Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS for HB 851
       
       
       
       
       
       
                                Ì354086:Î354086                         
       
                              LEGISLATIVE ACTION                        
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       Senator Harrell moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  1004.85, Florida Statutes, is amended, and subsection (9) is
    7  added to that section, to read:
    8         1004.85 Postsecondary educator preparation institutes.—
    9         (3) Educator preparation institutes approved pursuant to
   10  this section may offer competency-based certification programs
   11  specifically designed for noneducation major baccalaureate
   12  degree holders to enable program participants to meet the
   13  educator certification requirements of s. 1012.56. An educator
   14  preparation institute choosing to offer a competency-based
   15  certification program pursuant to the provisions of this section
   16  must implement a program developed by the institute and approved
   17  by the department for this purpose. Approved programs shall be
   18  available for use by other approved educator preparation
   19  institutes.
   20         (b) Each program participant must:
   21         1. Meet certification requirements pursuant to s.
   22  1012.56(1) by obtaining a statement of status of eligibility in
   23  the certification subject area of the educational plan and meet
   24  the requirements of s. 1012.56(2)(a)-(f) before participating in
   25  field experiences.
   26         2. Demonstrate competency and participate in field
   27  experiences that are appropriate to his or her educational plan
   28  prepared under paragraph (a). Beginning with candidates entering
   29  an educator preparation institute in the 2022-2023 school year,
   30  a candidate for certification in a coverage area identified
   31  pursuant to s. 1012.585(3)(f) must successfully complete all
   32  competencies for a reading endorsement, including completion of
   33  the endorsement practicum through the candidate’s field
   34  experience, in order to graduate from the program.
   35         3. Before completion of the program, fully demonstrate his
   36  or her ability to teach the subject area for which he or she is
   37  seeking certification by documenting a positive impact on
   38  student learning growth in a prekindergarten through grade 12
   39  setting and, except as provided in s. 1012.56(7)(a)3., achieving
   40  a passing score on the professional education competency
   41  examination, the basic skills examination, and the subject area
   42  examination for the subject area certification which is required
   43  by state board rule.
   44         4. For each participant who is certified in exceptional
   45  student education, complete the autism micro-credential created
   46  pursuant to s. 1004.551(1)(f).
   47         (9) By August 1, 2027, as a condition for continued program
   48  approval, each educator preparation institute must offer
   49  instruction and training on evidence-based practices for
   50  teaching students with autism spectrum disorder, Down syndrome,
   51  other developmental disabilities, and emotional or behavioral
   52  disabilities, consistent with the uniform core curricula
   53  developed by the department.
   54         Section 2. Section 1009.636, Florida Statutes, is created
   55  to read:
   56         1009.636 Autism educator loan forgiveness program.—
   57         (1)The Legislature finds that an adequate supply of
   58  special education teachers is critical to provide students who
   59  have a neurodevelopmental disability, such as autism spectrum
   60  disorder, with individualized education to foster essential
   61  social-emotional skills, provide positive interventions, and
   62  build life skills for independence. The Autism Educator Loan
   63  Forgiveness Program is created to recruit and retain qualified
   64  individuals to serve as special education teachers for students
   65  with autism spectrum disorder.
   66         (2)To be eligible, an individual must:
   67         (a)1. Have earned a master’s or higher degree in special
   68  education or exceptional student education from an accredited
   69  institution and have an active student loan balance from
   70  completion of that degree, and hold a temporary or professional
   71  certificate; or
   72         2.Have earned a bachelor’s or higher degree from an
   73  accredited institution and have an active student loan balance
   74  from completion of that degree, hold a temporary or professional
   75  certificate, and hold the Autism Spectrum Disorder Endorsement
   76  or Severe or Profound Disabilities Endorsement; and
   77         (b)Serve as the primary teacher in a public school
   78  classroom in which a majority of the students have autism
   79  spectrum disorder.
   80         (3)Eligible participants may receive up to $17,500 in
   81  total student loan repayment assistance over 5 years, disbursed
   82  in annual payments not to exceed $3,500 per year. Payments must
   83  be made directly to the lender servicing the participant’s
   84  student loan.
