October 21, 2020
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HB 7189

A bill to be entitled
2An act relating to education personnel; amending s.
339.202, F.S.; authorizing the release of child abuse
4records to certain employees and agents of the Department
5of Education; amending s. 447.403, F.S.; deleting a
6provision that provides for an expedited impasse hearing
7for disputes involving the Merit Award Program plan to
8conform to changes made by the act; amending s. 1002.33,
9F.S.; requiring a charter school to adopt a salary
10schedule for instructional personnel and school-based
11administrators which meets certain requirements; providing
12that charter schools must meet certain requirements for
13end-of-course assessments, performance appraisals, and
14certain contracts; deleting a cross-reference to conform
15to changes made by the act; requiring that the
16Commissioner of Education review certain charter schools
17for compliance with the requirements for a salary
18schedule, assessments, and contracts; requiring a
19specified funding adjustment to be imposed against a
20charter school that is not in compliance; amending s.
211003.52, F.S.; deleting a cross-reference to conform to
22changes made by the act; repealing s. 1003.62, F.S.,
23relating to academic performance-based charter school
24districts; amending s. 1003.621, F.S.; providing
25additional requirements for personnel in academically
26high-performing school districts; repealing s. 1003.63,
27relating to the deregulated public schools pilot program;
28amending s. 1004.04, F.S.; revising the criteria for
29continued approval of teacher preparation programs to
30include student learning gains; deleting the waiver of
31admissions criteria for certain students; deleting the
32criterion relating to employer satisfaction; revising the
33requirements for a teacher preparation program to provide
34additional training to a graduate who fails to demonstrate
35essential skills; deleting a provision that requires
36state-approved teacher preparation programs and public and
37private institutions offering training for school-
38readiness-related professions to report graduate
39satisfaction ratings; revising the requirements for
40preservice field experience programs; repealing s.
411004.04(11) and (12), F.S., relating to the Preteacher and
42Teacher Education Pilot Programs and the Teacher Education
43Pilot Programs for High-Achieving Students; amending s.
441004.85, F.S.; revising the requirements for individuals
45who participate in programs at postsecondary educator
46preparation institutes; revising the requirements for
47approved alternative certification programs and
48instructors; creating s. 1008.222, F.S.; requiring school
49districts to develop and implement end-of-course
50assessments; requiring a review of assessments by the
51Commissioner of Education; amending s. 1009.40, F.S.;
52deleting cross-references to conform to changes made by
53the act; repealing s. 1009.54, F.S., relating to the
54Critical Teacher Shortage Program; repealing s. 1009.57,
55F.S., relating to the Florida Teacher Scholarship and
56Forgivable Loan Program; repealing s. 1009.58, F.S.,
57relating to the Critical Teacher Shortage Tuition
58Reimbursement Program; repealing s. 1009.59, F.S.,
59relating to the Critical Teacher Shortage Student Loan
60Forgiveness Program; amending s. 1009.94, F.S.; deleting
61cross-references to conform to changes made by the act;
62creating s. 1011.626, F.S.; providing legislative findings
63and intent; creating the Performance Fund for
64Instructional Personnel and School-Based Administrators;
65providing for calculation of the fund amount; providing
66for distribution of funds to districts and specifying
67purposes for which funds may be expended; providing for
68reversion of unexpended funds; specifying that salary
69increases from these funds are in addition to other salary
70adjustments; specifying requirements for individuals paid
71from federal grants; requiring that each district school
72board submit its district-adopted salary schedule and
73certain assessments to the Commissioner of Education for
74review; requiring that the commissioner determine
75compliance with requirements applicable to the schedules
76and assessments; requiring a review by the Auditor General
77or an independent certified public accountant of certain
78classroom teacher contracts; requiring that the
79Commissioner of Education notify the Governor and
80Legislature of school districts that fail to comply with
81salary schedule, assessment, and contract requirements;
82requiring a specified funding adjustment to be imposed
83against a school district for such failure to comply;
84requiring that the State Board of Education adopt rules;
85amending s. 1011.69, F.S.; deleting a provision that
86exempts academic performance-based charter school
87districts from the Equity in School-Level Funding Act to
88conform to changes made by the act; amending s. 1012.05,
89F.S.; revising the Department of Education's
90responsibilities for teacher recruitment; amending s.
911012.07, F.S.; revising the methodology for determining
92critical teacher shortage areas; deleting cross-references
93to conform to changes made by the act; amending s.
941012.22, F.S.; revising the powers and duties of the
95district school board with respect to school district
96compensation and salary schedules; requiring that certain
97performance criteria be included in the adopted schedules;
98revising the differentiated pay provisions; repealing s.
991012.225, F.S., relating to the Merit Award Program for
100Instructional Personnel and School-Based Administrators;
101repealing s. 1012.2251, F.S., relating to the end-of-
102course examinations for the Merit Award Program; amending
103s. 1012.28, F.S.; conforming provisions to changes made by
104the act; amending s. 1012.33, F.S.; revising provisions
105relating to contracts with certain educational personnel;
106requiring a district school board's decision to retain
107personnel who have continuing contracts or professional
108service contracts to be primarily based on the employee's
109performance; deleting requirements that school board
110decisions for workforce reductions be based on collective
111bargaining agreements; deleting requirements for district
112school board rules for workforce reduction; creating s.
1131012.335, F.S.; providing definitions; providing
114employment criteria for newly hired classroom teachers;
115providing grounds for termination; requiring that the
116State Board of Education adopt rules defining the term
117"just cause"; providing guidelines for such term; amending
118s. 1012.34, F.S.; revising provisions related to the
119appraisal of instructional personnel and school-based
120administrators; requiring that the Department of Education
121approve school district appraisal instruments; requiring
122the Department of Education to collect appraisal
123information from school districts and to report such
124information to the Governor and the Legislature; providing
125requirements for appraisal systems; authorizing an
126employee to request that a district school superintendent
127review an unsatisfactory performance appraisal; conforming
128provisions to changes made by the act; amending s.
