or direct
   55  teacher preparation students during field experience courses or
   56  internships in another state in which candidates demonstrate
   57  impact on student learning growth, through a Florida online or
   58  distance program, must have received “clinical educator”
   59  training or its equivalent in that state, hold a valid
   60  professional certificate issued by the state in which the field
   61  experience takes place, and have at least 3 years of teaching
   62  experience in prekindergarten through grade 12.
   63         3. All instructional personnel who supervise or direct
   64  teacher preparation students during field experience courses or
   65  internships in which candidates demonstrate impact on student
   66  learning growth, on a United States military base in another
   67  country through a Florida online or distance program, must have
   68  received “clinical educator” training or its equivalent, hold a
   69  valid professional certificate issued by the United States
   70  Department of Defense or a state or territory of the United
   71  States, and have at least 3 years of teaching experience in
   72  prekindergarten through grade 12.
   73         Section 2. Subsection (2) of section 1012.2315, Florida
   74  Statutes, is amended to read:
   75         1012.2315 Assignment of teachers.—
   76         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
   77         (a)A school district districts may not assign a higher
   78  percentage than the school district average of temporarily
   79  certified teachers, teachers in need of improvement, or out-of
   80  field teachers to schools graded “D” or “F” pursuant to s.
   81  1008.34.
   82         (b) Beginning July 1, 2014, a school district may assign an
   83  individual newly hired as instructional personnel to a school
   84  that has earned a grade of “F” in the previous year or any
   85  combination of three consecutive grades of “D” or “F” in the
   86  previous 3 years pursuant to s. 1008.34 if the individual:
   87         1. Has received an effective rating or highly effective
   88  rating in the immediate prior year’s performance evaluation
   89  pursuant s. 1012.34;
   90         2. Is enrolled in a professional education training program
   91  provided by Teach for America, holds a certificate issued
   92  pursuant to s. 1012.56, and holds a probationary contract
   93  pursuant to s. 1012.335(2)(a); or
   94         3. Holds a probationary contract pursuant to s.
   95  1012.335(2)(a), holds a certificate issued pursuant to s.
   96  1012.56, and has successful teaching experience and if, in the
   97  judgment of the school principal, students would benefit from
   98  the placement of that individual.
   99  
  100  Each school district shall annually certify to the Commissioner
  101  of Education that the requirements in this subsection have this
  102  requirement has been met. If the commissioner determines that a
  103  school district is not in compliance with this subsection, the
  104  State Board of Education shall be notified and shall take action
  105  pursuant to s. 1008.32 in the next regularly scheduled meeting
  106  to require compliance.
  107         Section 3. Subsection (1) of section 1012.27, Florida
  108  Statutes, is amended to read:
  109         1012.27 Public school personnel; powers and duties of
  110  district school superintendent.—The district school
  111  superintendent is responsible for directing the work of the
  112  personnel, subject to the requirements of this chapter, and in
  113  addition the district school superintendent shall perform the
  114  following:
  115         (1) POSITIONS, QUALIFICATIONS, AND NOMINATIONS.—
  116         (a) Recommend to the district school board duties and
  117  responsibilities which need to be performed and positions which
  118  need to be filled to make possible the development of an
  119  adequate school program in the district.
  120         (b) Recommend minimum qualifications of personnel for these
  121  various positions, and nominate in writing persons to fill such
  122  positions.
  123         (c)The district school superintendent’s recommendations
  124  for filling instructional positions at the school level must
  125  Consider nominations received from school principals of the
  126  respective schools for filling instructional positions at the
  127  school level.
  128         (d) Comply with s. 1012.2315(2)(b) for the assignment of
  129  newly hired individuals to schools described in s.
  130  1012.2315(2)(b).
  131  
  132  Before transferring a teacher who holds a professional teaching
  133  certificate from one school to another under this subsection,
  134  the district school superintendent shall consult with the
  135  principal of the receiving school and allow the principal to
  136  review the teacher’s records, including student performance
  137  demonstrated under s. 1012.34, and interview the teacher. If, in
  138  the judgment of the principal, students would not benefit from
  139  the placement, an alternative placement may be sought. A
  140  principal may refuse the placement in accordance with s.
  141  1012.28(6).