   85         (4) In order for the department to release each annual
   86  payment, a teacher must:
   87         (a) Have completed a full year of service pursuant to
   88  paragraph (2)(b).
   89         (b) Have received a rating of effective or highly effective
   90  pursuant to s. 1012.34.
   91         (c) Not have had any disciplinary action taken by the
   92  school district or by the department against the teacher’s
   93  certificate.
   94         (5)The State Board of Education shall adopt rules to
   95  administer this section.
   96         Section 3. Paragraph (c) of subsection (1) and paragraph
   97  (a) of subsection (3) of section 1012.22, Florida Statutes, are
   98  amended to read:
   99         1012.22 Public school personnel; powers and duties of the
  100  district school board.—The district school board shall:
  101         (1) Designate positions to be filled, prescribe
  102  qualifications for those positions, and provide for the
  103  appointment, compensation, promotion, suspension, and dismissal
  104  of employees as follows, subject to the requirements of this
  105  chapter:
  106         (c) Compensation and salary schedules.—
  107         1. Definitions.—As used in this paragraph:
  108         a. “Adjustment” means an addition to the base salary
  109  schedule that is not a bonus and becomes part of the employee’s
  110  permanent base salary and shall be considered compensation under
  111  s. 121.021(22).
  112         b. “Grandfathered salary schedule” means the salary
  113  schedule or schedules adopted by a district school board before
  114  July 1, 2014, pursuant to subparagraph 4.
  115         c. “Instructional personnel” means instructional personnel
  116  as defined in s. 1012.01(2)(a)-(d), excluding substitute
  117  teachers.
  118         d. “Performance salary schedule” means the salary schedule
  119  or schedules adopted by a district school board pursuant to
  120  subparagraph 5.
  121         e. “Salary schedule” means the schedule or schedules used
  122  to provide the base salary for district school board personnel.
  123         f. “School administrator” means a school administrator as
  124  defined in s. 1012.01(3)(c).
  125         g. “Supplement” means an annual addition to the base salary
  126  for the term of the negotiated supplement as long as the
  127  employee continues his or her employment for the purpose of the
  128  supplement. A supplement does not become part of the employee’s
  129  continuing base salary but shall be considered compensation
  130  under s. 121.021(22).
  131         2. Cost-of-living adjustment.—A district school board may
  132  provide a cost-of-living salary adjustment if the adjustment:
  133         a. Does not discriminate among comparable classes of
  134  employees based upon the salary schedule under which they are
  135  compensated.
  136         b. Does not exceed 50 percent of the annual adjustment
  137  provided to instructional personnel rated as effective.
  138         3. Advanced degrees.—A district school board may use
  139  advanced degrees in setting a salary schedule for instructional
  140  personnel or school administrators if the advanced degree is
  141  held in the individual’s area of certification.
  142         4. Grandfathered salary schedule.—
  143         a. The district school board shall adopt a salary schedule
  144  or salary schedules to be used as the basis for paying all
  145  school employees hired before July 1, 2014. Instructional
  146  personnel on annual contract as of July 1, 2014, shall be placed
  147  on the performance salary schedule adopted under subparagraph 5.
  148  Instructional personnel on continuing contract or professional
  149  service contract may opt into the performance salary schedule if
  150  the employee relinquishes such contract and agrees to be
  151  employed on an annual contract under s. 1012.335. Such an
  152  employee shall be placed on the performance salary schedule and
  153  may not return to continuing contract or professional service
  154  contract status. Any employee who opts into the performance
  155  salary schedule may not return to the grandfathered salary
  156  schedule.
  157         b. In determining the grandfathered salary schedule for
  158  instructional personnel, a district school board must base a
  159  portion of each employee’s compensation upon performance
  160  demonstrated under s. 1012.34 and shall provide differentiated
  161  pay for both instructional personnel and school administrators
  162  based upon district-determined factors, including, but not
  163  limited to, additional responsibilities, school demographics,
  164  high-demand teacher needs areas, and level of job performance
  165  difficulties.