1291012.42, F.S.; prohibiting a district school board from
130assigning a new teacher to teach reading, science, or
131mathematics if he or she is not certified in those subject
132areas; repealing s. 1012.52, F.S., relating to legislative
133intent for teacher quality; amending s. 1012.56, F.S.;
134revising the certification requirements for persons
135holding a valid professional standard teaching certificate
136issued by another state; providing additional means of
137demonstrating mastery of professional preparation and
138education competence; requiring that the State Board of
139Education review the current subject area examinations and
140increase the scores necessary for achieving certification;
141authorizing the State Board of Education to adopt rules to
142allow certain college credit to be used to meet
143certification requirements; amending s. 1012.585, F.S.;
144providing for future expiration of provisions governing
145certification of teachers who hold national certification;
146revising the renewal requirements for a professional
147certificate; providing additional requirements that must
148be met in order to renew the certificate; requiring that
149the State Board of Education adopt rules for the renewal
150of a certificate held by a certificateholder who has not
151been evaluated under s. 1012.34, F.S.; amending s.
1521012.72, F.S.; limiting bonuses under the Dale Hickam
153Excellent Teaching Program to individuals who remain
154continuously employed in a public school in this state or
155the Florida School for the Deaf and the Blind; amending s.
1561012.79, F.S.; revising the composition of the Education
157Practices Commission and a qualification for appointment
158to the commission; amending s. 1012.795, F.S.; conforming
159provisions to changes made by the act; requiring that the
160Department of Education submit a report on the cost-
161effectiveness of teacher preparation programs to the
162Governor and the Legislature by a specified date;
163specifying the report requirements; requiring that the
164Office of Program Policy Analysis and Government
165Accountability submit recommendations to the Legislature
166relating to changes in the criteria for the continued
167approval of teacher preparation programs; authorizing
168school districts to seek an exemption from the State Board
169of Education from the requirement of certain laws;
170requiring the State Board of Education to adopt rules;
171providing for severability; providing for application of a
172specified provision of the act; providing effective dates.
174Be It Enacted by the Legislature of the State of Florida:
176     Section 1.  Paragraph (t) is added to subsection (2) of
177section 39.202, Florida Statutes, to read:
178     39.202  Confidentiality of reports and records in cases of
179child abuse or neglect.-
180     (2)  Except as provided in subsection (4), access to such
181records, excluding the name of the reporter which shall be
182released only as provided in subsection (5), shall be granted
183only to the following persons, officials, and agencies:
184     (t)  Employees or agents of the Department of Education who
185are responsible for the investigation or prosecution of
186misconduct by certified educators.
187     Section 2.  Paragraph (c) of subsection (2) of section
188447.403, Florida Statutes, is amended to read:
189     447.403  Resolution of impasses.-
190     (2)
191     (c)  If the district school board is the public employer
192and an impasse is declared under subsection (1) involving a
193dispute of a Merit Award Program plan under s. 1012.225, the
194dispute is subject to an expedited impasse hearing.
195Notwithstanding subsections (3), (4), and (5), and the rules
196adopted by the commission, the following procedures shall apply:
197     1.a.  The commission shall furnish the names of seven
198special magistrates within 5 days after receiving notice of
199impasse. If the parties are unable to agree upon a special
200magistrate within 5 days after the date of the letter
201transmitting the list of choices, the commission shall
202immediately appoint a special magistrate. The special magistrate
203shall set the hearing, which shall be held no later than 15 days
204after the date of appointment of the special magistrate. Within
2055 days after the date of appointment of a special magistrate,
206each party shall serve upon the special magistrate and upon each
207other party a written list of issues at impasse.
208     b.  At the close of the hearing, the parties shall
209summarize their arguments and may provide a written memorandum
210in support of their positions.
211     c.  Within 10 days after the close of the hearing, the
212special magistrate shall transmit a recommended decision to the
213commission and the parties.
214     d.  The recommended decision of the special magistrate
215shall be deemed accepted by the parties, except as to those
216recommendations that a party specifically rejects, by filing a
217written notice with the commission and serving a copy on the
218other party within 5 days after the date of the recommended
220     2.  If a party rejects any part of the recommended decision
221of the special magistrate, the parties shall proceed directly to
222resolution of the impasse by the district school board pursuant
223to paragraph (4)(d).
224     Section 3.  Paragraph (c) is added to subsection (16) of
225section 1002.33, Florida Statutes, paragraph (a) of subsection
226(20) of that section is amended, present subsection (26) of that
227section is redesignated as subsection (27), and a new subsection
228(26) is added to that section, to read:
229     1002.33  Charter schools.-
231     (c)  A charter school shall also comply with the following:
232     1.  A charter school may not award a professional service
233contract or similar contract to a classroom teacher hired on or
234after July 1, 2010.
235     2.  Beginning with the 2014-2015 school year and
236thereafter, a charter school must adopt a salary schedule for
237instructional personnel and school-based administrators which
238compensates instructional personnel and school-based
239administrators based on their performance. Salary adjustments
240for instructional personnel and school-based administrators must
241be based only on performance demonstrated under s. 1012.34. A
242charter school may not use length of service or degrees held by
243instructional personnel or school-based administrators as a
244factor in setting the salary schedule.
245     3.  A charter school must meet the following requirements:
246     a.  Administer assessments that comply with s. 1008.222.
247However, a charter school may use its own assessments if the
248assessments comply with s. 1008.222;
249     b.  Maintain the security and integrity of end-of-course
250assessments developed or acquired pursuant to s. 1008.222; and
251     c.  Adopt a performance appraisal system that complies with
252s. 1012.34.