  142         Section 4. Subsections (3), (5), and (6) and paragraphs (a)
  143  and (b) of subsection (8) of section 1012.56, Florida Statutes,
  144  are amended to read:
  145         1012.56 Educator certification requirements.—
  146         (3) MASTERY OF GENERAL KNOWLEDGE.—Acceptable means of
  147  demonstrating mastery of general knowledge are:
  148         (a) Achievement of passing scores on the general knowledge
  149  basic skills examination required by state board rule;
  150         (b) Achievement of passing scores on the College Level
  151  Academic Skills Test earned prior to July 1, 2002;
  152         (b)(c)Documentation of a valid professional standard
  153  teaching certificate issued by another state;
  154         (c)(d)Documentation of a valid certificate issued by the
  155  National Board for Professional Teaching Standards or a national
  156  educator credentialing board approved by the State Board of
  157  Education; or
  158         (d)(e) Documentation of two semesters of successful, full
  159  time teaching in a Florida College System institution, state
  160  university, or private college or university that awards an
  161  associate or higher degree and is an accredited institution or
  162  an institution of higher education identified by the Department
  163  of Education as having a quality program; or
  164         (e) Effective July 1, 2015, achievement of passing scores,
  165  identified in state board rule, on national or international
  166  examinations that test comparable content and relevant standards
  167  in the verbal, analytical writing, and quantitative reasoning
  168  skills, including, but not limited to, the verbal, analytical
  169  writing, and quantitative reasoning portions of the Graduate
  170  Record Examination. Passing scores identified in state board
  171  rule must be at approximately the same level of rigor as is
  172  required to pass the general knowledge examinations.
  173         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
  174  demonstrating mastery of subject area knowledge are:
  175         (a) For a subject requiring only a baccalaureate degree for
  176  which a Florida subject area examination has been developed,
  177  achievement of a passing score scores on the Florida-developed
  178  subject area examination specified in examinations required by
  179  state board rule, which may include, but need not be limited to,
  180  world languages in Arabic, Chinese, Farsi, French, German,
  181  Greek, Haitian Creole, Hebrew, Hindi, Italian, Japanese,
  182  Portuguese, Russian, and Spanish;
  183         (b) For a subject for which a Florida subject area
  184  examination has not been developed, achievement of a passing
  185  score on a standardized examination specified in state board
  186  rule, including, but not limited to, passing scores on both the
  187  oral proficiency and written proficiency examinations Completion
  188  of a bachelor’s degree or higher and verification of the
  189  attainment of an oral proficiency interview score above the
  190  intermediate level and a written proficiency score above the
  191  intermediate level on a test administered by the American
  192  Council on the Teaching of Foreign Languages for which there is
  193  no Florida-developed examination;
  194         (c) For a subject for which a Florida subject area
  195  examination has not been developed or a standardized examination
  196  has not been specified in state board rule, completion of the
  197  subject area specialization requirements specified in state
  198  board rule and verification of the attainment of the essential
  199  subject matter competencies by the district school
  200  superintendent of the employing school district or chief
  201  administrative officer of the employing state-supported or
  202  private school for a subject area for which a subject area
  203  examination has not been developed and required by state board
  204  rule;
  205         (d) For a subject requiring a master’s or higher degree,
  206  completion of the subject area specialization requirements
  207  specified in state board rule for a subject coverage requiring a
  208  master’s or higher degree and achievement of a passing score on
  209  the Florida-developed subject area examination or a standardized
  210  examination specified in state board rule;
  211         (e) Documentation of a valid professional standard teaching
  212  certificate issued by another state; or
  213         (f) Documentation of a valid certificate issued by the
  214  National Board for Professional Teaching Standards or a national
  215  educator credentialing board approved by the State Board of
  216  Education.
  217  
  218  School districts are encouraged to provide mechanisms for those
  219  middle grades school teachers holding only a K-6 teaching
  220  certificate to obtain a subject area coverage for middle grades
  221  through postsecondary coursework or district add-on
  222  certification.
  223         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
  224  COMPETENCE.—Acceptable means of demonstrating mastery of
  225  professional preparation and education competence are:
  226         (a) Successful completion of an approved teacher
  227  preparation program at a postsecondary educational institution
  228  within this state and achievement of a passing score on the
  229  professional education competency examination required by state
  230  board rule;
  231         (b) Successful completion of a teacher preparation program
  232  at a postsecondary educational institution outside Florida and
  233  achievement of a passing score on the professional education
  234  competency examination required by state board rule;
  235         (c) Documentation of a valid professional standard teaching
  236  certificate issued by another state;
  237         (d) Documentation of a valid certificate issued by the
  238  National Board for Professional Teaching Standards or a national
  239  educator credentialing board approved by the State Board of
  240  Education;
  241         (e) Documentation of two semesters of successful, full-time
  242  teaching in a Florida College System institution, state
  243  university, or private college or university that awards an
  244  associate or higher degree and is an accredited institution or
  245  an institution of higher education identified by the Department
  246  of Education as having a quality program and achievement of a
  247  passing score on the professional education competency
  248  examination required by state board rule;
  249         (f) Successful completion of professional preparation
  250  courses as specified in state board rule, successful completion
  251  of a professional preparation and education competence
  252  demonstration program pursuant to paragraph (8)(b), and
  253  achievement of a passing score on the professional education
  254  competency examination required by state board rule;
  255         (g) Successful completion of a professional development
  256  preparation alternative certification and education competency
  257  program, outlined in paragraph (8)(a); or
  258         (h) Successful completion of a competency-based an
  259  alternative certification program pursuant to s. 1004.85 and
  260  achievement of a passing score on the professional education
  261  competency examination required by state board rule of the State
  262  Board of Education.
  263  
  264  The State Board of Education may adopt rules to approve specific
  265  teacher preparation programs that are not identified in this
  266  subsection which may be used to meet requirements for mastery of
  267  professional preparation and education competence.