  166         5. Performance salary schedule.—By July 1, 2014, the
  167  district school board shall adopt a performance salary schedule
  168  that provides annual salary adjustments for instructional
  169  personnel and school administrators based upon performance
  170  determined under s. 1012.34. Employees hired on or after July 1,
  171  2014, or employees who choose to move from the grandfathered
  172  salary schedule to the performance salary schedule shall be
  173  compensated pursuant to the performance salary schedule once
  174  they have received the appropriate performance evaluation for
  175  this purpose.
  176         a. Base salary.—The base salary shall be established as
  177  follows:
  178         (I) The base salary for instructional personnel or school
  179  administrators who opt into the performance salary schedule
  180  shall be the salary paid in the prior year, including
  181  adjustments only.
  182         (II) Instructional personnel or school administrators new
  183  to the district, returning to the district after a break in
  184  service without an authorized leave of absence, or appointed for
  185  the first time to a position in the district in the capacity of
  186  instructional personnel or school administrator shall be placed
  187  on the performance salary schedule.
  188         b. Salary adjustments.—Salary adjustments for highly
  189  effective or effective performance shall be established as
  190  follows:
  191         (I) The annual salary adjustment under the performance
  192  salary schedule for an employee rated as highly effective must
  193  be at least 25 percent greater than the highest annual salary
  194  adjustment available to an employee of the same classification
  195  through any other salary schedule adopted by the district.
  196         (II) The annual salary adjustment under the performance
  197  salary schedule for an employee rated as effective must be equal
  198  to at least 50 percent and no more than 75 percent of the annual
  199  adjustment provided for a highly effective employee of the same
  200  classification.
  201         (III) A salary schedule shall not provide an annual salary
  202  adjustment for an employee who receives a rating other than
  203  highly effective or effective for the year.
  204         c. Salary supplements.—In addition to the salary
  205  adjustments, each district school board shall provide for salary
  206  supplements for activities that must include, but are not
  207  limited to:
  208         (I) Assignment to a Title I eligible school.
  209         (II) Assignment to a school that earned a grade of “F” or
  210  three consecutive grades of “D” pursuant to s. 1008.34 such that
  211  the supplement remains in force for at least 1 year following
  212  improved performance in that school.
  213         (III) Certification and teaching in high-demand teacher
  214  needs areas. Statewide high-demand teacher needs areas shall be
  215  identified by the State Board of Education under s. 1012.07.
  216  However, the district school board may identify other areas of
  217  high-demand needs within the school district for purposes of
  218  this sub-sub-subparagraph and may remove areas identified by the
  219  state board which do not apply within the school district.
  220         (IV) Assignment of additional academic responsibilities.
  221         (V) Completion of the Autism Spectrum Disorder Endorsement.
  222  
  223  If budget constraints in any given year limit a district school
  224  board’s ability to fully fund all adopted salary schedules, the
  225  performance salary schedule shall not be reduced on the basis of
  226  total cost or the value of individual awards in a manner that is
  227  proportionally greater than reductions to any other salary
  228  schedules adopted by the district. Any compensation for
  229  longevity of service awarded to instructional personnel who are
  230  on any other salary schedule must be included in calculating the
  231  salary adjustments required by sub-subparagraph b.
  232         (3)(a) Collective bargaining.—Notwithstanding provisions of
  233  chapter 447 related to district school board collective
  234  bargaining, collective bargaining may not preclude a district
  235  school board from carrying out its constitutional and statutory
  236  duties related to the following:
  237         1. Providing incentives to effective and highly effective
  238  teachers.
  239         2. Implementing intervention and support strategies under
  240  s. 1008.33 to address the causes of low student performance and
  241  improve student academic performance and attendance.
  242         3. Implementing student discipline provisions required by
  243  law, including a review of a student’s abilities, past
  244  performance, behavior, and needs.
  245         4. Implementing school safety plans and requirements.
  246         5. Implementing staff and student recognition programs.
  247         6. Distributing correspondence to parents, teachers, and
  248  community members related to the daily operation of schools and
  249  the district.
  250         7. Providing any required notice or copies of information
  251  related to the district school board or district operations
  252  which is readily available on the school district’s website.
  253         8. The school district’s calendar.