253     (20)  SERVICES.-
254     (a)  A sponsor shall provide certain administrative and
255educational services to charter schools. These services shall
256include contract management services; full-time equivalent and
257data reporting services; exceptional student education
258administration services; services related to eligibility and
259reporting duties required to ensure that school lunch services
260under the federal lunch program, consistent with the needs of
261the charter school, are provided by the school district at the
262request of the charter school, that any funds due to the charter
263school under the federal lunch program be paid to the charter
264school as soon as the charter school begins serving food under
265the federal lunch program, and that the charter school is paid
266at the same time and in the same manner under the federal lunch
267program as other public schools serviced by the sponsor or the
268school district; test administration services, including payment
269of the costs of state-required or district-required student
270assessments; processing of teacher certificate data services;
271and information services, including equal access to student
272information systems that are used by public schools in the
273district in which the charter school is located. Student
274performance data for each student in a charter school,
275including, but not limited to, FCAT scores, standardized test
276scores, previous public school student report cards, and student
277performance measures, shall be provided by the sponsor to a
278charter school in the same manner provided to other public
279schools in the district. A total administrative fee for the
280provision of such services shall be calculated based upon up to
2815 percent of the available funds defined in paragraph (17)(b)
282for all students. However, a sponsor may only withhold up to a
2835-percent administrative fee for enrollment for up to and
284including 500 students. For charter schools with a population of
285501 or more students, the difference between the total
286administrative fee calculation and the amount of the
287administrative fee withheld may only be used for capital outlay
288purposes specified in s. 1013.62(2). Each charter school shall
289receive 100 percent of the funds awarded to that school pursuant
290to s. 1012.225. Sponsors shall not charge charter schools any
291additional fees or surcharges for administrative and educational
292services in addition to the maximum 5-percent administrative fee
293withheld pursuant to this paragraph.
295     (a)  Effective with the beginning of the 2011-2012 year,
296and each year thereafter, the Commissioner of Education shall
297calculate and distribute funds from the Performance Fund for
298Instructional Personnel and School-Based Administrators in s.
2991011.626 to charter schools in the same manner as for school
300districts. Charter schools must meet the requirements in s.
302     (b)  By September 15 of each year, each charter school
303governing board shall certify to the Commissioner of Education
304that its school meets the requirements in paragraph (16)(c). The
305commissioner shall verify compliance with paragraph (16)(c) by
306selecting a sample of charter schools each year to provide
307information to determine compliance. On or before October 1 of
308each year, a selected charter school must submit the requested
309information to the commissioner. On or before December 15 of
310each year, the commissioner shall complete a review of each
311selected charter school for that school year, determine
312compliance with paragraph (16)(c), and notify each charter
313school governing board and sponsor if the charter school is not
314in compliance with paragraph (16)(c). The commissioner shall
315certify the charter schools that do not comply with paragraph
316(16)(c) to the Governor, the President of the Senate, and the
317Speaker of the House of Representative on or before February 15
318of each year. Each certified charter school shall receive a
319funding adjustment of state funds equivalent to 5 percent of the
320total Florida Education Finance Program funds provided in the
321General Appropriations Act for the charter school. Such funding
322adjustment shall be implemented through the withholding of funds
323to which the charter school is entitled.
324     Section 4.  Subsection (10) of section 1003.52, Florida
325Statutes, is amended to read:
326     1003.52  Educational services in Department of Juvenile
327Justice programs.-
328     (10)  The district school board shall recruit and train
329teachers who are interested, qualified, or experienced in
330educating students in juvenile justice programs. Students in
331juvenile justice programs shall be provided a wide range of
332educational programs and opportunities including textbooks,
333technology, instructional support, and other resources available
334to students in public schools. Teachers assigned to educational
335programs in juvenile justice settings in which the district
336school board operates the educational program shall be selected
337by the district school board in consultation with the director
338of the juvenile justice facility. Educational programs in
339juvenile justice facilities shall have access to the substitute
340teacher pool utilized by the district school board. Full-time
341teachers working in juvenile justice schools, whether employed
342by a district school board or a provider, shall be eligible for
343the critical teacher shortage tuition reimbursement program as
344defined by s. 1009.58 and other teacher recruitment and
345retention programs.
346     Section 5.  Section 1003.62, Florida Statutes, is repealed.
347     Section 6.  Paragraph (h) of subsection (2) of section
3481003.621, Florida Statutes, is amended to read:
349     1003.621  Academically high-performing school districts.-It
350is the intent of the Legislature to recognize and reward school
351districts that demonstrate the ability to consistently maintain
352or improve their high-performing status. The purpose of this
353section is to provide high-performing school districts with
354flexibility in meeting the specific requirements in statute and
355rules of the State Board of Education.
356     (2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
357high-performing school district shall comply with all of the
358provisions in chapters 1000-1013, and rules of the State Board
359of Education which implement these provisions, pertaining to the
361     (h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
362differentiated pay and performance-pay policies for school
363administrators and instructional personnel, and s. 1012.34,
364relating to appraisal procedures and criteria. Professional
365service contracts are subject to the provisions of s. ss.
3661012.33 and 1012.34. Contracts with classroom teachers hired on
367or after July 1, 2010, are subject to s. 1012.335.
368     Section 7.  Section 1003.63, Florida Statutes, is repealed.
369     Section 8.  Paragraph (b) of subsection (4) and subsections
370(5) and (6) of section 1004.04, Florida Statutes, are amended to
372     1004.04  Public accountability and state approval for
373teacher preparation programs.-
375     (b)  Each teacher preparation program approved by the
376Department of Education, as provided for by this section, shall
377require students to meet the following as prerequisites for
378admission into the program:
379     1.  Have a grade point average of at least 2.5 on a 4.0
380scale for the general education component of undergraduate
381studies or have completed the requirements for a baccalaureate
382degree with a minimum grade point average of 2.5 on a 4.0 scale
383from any college or university accredited by a regional
384accrediting association as defined by State Board of Education
385rule or any college or university otherwise approved pursuant to
386State Board of Education rule.