  268         (8) PROFESSIONAL DEVELOPMENT CERTIFICATION AND EDUCATION
  269  COMPETENCY PROGRAM.—
  270         (a) The Department of Education shall develop and each
  271  school district may provide a cohesive competency-based
  272  professional development certification and education competency
  273  program by which members of a school district’s instructional
  274  staff may satisfy the mastery of professional preparation and
  275  education competence requirements specified in this subsection
  276  (6) and state board rules of the State Board of Education.
  277  Participants must hold a state-issued temporary certificate. A
  278  school district that implements the program shall provide a
  279  competency-based certification program developed by the
  280  Department of Education or developed by the district and
  281  approved by the Department of Education. The program shall
  282  include the following components:
  283         1. A minimum period of initial preparation before assuming
  284  duties as the teacher of record.
  285         2. An option for collaboration between school districts and
  286  other supporting agencies or educational entities for
  287  implementation.
  288         3. An experienced peer-mentor component peer mentors. Each
  289  individual selected by the district as a peer mentor must hold a
  290  valid professional certificate issued pursuant to this section,
  291  must have earned at least 3 years of teaching experience in
  292  prekindergarten through grade 12, and must have earned an
  293  effective or highly effective rating on the prior year’s
  294  performance evaluation under s. 1012.34 or be a peer evaluator
  295  under the district’s evaluation system approved under s.
  296  1012.34.
  297         4. An assessment of teaching performance aligned to the
  298  district’s system for personnel evaluation under s. 1012.34
  299  which provides for:
  300         a. An initial evaluation of each educator’s competencies to
  301  determine an appropriate individualized professional development
  302  plan.
  303         b. A summative evaluation to assure successful completion
  304  of the program.
  305         5. Professional education preparation content knowledge
  306  that includes, but is not limited to, the following:
  307         a. The state state-adopted student content standards
  308  provided in s. 1003.41, including scientifically based reading
  309  instruction, content literacy, and mathematical practices, for
  310  each subject identified on the temporary certificate.
  311         b. The educator-accomplished practices approved by the
  312  state board.
  313         c. A variety of data indicators for monitoring student
  314  progress.
  315         d. Methodologies for teaching students with disabilities.
  316         e. Methodologies for teaching students of limited English
  317  proficiency English language learners appropriate for each
  318  subject area identified on the temporary certificate.
  319         f. Techniques and strategies for operationalizing the role
  320  of the teacher in assuring a safe learning environment for
  321  students.
  322         6. Required achievement of passing scores on the subject
  323  area and professional education competency examination required
  324  by State Board of Education rule. Mastery of general knowledge
  325  must be demonstrated as described in subsection (3).
  326         (b)1. Each school district must and a state supported
  327  public school or a private school may develop and maintain a
  328  system by which members of the instructional staff may
  329  demonstrate mastery of professional preparation and education
  330  competence as required by law. Each program must be based on
  331  classroom application of the Florida Educator Accomplished
  332  Practices and instructional performance and, for public schools,
  333  must be aligned with the district’s evaluation system approved
  334  under s. 1012.34.
  335         2. The Commissioner of Education shall determine the
  336  continued approval of programs implemented under this paragraph,
  337  based upon the department’s review of performance data. The
  338  department shall review the performance data as a part of the
  339  periodic review of each school district’s professional
  340  development system required under s. 1012.98.