  254         9. Providing incentives to exceptional student education
  255  teachers who complete the Autism Spectrum Disorder Endorsement,
  256  in addition to any stipend funded in the General Appropriations
  257  Act for completion of the endorsement, and who serve as the
  258  primary teacher in a classroom in which a majority of the
  259  students have autism spectrum disorder.
  260         Section 4. Paragraph (g) of subsection (2) of section
  261  1012.551, Florida Statutes, is amended, and subsection (4) is
  262  added to that section to read:
  263         1012.551 Teacher preparation core principles, standards,
  264  and content.—
  265         (2) The uniform core curricula for each state-approved
  266  teacher preparation program must meet, at a minimum, the
  267  following standards:
  268         (g) Must include strategies for differentiated instruction
  269  to meet student needs, including English language learners and
  270  students with disabilities, while maintaining grade-level
  271  expectations. The strategies must also include specific training
  272  aligned with evidence-based practices for supporting students
  273  with autism spectrum disorder, Down syndrome, other
  274  developmental disabilities, and emotional or behavioral
  275  disabilities applicable across all levels of support.
  276         (4) Each state-approved teacher preparation program using
  277  the uniform core curricula developed pursuant to this section
  278  must include the autism micro-credential created pursuant to s.
  279  1004.551(1)(f), which shall count for at least 1 semester hour
  280  toward completion of the program.
  281         Section 5. Paragraph (g) is added to subsection (2) of
  282  section 1012.552, Florida Statutes, to read:
  283         1012.552 The Coaching for Educator Readiness and Teaching
  284  (CERT) Certification Program.—
  285         (2) PROGRAM REQUIREMENTS.—A CERT program must include all
  286  of the following:
  287         (g) Required successful completion of the autism micro
  288  credential created pursuant to s. 1004.551(1)(f) for a candidate
  289  certification in exceptional student education.
  290         Section 6. Paragraph (e) of subsection (3) of section
  291  1012.585, Florida Statutes, is amended to read:
  292         1012.585 Process for renewal of professional certificates.—
  293         (3) For the renewal of a professional certificate, the
  294  following requirements must be met:
  295         (e) Beginning July 1, 2014, an applicant for renewal of a
  296  professional certificate must earn a minimum of one college
  297  credit or the equivalent inservice points in the area of
  298  instruction for teaching students with disabilities. The
  299  requirement in this paragraph may not add to the total hours
  300  required by the department for continuing education or inservice
  301  training. Beginning August 1, 2027:
  302         1. Instruction for teaching students with disabilities must
  303  include autism spectrum disorder, Down syndrome, other
  304  developmental disabilities, and emotional or behavioral
  305  disabilities.
  306         2. An applicant certified in exceptional student education
  307  must earn the autism micro-credential created pursuant to s.
  308  1004.551(1)(f), which must count toward 3 college credits or the
  309  equivalent inservice points. Once earned, an applicant is not
  310  required to earn the micro-credential for additional renewal
  311  periods.
  312         Section 7. Subsection (3) is added to section 1012.586,
  313  Florida Statutes, to read:
  314         1012.586 Additions or changes to certificates; duplicate
  315  certificates; reading endorsement pathways.—
  316         (3) Personnel certified in exceptional student education
  317  who complete the Autism Spectrum Disorder Endorsement are
  318  eligible for a stipend as specified in the General
  319  Appropriations Act.
  320         Section 8. Paragraph (b) of subsection (5) of section
  321  1012.98, Florida Statutes, is amended to read:
  322         1012.98 School Community Professional Learning Act.—
  323         (5) The Department of Education, school districts, schools,
  324  Florida College System institutions, and state universities
  325  share the responsibilities described in this section. These
  326  responsibilities include the following:
  327         (b) Each school district shall develop a professional
  328  learning system as specified in subsection (4). The system shall
  329  be developed in consultation with teachers, teacher-educators of
  330  Florida College System institutions and state universities,
  331  business and community representatives, and local education
  332  foundations, consortia, and professional organizations. The
  333  professional learning system must:
  334         1. Be reviewed and approved by the department for
  335  compliance with s. 1003.42(3) and this section. Effective March
  336  1, 2024, the department shall establish a calendar for the
  337  review and approval of all professional learning systems. A
  338  professional learning system must be reviewed and approved every
  339  5 years. Any substantial revisions to the system must be
  340  submitted to the department for review and approval. The
  341  department shall establish a format for the review and approval
  342  of a professional learning system.