387     2.  Demonstrate mastery of general knowledge, including the
388ability to read, write, and compute, by passing the General
389Knowledge Test of the Florida Teacher Certification Examination,
390the College Level Academic Skills Test, a corresponding
391component of the National Teachers Examination series, or a
392similar test pursuant to rules of the State Board of Education.
394Each teacher preparation program may waive these admissions
395requirements for up to 10 percent of the students admitted.
396Programs shall implement strategies to ensure that students
397admitted under a waiver receive assistance to demonstrate
398competencies to successfully meet requirements for
400     (5)  CONTINUED PROGRAM APPROVAL.-Notwithstanding subsection
401(4), failure by a public or nonpublic teacher preparation
402program to meet the criteria for continued program approval
403shall result in loss of program approval. The Department of
404Education, in collaboration with the departments and colleges of
405education, shall develop procedures for continued program
406approval that document the continuous improvement of program
407processes and graduates' performance.
408     (a)  Continued approval of specific teacher preparation
409programs at each public and nonpublic postsecondary educational
410institution within the state is contingent upon a determination
411by the Department of Education of student learning gains, as
412measured by state assessments required under s. 1008.22.
413     (b)(a)  Continued approval of specific teacher preparation
414programs at each public and nonpublic postsecondary educational
415institution within the state is contingent upon the passing of
416the written examination required by s. 1012.56 by at least 90
417percent of the graduates of the program who take the
418examination. The Department of Education shall annually provide
419an analysis of the performance of the graduates of such
420institution with respect to the competencies assessed by the
421examination required by s. 1012.56.
422     (c)(b)  Additional criteria for continued program approval
423for public institutions may be approved by the State Board of
424Education. Such criteria must emphasize instruction in classroom
425management and must provide for the evaluation of the teacher
426candidates' performance in this area. The criteria shall also
427require instruction in working with underachieving students.
428Program evaluation procedures must include, but are not limited
429to, program graduates' satisfaction with instruction and the
430program's responsiveness to local school districts. Additional
431criteria for continued program approval for nonpublic
432institutions shall be developed in the same manner as for public
433institutions; however, such criteria must be based upon
434significant, objective, and quantifiable graduate performance
435measures. Responsibility for collecting data on outcome measures
436through survey instruments and other appropriate means shall be
437shared by the postsecondary educational institutions and the
438Department of Education. By January 1 of each year, the
439Department of Education shall report this information for each
440postsecondary educational institution that has state-approved
441programs of teacher education to the Governor, the State Board
442of Education, the Board of Governors, the Commissioner of
443Education, the President of the Senate, the Speaker of the House
444of Representatives, all Florida postsecondary teacher
445preparation programs, and interested members of the public. This
446report must analyze the data and make recommendations for
447improving teacher preparation programs in the state.
448     (d)(c)  Continued approval for a teacher preparation
449program is contingent upon the results of periodic reviews, on a
450schedule established by the State Board of Education, of the
451program conducted by the postsecondary educational institution,
452using procedures and criteria outlined in an institutional
453program evaluation plan approved by the Department of Education,
454which must include the program's review of and response to the
455effect of its candidates and graduates on K-12 student learning.
456This plan must also incorporate and respond to the criteria
457established in paragraphs (a) and (b) and (c) and include
458provisions for involving primary stakeholders, such as program
459graduates, district school personnel, classroom teachers,
460principals, community agencies, and business representatives in
461the evaluation process. Upon request by an institution, the
462department shall provide assistance in developing, enhancing, or
463reviewing the institutional program evaluation plan and training
464evaluation team members.
465     (e)(d)  Continued approval for a teacher preparation
466program is contingent upon standards being in place that are
467designed to adequately prepare elementary, middle, and high
468school teachers to instruct their students in reading and
469higher-level mathematics concepts and in the use of technology
470at the appropriate grade level.
471     (f)(e)  Continued approval of teacher preparation programs
472is contingent upon compliance with the student admission
473requirements of subsection (4) and upon the receipt of at least
474a satisfactory rating from public schools and private schools
475that employ graduates of the program. Each teacher preparation
476program shall guarantee the high quality of its graduates during
477the first 2 years immediately following graduation from the
478program or following the graduate's initial certification,
479whichever occurs first. Any educator in a Florida school who
480fails to demonstrate student learning gains the essential skills
481as specified in paragraph (a) subparagraphs 1.-5. shall be
482provided additional training by the teacher preparation program
483at no expense to the educator or the employer. Such training
484must consist of an individualized plan agreed upon by the school
485district and the postsecondary educational institution that
486includes specific learning outcomes. The postsecondary
487educational institution assumes no responsibility for the
488educator's employment contract with the employer. Employer
489satisfaction shall be determined by an annually administered
490survey instrument approved by the Department of Education that,
491at a minimum, must include employer satisfaction of the
492graduates' ability to do the following:
493     1.  Write and speak in a logical and understandable style
494with appropriate grammar.
495     2.  Recognize signs of students' difficulty with the
496reading and computational process and apply appropriate measures
497to improve students' reading and computational performance.
498     3.  Use and integrate appropriate technology in teaching
499and learning processes.
500     4.  Demonstrate knowledge and understanding of Sunshine
501State Standards.
502     5.  Maintain an orderly and disciplined classroom conducive
503to student learning.
504     (g)(f)1.  Each Florida public and private institution that
505offers a state-approved teacher preparation program must
506annually report information regarding these programs to the
507state and the general public. This information shall be reported
508in a uniform and comprehensible manner that is consistent with
509definitions and methods approved by the Commissioner of the
510National Center for Educational Statistics and that is approved
511by the State Board of Education. This information must include,
512at a minimum:
513     a.  The percent of graduates obtaining full-time teaching
514employment within the first year of graduation.
