Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1036
       
       
       
       
       
       
                                Ì6201681Î620168                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2026           .                                
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       The Committee on Rules (Calatayud) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (3) of section
    6  1012.34, Florida Statutes, is amended to read:
    7         1012.34 Personnel evaluation procedures and criteria.—
    8         (3) EVALUATION PROCEDURES AND CRITERIA.—Instructional
    9  personnel and school administrator performance evaluations must
   10  be based upon the performance of students assigned to their
   11  classrooms or schools, as provided in this section. Pursuant to
   12  this section, a school district’s performance evaluation system
   13  is not limited to basing unsatisfactory performance of
   14  instructional personnel and school administrators solely upon
   15  student performance, but may include other criteria to evaluate
   16  instructional personnel and school administrators’ performance,
   17  or any combination of student performance and other criteria.
   18  Evaluation procedures and criteria must comply with, but are not
   19  limited to, the following:
   20         (a) A performance evaluation must be conducted for each
   21  employee at least once a year, except that a classroom teacher,
   22  as defined in s. 1012.01(2)(a), excluding substitute teachers,
   23  who is newly hired by the district school board must be observed
   24  and evaluated at least twice in the first year of teaching in
   25  the school district. The performance evaluation must be based
   26  upon sound educational principles and contemporary research in
   27  effective educational practices. The evaluation criteria must
   28  include:
   29         1. Performance of students.—At least one-third of a
   30  performance evaluation must be based upon data and indicators of
   31  student performance, as determined by each school district. This
   32  portion of the evaluation must include growth or achievement
   33  data of the teacher’s students or, for a school administrator,
   34  the students attending the school over the course of at least 3
   35  years. If less than 3 years of data are available, the years for
   36  which data are available must be used. The proportion of growth
   37  or achievement data may be determined by instructional
   38  assignment.
   39         2. Instructional practice.—For instructional personnel, at
   40  least one-third of the performance evaluation must be based upon
   41  instructional practice. Evaluation criteria used when annually
   42  observing classroom teachers, as defined in s. 1012.01(2)(a),
   43  excluding substitute teachers, must include indicators based
   44  upon each of the Florida Educator Accomplished Practices adopted
   45  by the State Board of Education.
   46         a. For instructional personnel who are not classroom
   47  teachers or certified school counselors, evaluation criteria
   48  must be based upon indicators of the Florida Educator
   49  Accomplished Practices and may include specific job expectations
   50  related to student support.
   51         b.For certified school counselors, evaluation criteria
   52  must be based upon indicators of the Florida School Counseling
   53  Standards adopted by the State Board of Education.
   54         c. This section does not preclude a school administrator
   55  from visiting and observing classroom teachers throughout the
   56  school year for purposes of providing mentorship, training,
   57  instructional feedback, or professional learning.
   58         3. Instructional leadership.—For school administrators, at
   59  least one-third of the performance evaluation must be based on
   60  instructional leadership. Evaluation criteria for instructional
   61  leadership must include indicators based upon each of the
   62  leadership standards adopted by the State Board of Education
   63  under s. 1012.986, including performance measures related to the
   64  effectiveness of classroom teachers in the school, the
   65  administrator’s appropriate use of evaluation criteria and
   66  procedures, recruitment and retention of effective and highly
   67  effective classroom teachers, improvement in the percentage of
   68  instructional personnel evaluated at the highly effective or
   69  effective level, and other leadership practices that result in
   70  student learning growth. The system may include a means to give
   71  parents and instructional personnel an opportunity to provide
   72  input into the administrator’s performance evaluation.
   73         4. Other indicators of performance.—For instructional
   74  personnel and school administrators, the remainder of a
   75  performance evaluation may include, but is not limited to,
   76  professional and job responsibilities as recommended by the
   77  State Board of Education or identified by the district school
   78  board and, for instructional personnel, peer reviews,
   79  objectively reliable survey information from students and
   80  parents based on teaching practices that are consistently
   81  associated with higher student achievement, and other valid and
   82  reliable measures of instructional practice.
   83         Section 2. Present subsection (6) of section 1012.55,
   84  Florida Statutes, is redesignated as subsection (7), and a new
   85  subsection (6) is added to that section, to read:
   86         1012.55 Positions for which certificates required.—
   87         (6)A person who is seeking employment as a school
   88  counselor is exempt from the educator certification requirements
   89  in s. 1012.56(2)(g) and (i). Such exemption does not preclude a
   90  school district from requiring a certified school counselor to
   91  satisfy the requirements of s. 1012.56(2)(g) and (i) as a
   92  condition of employment.
   93         Section 3. This act shall take effect July 1, 2026.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete everything before the enacting clause
   98  and insert:
   99                        A bill to be entitled                      
  100         An act relating to school counselors; amending s.
  101         1012.34, F.S.; requiring that evaluation criteria for
  102         certified school counselors be based on specified
  103         standards; amending s. 1012.55, F.S.; providing that
  104         persons seeking employment as school counselors are
  105         exempt from specified educator certification
  106         requirements; authorizing school districts to require
  107         such persons to meet certain requirements as a
  108         condition of employment; providing an effective date.