  343         2. Be based on analyses of student achievement data and
  344  instructional strategies and methods that support rigorous,
  345  relevant, and challenging curricula for all students. Schools
  346  and districts, in developing and refining the professional
  347  learning system, shall also review and monitor school discipline
  348  data; school environment surveys; assessments of parental
  349  satisfaction; performance appraisal data of teachers, managers,
  350  and administrative personnel; and other performance indicators
  351  to identify school and student needs that can be met by improved
  352  professional performance.
  353         3. Provide inservice activities coupled with follow-up
  354  followup support appropriate to accomplish district-level and
  355  school-level improvement goals and standards. The inservice
  356  activities for instructional and school administrative personnel
  357  shall focus on analysis of student achievement data; ongoing
  358  formal and informal assessments of student achievement;
  359  identification and use of enhanced and differentiated
  360  instructional strategies that emphasize rigor, relevance, and
  361  reading in the content areas; enhancement of subject content
  362  expertise; integrated use of classroom technology that enhances
  363  teaching and learning; classroom management; parent involvement;
  364  and school safety.
  365         4. Provide inservice activities and support targeted to the
  366  individual needs of new teachers participating in the
  367  professional learning certification and education competency
  368  program under s. 1012.56(8)(a).
  369         5. Include a professional learning catalog for inservice
  370  activities, pursuant to rules of the State Board of Education,
  371  for all district employees from all fund sources. The catalog
  372  must be updated annually by September 1, must be based on input
  373  from teachers and district and school instructional leaders, and
  374  must use the latest available student achievement data and
  375  research to enhance rigor and relevance in the classroom. Each
  376  district inservice catalog must be aligned to and support the
  377  school-based inservice catalog and school improvement plans
  378  pursuant to s. 1001.42(18). Each district inservice catalog must
  379  provide a description of the training that middle grades
  380  instructional personnel and school administrators receive on the
  381  district’s code of student conduct adopted pursuant to s.
  382  1006.07; integrated digital instruction and competency-based
  383  instruction and CAPE Digital Tool certificates and CAPE industry
  384  certifications; classroom management; student behavior and
  385  interaction; extended learning opportunities for students; and
  386  instructional leadership. District plans must be approved by the
  387  district school board annually in order to ensure compliance
  388  with subsection (1) and to allow for dissemination of research
  389  based best practices to other districts. District school boards
  390  shall submit verification of their approval to the Commissioner
  391  of Education no later than October 1, annually. Each school
  392  principal may establish and maintain an individual professional
  393  learning plan for each instructional employee assigned to the
  394  school as a seamless component to the school improvement plans
  395  developed pursuant to s. 1001.42(18). An individual professional
  396  learning plan must be related to specific performance data for
  397  the students to whom the teacher is assigned, define the
  398  inservice objectives and specific measurable improvements
  399  expected in student performance as a result of the inservice
  400  activity, and include an evaluation component that determines
  401  the effectiveness of the professional learning plan.
  402         6. Include inservice activities for school administrative
  403  personnel, aligned to the state’s educational leadership
  404  standards, which address updated skills necessary for
  405  instructional leadership and effective school management
  406  pursuant to s. 1012.986.
  407         7. Provide for systematic consultation with regional and
  408  state personnel designated to provide technical assistance and
  409  evaluation of local professional learning programs.
  410         8. Provide for delivery of professional learning by
  411  distance learning and other technology-based delivery systems to
  412  reach more educators at lower costs.
  413         9. Provide for the continuous evaluation of the quality and
  414  effectiveness of professional learning programs in order to
  415  eliminate ineffective programs and strategies and to expand
  416  effective ones. Evaluations must consider the impact of such
  417  activities on the performance of participating educators and
  418  their students’ achievement and behavior.
  419         10. For all grades, emphasize:
  420         a. Interdisciplinary planning, collaboration, and
  421  instruction.
  422         b. Alignment of curriculum and instructional materials to
  423  the state academic standards adopted pursuant to s. 1003.41.