515     b.  The average length of stay of graduates in their full-
516time teaching positions.
517     c.  The percent of graduates whose students achieved
518learning gains, as specified in paragraph (a). For purposes of
519this paragraph, the information shall include the percentage of
520the students taught per graduate who achieved learning gains.
521Satisfaction ratings required in paragraph (e).
522     2.  Each public and private institution offering training
523for school readiness related professions, including training in
524the fields of child care and early childhood education, whether
525offering career credit, associate in applied science degree
526programs, associate in science degree programs, or associate in
527arts degree programs, shall annually report information
528regarding these programs to the state and the general public in
529a uniform and comprehensible manner that conforms with
530definitions and methods approved by the State Board of
531Education. This information must include, at a minimum:
532     a.  Average length of stay of graduates in their teaching
534     b.  The percent of graduates obtaining full-time teaching
535employment within the first year of graduation. Satisfaction
536ratings of graduates' employers.
538This information shall be reported through publications,
539including college and university catalogs and promotional
540materials sent to potential applicants, secondary school
541guidance counselors, and prospective employers of the
542institution's program graduates.
543     (6)  PRESERVICE FIELD EXPERIENCE.-All postsecondary
544instructors, school district personnel and instructional
545personnel, and school sites preparing instructional personnel
546through preservice field experience courses and internships
547shall meet special requirements. District school boards are
548authorized to pay student teachers during their internships.
549     (a)  All instructors in postsecondary teacher preparation
550programs who instruct or supervise preservice field experiences,
551preservice experience courses, or internships shall have at
552least one of the following: specialized training in clinical
553supervision; a valid professional teaching certificate issued
554under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
555of successful teaching experience in prekindergarten through
556grade 12.
557     (b)  All school district personnel and instructional
558personnel who supervise or direct teacher preparation students
559during field experience courses or internships must have
560evidence of "clinical educator" training and must successfully
561demonstrate effective classroom management strategies that
562consistently result in improved student performance. The State
563Board of Education shall approve the training requirements.
564     (c)  Preservice field experience programs must provide for
565continuous student participation in K-12 classroom settings with
566supervised instruction of K-12 students. All preservice field
567experience programs must provide specific guidance and
568demonstration of effective classroom management strategies,
569strategies for incorporating technology into classroom
570instruction, strategies for incorporating scientifically
571researched, knowledge-based reading literacy and computational
572skills acquisition into classroom instruction, and ways to link
573instructional plans to the Sunshine State Standards, as
574appropriate. The length of structured field experiences may be
575extended to ensure that candidates achieve the competencies
576needed to meet certification requirements.
577     (d)  Postsecondary teacher preparation programs, in
578consultation cooperation with district school boards and
579approved private school associations, shall select the school
580sites for preservice field experience activities based on the
581instructional skills of the instructor or supervisor with whom
582the teaching candidate is placed, as demonstrated by the
583instructor's or supervisor's sustained student learning gains as
584specified in paragraph (5)(a). These sites must represent the
585full spectrum of school communities, including, but not limited
586to, schools located in urban settings. In order to be selected,
587school sites must demonstrate commitment to the education of
588public school students and to the preparation of future
590     Section 9.  Subsections (11) and (12) of section 1004.04,
591Florida Statutes, are repealed.
592     Section 10.  Paragraph (b) of subsection (3) and
593subsections (4) and (5) of section 1004.85, Florida Statutes,
594are amended to read:
595     1004.85  Postsecondary educator preparation institutes.-
596     (3)  Educator preparation institutes approved pursuant to
597this section may offer alternative certification programs
598specifically designed for noneducation major baccalaureate
599degree holders to enable program participants to meet the
600educator certification requirements of s. 1012.56. Such programs
601shall be competency-based educator certification preparation
602programs that prepare educators through an alternative route. An
603educator preparation institute choosing to offer an alternative
604certification program pursuant to the provisions of this section
605must implement a program previously approved by the Department
606of Education for this purpose or a program developed by the
607institute and approved by the department for this purpose.
608Approved programs shall be available for use by other approved
609educator preparation institutes.
610     (b)  Each program participant must:
611     1.  Meet certification requirements pursuant to s.
6121012.56(1) and (2) by obtaining a statement of status of
613eligibility prior to admission into the program which indicates
614eligibility for a temporary certificate in a teaching subject
615and meet the requirements of s. 1012.56(2)(a)-(f).
616     2.  Participate in field experience that is appropriate to
617his or her educational plan.
618     3.  Demonstrate mastery of general knowledge by one of the
619options provided in s. 1012.56(3) prior to completion of the
621     4.3.  Fully demonstrate his or her ability to teach the
622subject area for which he or she is seeking certification
623through field experiences and by achievement of a passing score
624on the corresponding subject area test prior to completion of
625the program and demonstrate mastery of professional preparation
626and education competence by achievement of a passing score on
627the professional education competency examination required by
628state board rule prior to completion of the program.
629     (4)  Each alternative certification program institute
630approved pursuant to this section shall submit to the Department
631of Education annual performance evaluations that measure the
632effectiveness of the programs, including the pass rates of
633participants on all examinations required for teacher
634certification, employment rates, longitudinal retention rates,
635and a review of the impact that participants who have completed
636the program have on K-12 student learning and employer
637satisfaction surveys. The employer satisfaction surveys must be
638designed to measure the sufficient preparation of the educator
639to enter the classroom. These evaluations and evidence of
640student learning gains, as measured by state assessments
641required under s. 1008.22, shall be used by the Department of
642Education for purposes of continued approval of an educator
643preparation institute's alternative certification program.
644     (5)  Instructors for an alternative certification program
645approved pursuant to this section must meet the requirements of
646s. 1004.04(6) possess a master's degree in education or a
647master's degree in an appropriate related field and document
648teaching experience.