  341         Section 5. Subsection (17) of section 1012.56, Florida
  342  Statutes, is repealed.
  343         Section 6. Subsections (3) and (5) of section 1012.585,
  344  Florida Statutes, are amended to read:
  345         1012.585 Process for renewal of professional certificates.—
  346         (3) For the renewal of a professional certificate, the
  347  following requirements must be met:
  348         (a) The applicant must earn a minimum of 6 college credits
  349  or 120 inservice points or a combination thereof. For each area
  350  of specialization to be retained on a certificate, the applicant
  351  must earn at least 3 of the required credit hours or equivalent
  352  inservice points in the specialization area. Education in
  353  “clinical educator” training pursuant to s. 1004.04(5)(b) and
  354  credits or points that provide training in the area of
  355  scientifically researched, knowledge-based reading literacy and
  356  computational skills acquisition, exceptional student education,
  357  normal child development, and the disorders of development may
  358  be applied toward any specialization area. Credits or points
  359  that provide training in the areas of drug abuse, child abuse
  360  and neglect, strategies in teaching students having limited
  361  proficiency in English, or dropout prevention, or training in
  362  areas identified in the educational goals and performance
  363  standards adopted pursuant to ss. 1000.03(5) and 1008.345 may be
  364  applied toward any specialization area. Credits or points earned
  365  through approved summer institutes may be applied toward the
  366  fulfillment of these requirements. Inservice points may also be
  367  earned by participation in professional growth components
  368  approved by the State Board of Education and specified pursuant
  369  to s. 1012.98 in the district’s approved master plan for
  370  inservice educational training, including, but not limited to,
  371  serving as a trainer in an approved teacher training activity,
  372  serving on an instructional materials committee or a state board
  373  or commission that deals with educational issues, or serving on
  374  an advisory council created pursuant to s. 1001.452.
  375         (b) In lieu of college course credit or inservice points,
  376  the applicant may renew a subject area specialization area by
  377  passage of a state board approved Florida-developed subject area
  378  examination or, if a Florida subject area examination has not
  379  been developed, a standardized examination specified in state
  380  board rule test.
  381         (c) If an applicant wishes to retain more than two
  382  specialization areas on the certificate, the applicant shall be
  383  permitted two successive validity periods for renewal of all
  384  specialization areas, but must earn no fewer than 6 college
  385  course credit hours or the equivalent in any one validity
  386  period.
  387         (d) The State Board of Education shall adopt rules for the
  388  expanded use of training for renewal of the professional
  389  certificate for educators who are required to complete training
  390  in teaching students of limited English proficiency or students
  391  with disabilities and training in the teaching of reading as
  392  follows:
  393         1. A teacher who holds a professional certificate may use
  394  college credits or inservice points earned through training in
  395  teaching students of limited English proficiency or students
  396  with disabilities completed in English-for-Speakers-of-Other
  397  Languages training and training in the teaching of reading in
  398  excess of 6 semester hours during one certificate-validity
  399  period toward renewal of the professional certificate during the
  400  subsequent validity periods.
  401         2. A teacher who holds a temporary certificate may use
  402  college credits or inservice points earned through training in
  403  teaching students of limited English proficiency or students
  404  with disabilities completed in English-for-Speakers-of-Other
  405  Languages training and training in the teaching of reading
  406  toward renewal of the teacher’s first professional certificate.
  407  Such training must not have been included within the degree
  408  program, and the teacher’s temporary and professional
  409  certificates must be issued for consecutive school years.
  410         (e) Beginning July 1, 2014, an applicant for renewal of a
  411  professional certificate must earn a minimum of one college
  412  credit or the equivalent inservice points in the area of
  413  instruction for teaching students with disabilities. The
  414  requirement in this paragraph may not add to the total hours
  415  required by the department for continuing education or inservice
  416  training.
  417         (5) The State Board of Education shall adopt rules to allow
  418  the reinstatement of expired professional certificates. The
  419  department may reinstate an expired professional certificate if
  420  the certificateholder:
  421         (a) Submits an application for reinstatement of the expired
  422  certificate.
  423         (b) Documents completion of 6 college credits during the 5
  424  years immediately preceding reinstatement of the expired
  425  certificate, completion of 120 inservice points, or a
  426  combination thereof, in an area specified in paragraph (3)(a) to
  427  include the credit required under paragraph (3)(e).
  428         (c) During the 5 years immediately preceding reinstatement
  429  of the certificate, achieves a passing score on the Florida
  430  developed subject area examination or, if a Florida subject area
  431  examination has not been developed, a standardized examination
  432  specified in state board rule test for each subject to be shown
  433  on the reinstated certificate.
  434  
  435  The requirements of this subsection may not be satisfied by
  436  subject area examinations tests or college credits completed for
  437  issuance of the certificate that has expired.
  438         Section 7. Subsection (6) of section 1012.98, Florida
  439  Statutes, is amended to read:
  440         1012.98 School Community Professional Development Act.—
  441         (6) An organization of private schools or consortium of
  442  charter schools which has no fewer than 10 member schools in
  443  this state, which publishes and files with the Department of
  444  Education copies of its standards, and the member schools of
  445  which comply with the provisions of part II of chapter 1003,
  446  relating to compulsory school attendance, may also develop a
  447  professional development system that includes a master plan for
  448  inservice activities. The system and inservice plan must be
  449  submitted to the commissioner for approval pursuant to state
  450  board rules of the State Board of Education.
  451         Section 8. This act shall take effect July 1, 2014.