  424         c. Use of small learning communities; problem-solving,
  425  inquiry-driven research and analytical approaches for students;
  426  strategies and tools based on student needs; competency-based
  427  instruction; integrated digital instruction; and project-based
  428  instruction.
  429  
  430  Each school that includes any of grades 6, 7, or 8 shall include
  431  in its school improvement plan, required under s. 1001.42(18), a
  432  description of the specific strategies used by the school to
  433  implement each item listed in this subparagraph.
  434         11. Provide training to reading coaches, classroom
  435  teachers, and school administrators in effective methods of
  436  identifying characteristics of conditions such as dyslexia and
  437  other causes of diminished phonological processing skills;
  438  incorporating instructional techniques into the general
  439  education setting which are proven to improve reading
  440  performance for all students; and using predictive and other
  441  data to make instructional decisions based on individual student
  442  needs. The training must help teachers integrate phonemic
  443  awareness; phonics, word study, and spelling; reading fluency;
  444  vocabulary, including academic vocabulary; and text
  445  comprehension strategies into an explicit, systematic, and
  446  sequential approach to reading instruction, including
  447  multisensory intervention strategies. Such training for teaching
  448  foundational skills must be based on the science of reading and
  449  include phonics instruction for decoding and encoding as the
  450  primary instructional strategy for word reading. Instructional
  451  strategies included in the training may not employ the three
  452  cueing system model of reading or visual memory as a basis for
  453  teaching word reading. Such instructional strategies may include
  454  visual information and strategies which improve background and
  455  experiential knowledge, add context, and increase oral language
  456  and vocabulary to support comprehension, but may not be used to
  457  teach word reading. Each district must provide all elementary
  458  grades instructional personnel access to training sufficient to
  459  meet the requirements of s. 1012.585(3)(f).
  460         12. Provide at least one autism-specific professional
  461  development opportunity annually for instructional personnel and
  462  school-based administrators. The professional development must
  463  be developed and delivered in coordination with the district’s
  464  assigned Center for Autism and Related Disabilities and must
  465  include evidence-based practices for supporting students with
  466  autism spectrum disorder across all levels of need, including
  467  academic instruction, behavioral supports, communication
  468  strategies, and inclusive practices.
  469         Section 9. This act shall take effect July 1, 2026.
  470  
  471  ================= T I T L E  A M E N D M E N T ================
  472  And the title is amended as follows:
  473         Delete everything before the enacting clause
  474  and insert:
  475                        A bill to be entitled                      
  476         An act relating to students with autism spectrum
  477         disorder; amending s. 1004.85, F.S.; requiring certain
  478         program participants at educator preparation
  479         institutes to complete the autism micro-credential;
  480         requiring each educator preparation institute to offer
  481         training on teaching students with certain
  482         disabilities; creating s. 1009.636, F.S.; providing
  483         legislative findings; creating the Autism Educator
  484         Loan Forgiveness Program; providing eligibility
  485         requirements; providing criteria for loan repayment
  486         assistance; providing requirements for teachers to
  487         receive an annual payment; requiring the State Board
  488         of Education to adopt rules; amending s. 1012.22,
  489         F.S.; revising the list of activities for which a
  490         district school board must provide salary supplements;
  491         revising the list of district school board duties
  492         collective bargaining may not preclude; amending s.
  493         1012.551, F.S.; revising core curricula for teacher
  494         preparation programs; requiring a teacher preparation
  495         program to include the autism micro-credential;
  496         amending s. 1012.552, F.S.; providing that the
  497         Coaching for Educator Readiness and Teaching
  498         Certification Program must include completion of the
  499         autism micro-credential; amending s. 1012.585, F.S.;
  500         revising requirements for the renewal of a
  501         professional certificate; amending s. 1012.586, F.S.;
  502         providing that personnel certified in exceptional
  503         student education who complete the Autism Spectrum
  504         Disorder Endorsement are eligible for a stipend;
  505         amending s. 1012.98, F.S.; requiring a professional
  506         learning system to provide at least one autism
  507         specific professional development opportunity;
  508         providing requirements for the professional
  509         development; providing an effective date.