649     Section 11.  Section 1008.222, Florida Statutes, is created
650to read:
651     1008.222  Development and implementation of end-of-course
652assessments of certain subject areas and grade levels.-
653     (1)  Each school district must develop or acquire a valid
654and reliable end-of-course assessment for each subject area and
655grade level not measured by state assessments required under s.
6561008.22 or by examinations in AP, IB, AICE, or a national
657industry certification identified in the Industry Certification
658Funding List pursuant to rules adopted by the State Board of
659Education. The content, knowledge, and skills assessed by end-
660of-course assessments for each school district must be aligned
661to the core curricular content established in the Sunshine State
663     (2)(a)  Beginning with the 2013-2014 school year, each
664school district must require that each school in the district
665administer the district's standard assessment for each subject
666area or grade level, as described in subsection (1).
667     (b)  Each district school superintendent must ensure that
668teachers who provide instruction in the same subject or grade
669level administer the same end-of-course assessment, as described
670in subsection (1). Each school district must adopt policies to
671ensure standardized administration and security of the
673     (c)  Each district school superintendent is responsible for
674implementing standardized assessment security and
675administration, the reporting of assessment results, and using
676assessment results to comply with provisions of ss.
6771012.22(1)(c) and 1012.34. The district school superintendent
678shall certify to the Commissioner of Education that the security
679of a standardized assessment required under this section is
680maintained. If a district school superintendent's certification
681is determined to be invalid through an audit by the Auditor
682General or an investigation by the Department of Education, the
683superintendent is subject to suspension and removal on the
684grounds of misfeasance pursuant to s. 7, Art. IV of the State
686     (d)  The Commissioner of Education shall identify methods
687to assist and support districts in the development and
688acquisition of assessments required under this section. Methods
689may include the development of item banks, facilitation of the
690sharing of developed tests among districts, and technical
691assistance in best professional practices of test development
692based on state-adopted curriculum standards, administration, and
694     Section 12.  Paragraph (a) of subsection (1) of section
6951009.40, Florida Statutes, is amended to read:
696     1009.40  General requirements for student eligibility for
697state financial aid awards and tuition assistance grants.-
698     (1)(a)  The general requirements for eligibility of
699students for state financial aid awards and tuition assistance
700grants consist of the following:
701     1.  Achievement of the academic requirements of and
702acceptance at a state university or community college; a nursing
703diploma school approved by the Florida Board of Nursing; a
704Florida college, university, or community college which is
705accredited by an accrediting agency recognized by the State
706Board of Education; any Florida institution the credits of which
707are acceptable for transfer to state universities; any career
708center; or any private career institution accredited by an
709accrediting agency recognized by the State Board of Education.
710     2.  Residency in this state for no less than 1 year
711preceding the award of aid or a tuition assistance grant for a
712program established pursuant to s. 1009.50, s. 1009.505, s.
7131009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
7141009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
7151009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
716Residency in this state must be for purposes other than to
717obtain an education. Resident status for purposes of receiving
718state financial aid awards shall be determined in the same
719manner as resident status for tuition purposes pursuant to s.
721     3.  Submission of certification attesting to the accuracy,
722completeness, and correctness of information provided to
723demonstrate a student's eligibility to receive state financial
724aid awards or tuition assistance grants. Falsification of such
725information shall result in the denial of any pending
726application and revocation of any award or grant currently held
727to the extent that no further payments shall be made.
728Additionally, students who knowingly make false statements in
729order to receive state financial aid awards or tuition
730assistance grants commit a misdemeanor of the second degree
731subject to the provisions of s. 837.06 and shall be required to
732return all state financial aid awards or tuition assistance
733grants wrongfully obtained.
734     Section 13.  Section 1009.54, Florida Statutes, is
736     Section 14.  Section 1009.57, Florida Statutes, is
738     Section 15.  Section 1009.58, Florida Statutes, is
740     Section 16.  Section 1009.59, Florida Statutes, is
742     Section 17.  Paragraph (c) of subsection (2) of section
7431009.94, Florida Statutes, is amended to read:
744     1009.94  Student financial assistance database.-
745     (2)  For purposes of this section, financial assistance
747     (c)  Any financial assistance provided under s. 1009.50, s.
7481009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
7491009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
7501009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
7511009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
752     Section 18.  Section 1011.626, Florida Statutes, is created
753to read:
754     1011.626  Performance Fund for Instructional Personnel and
755School-Based Administrators.-
756     (1)  LEGISLATIVE INTENT.-It is the intent of the
757Legislature to ensure that every student has a high-quality
758teacher in his or her classroom. The Legislature intends,
759therefore, to hold school districts accountable for demonstrably
760increasing student achievement.
761     (2)  FINDINGS.-The Legislature finds that:
762     (a)  Quality classroom teachers and school-based
763administrators are the single greatest indicators of student
765     (b)  A school district that fails to reward quality
766classroom teachers or school-based administrators on the
767performance of their students, and instead rewards these
768individuals, in whole or in part, based on the number of years
769worked or degrees held, has violated s. 1012.22(1)(c). A school
770district's failure to comply with s. 1012.22(1)(c) fails to
771maximize student learning by not providing the appropriate
772incentives to attract and retain quality classroom teachers and
773school-based administrators. As a result, students are penalized
774for the acts or omissions of district school boards or district
775school superintendents.
776     (c)  A school district that fails to adopt and implement
777end-of-course assessments that comply with s. 1008.222
778frustrates the purpose of ensuring that each student has a high-
779quality teacher in his or her classroom by preventing the
780determination of the quality of a classroom teacher's or school-
781based administrator's performance.
782     (d)  A school district that fails to comply with s.
7831012.335 frustrates the purpose of ensuring that each student
784has a high-quality teacher in his or her classroom by preventing
785the school district from promptly removing a poor-performing
786classroom teacher from the classroom and employment.
787     (3)  PERFORMANCE FUND.-Effective with the beginning of the
7882011-2012 year and each year thereafter, the Performance Fund
789for Instructional Personnel and School-Based Administrators is
791     (4)  CALCULATION OF THE FUND.-The Commissioner of Education
792shall calculate for the second calculation for each district and
793charter school an amount of state funds equivalent to 5 percent
794of the total state, local, and federal funding determined by the
795Florida Education Finance Program under ss. 1011.62, 1011.685,
796and 1011.71(1) and (3). Such funds shall be designated as each
797district's and charter school's annual Performance Fund for
798Instructional Personnel and School-Based Administrators.
800     (a)  The commissioner shall distribute these funds in
801accordance with the provisions of s. 1011.62(12) to a district
802for the implementation of a salary schedule adopted by the
803district school board pursuant to s. 1012.22, implementation of
804a performance appraisal system pursuant to s. 1012.34, and the
805development of end-of-course assessments pursuant to s.
8061008.222. The funds may not be used to increase the base
807salaries or salary adjustments of employees rated as
808unsatisfactory or needs improvement pursuant to s. 1012.34.
809     (b)  If funds remain in a district's Performance Fund for
810Instructional Personnel and School-Based Administrators after
811the end-of-course assessments in s. 1008.222, performance
812appraisal system requirements in s. 1012.34, and salary schedule
813requirements in s. 1012.22 have been met, the balance may be
814used by the district for the same purpose as funds provided
815pursuant to s. 1011.62(1)(t). Any funds remaining in a
816district's fund at the end of the state fiscal year shall revert
817to the fund from which they were appropriated.
818     (c)  A salary increase awarded from these funds shall be
819awarded in addition to any general increase or other adjustments
820to salaries which are made by a school district. An employee's
821eligibility for or receipt of a salary increase shall not
822adversely affect that employee's opportunity to qualify for or
823to receive any other compensation that is made generally
824available to other similarly situated district school board
826     (d)  Each district shall annually set aside sufficient
827federal grant funds to ensure that the policies described in
828this section are equally applied to eligible individuals paid
829from federal grants.
830     (6)  REVIEW.-
831     (a)  Beginning with the 2014-2015 fiscal year and each
832fiscal year thereafter, each district school board must submit
833the district-adopted salary schedule for the school year and
834supporting documentation to the commissioner for review on or
835before October 1 of each year. On or before December 15 of each
836year, the commissioner shall complete a review of each salary
837schedule submitted for that school year, determine compliance
838with s. 1012.22(1)(c), and notify a district school board if the
839district salary schedule fails to meet the requirements in s.
8401012.22(1)(c). The commissioner shall certify those school
841districts that do not comply with s. 1012.22(1)(c) to the
842Governor, the President of the Senate, and the Speaker of the
843House of Representatives on or before February 15 of each year.
844     (b)  Beginning with the 2013-2014 fiscal year and
845thereafter, the commissioner shall select a sampling of school
846district end-of-course assessments from multiple districts, and
847school districts must submit for review the requested
848assessments and supporting documentation on or before October 1
849of each year. A school district that fails to provide the
850requested assessment to the commissioner on or before October 1
851of each year is in violation of s. 1008.222. On or before
852December 15 of each year, the commissioner shall complete a
853review of each selected assessment, determine compliance with s.
8541008.222, and notify a district school board if the selected
855assessment fails to meet the requirements in s. 1008.222. The
856commissioner shall certify those school districts that do not
857comply with s. 1008.222 to the Governor, the President of the
858Senate, and the Speaker of the House of Representatives on or
859before February 15 of each year.
860     (c)  In the financial audit of each school district,
861performed by either the Auditor General or an independent
862certified public accountant in accordance with s. 218.39, the
863auditor shall review a sample of classroom teacher contracts and
864determine compliance with s. 1012.335. The sample shall be
865selected in accordance with guidelines established by the
866American Institute of Certified Public Accountants. The auditor
867shall document violations of s. 1012.335 and provide the
868documentation to the Commissioner of Education on or before
869October 1 of each year following the audit. On or before
870December 15 of each year, the commissioner shall notify the
871Governor, the President of the Senate, the Speaker of the House
872of Representatives, and each school district identified in the
873audit that has not complied with s. 1012.335.
874     (7)  FUNDING ADJUSTMENT.-A school district that is
875certified by the commissioner as not in compliance with the law
876as described in paragraph (6)(a), paragraph (6)(b), or paragraph
877(6)(c) shall receive a funding adjustment equal to the amount
878calculated in subsection (4). Such funding adjustment shall be
879implemented through the withholding of undistributed funds to
880which the district is otherwise entitled. To the extent a
881district's undistributed funds are insufficient to fully satisfy
882the funding adjustment, the unsatisfied balance shall be
883withheld from the district's operating funds for the subsequent
884fiscal year in the form of a prior year adjustment.
885     (8)  RULEMAKING.-The State Board of Education shall adopt
886rules pursuant to ss. 120.536(1) and 120.54 to implement this
887section. Such rules shall include the documentation requirements
888for districts, processes and criteria used for determining
889whether the salary schedule, performance appraisal system, and
890end-of-course assessments comply with this section, and the
891reporting and monitoring processes that will be used to ensure
892compliance with the use of funds distributed under paragraph
894     Section 19.  Subsection (2) of section 1011.69, Florida
895Statutes, is amended to read:
896     1011.69  Equity in School-Level Funding Act.-
897     (2)  Beginning in the 2003-2004 fiscal year, district
898school boards shall allocate to schools within the district an
899average of 90 percent of the funds generated by all schools and
900guarantee that each school receives at least 80 percent of the
901funds generated by that school based upon the Florida Education
902Finance Program as provided in s. 1011.62 and the General
903Appropriations Act, including gross state and local funds,
904discretionary lottery funds, and funds from the school
905district's current operating discretionary millage levy. Total
906funding for each school shall be recalculated during the year to
907reflect the revised calculations under the Florida Education
908Finance Program by the state and the actual weighted full-time
909equivalent students reported by the school during the full-time
910equivalent student survey periods designated by the Commissioner
911of Education. If the district school board is providing programs
912or services to students funded by federal funds, any eligible
913students enrolled in the schools in the district shall be
914provided federal funds. Only academic performance-based charter
915school districts, pursuant to s. 1003.62, are exempt from the
916provisions of this section.
917     Section 20.  Subsection (4) of section 1012.05, Florida
918Statutes, is amended to read:
919     1012.05  Teacher recruitment and retention.-
920     (4)  The Department of Education, in cooperation with
921district personnel offices, may shall sponsor virtual job fairs
922a job fair in a central part of the state to match high-quality,
923in-state educators and potential educators and out-of-state
924educators and potential educators with teaching opportunities in
925this state. The Department of Education is authorized to collect
926a job fair registration fee not to exceed $20 per person and a
927booth fee not to exceed $250 per school district or other
928interested participating organization. The revenue from the fees
929shall be used to promote and operate the job fair. Funds may be
930used to purchase promotional items such as mementos, awards, and
932     Section 21.  Section 1012.07, Florida Statutes, is amended
933to read:
934     1012.07  Identification of critical teacher shortage
936     (1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
937"critical teacher shortage area" means high-need content areas
938applies to mathematics, science, career education, and high-
939priority high priority location areas identified by. the State
940Board of Education may identify career education programs having
941critical teacher shortages. The State Board of Education shall
942adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
943annually identify other critical teacher shortage areas and high
944priority location areas. The state board must shall also
945consider current and emerging educational requirements and
946workforce demands teacher characteristics such as ethnic
947background, race, and sex in determining critical teacher
948shortage areas. School grade levels may also be designated
949critical teacher shortage areas. Individual district school
950boards may identify and submit other critical teacher shortage
951areas. Such submissions shortages must be aligned to current and
952emerging educational requirements and workforce demands in order
953to be certified to and approved by the State Board of Education.
954High-priority High priority location areas shall be in high-
955density, low-economic urban schools; and low-density, low-
956economic rural schools; and schools identified as lowest
957performing under s. 1008.33(4)(b) shall include schools which
958meet criteria which include, but are not limited to, the
959percentage of free lunches, the percentage of students under
960Chapter I of the Education Consolidation and Improvement Act of
9611981, and the faculty attrition rate.
962     (2)  This section shall be implemented only to the extent
963as specifically funded and authorized by law.
964     Section 22.  Effective July 1, 2014, paragraph (c) of
965subsection (1) of section 1012.22, Florida Statutes, is amended
966to read:
967     1012.22  Public school personnel; powers and duties of the
968district school board.-The district school board shall:
969     (1)  Designate positions to be filled, prescribe
970qualifications for those positions, and provide for the
971appointment, compensation, promotion, suspension, and dismissal
972of employees as follows, subject to the requirements of this
974     (c)  Compensation and salary schedules.-
975     1.a.  As provided in this paragraph, the district school
976board shall adopt a salary schedule that compensates employees
977based on their performance. The district school board shall
978adopt a salary schedule or salary schedules designed to furnish
979incentives for improvement in training and for continued
980efficient service to be used as a basis for paying all school
981employees and fix and authorize the compensation of school
982employees on the basis thereof.
983     b.2.  A district school board, in determining the salary
984adjustments schedule for instructional personnel and school-
985based administrators, must base a portion of each employee's
986adjustment only compensation on performance demonstrated under
987s. 1012.34, must consider the prior teaching experience of a
988person who has been designated state teacher of the year by any
989state in the United States, and must consider prior professional
990experience in the field of education gained in positions in
991addition to district level instructional and administrative
993     c.3.  In developing the salary schedule, the district
994school board shall seek input from parents, teachers, and
995representatives of the business community.
996     2.4.  Beginning with the 2007-2008 academic year, Each
997district school board shall adopt a salary adjustment for
998schedule with differentiated pay for both instructional
999personnel and school-based administrators. The salary schedule
1000is subject to negotiation as provided in chapter 447 and must
1001allow differentiated pay based on the following:
1002     a.  Assignment to a school in a high-priority location
1003area, as defined in State Board of Education rule, with
1004continued differentiated pay contingent upon documentation of
1005performance under s. 1012.34;
1006     b.  Certification and teaching in critical teacher shortage
1007areas, as defined in State Board of Education rule, with
1008continued differentiated pay contingent upon documentation of
1009performance under s. 1012.34; and
1010     c.  Assignment of additional academic responsibilities,
1011with continued differentiated pay contingent upon documentation
1012of performance under s. 1012.34.
1013     3.  A district school board shall adopt a salary schedule
1014for beginning and renewing teachers as follows:
1015     a.  A beginning teacher. For purposes of this sub-
1016subparagraph, the term "beginning teacher" is a classroom
1017teacher as defined in s. 1012.01(2)(a) who has no prior K-12
1018teaching experience.
1019     b.  A teacher who holds a valid professional standard
1020certificate issued by another state and who is hired by the
1021district school board.
1022     c.  A teacher who holds a valid professional certificate
1023issued pursuant to s. 1012.56, who has not taught in the
1024classroom at any time during the previous certification period,
1025and who is hired by the district school board.
1026     4.  The salary schedule in subparagraph 3. shall be in
1027effect only for the first year that the teacher provides
1028instruction in a Florida K-12 classroom. A district school board
1029may not use length of service or degrees held as a factor in
1030setting a salary schedule district-determined factors,
1031including, but not limited to, additional responsibilities,
1032school demographics, critical shortage areas, and level of job
1033performance difficulties.
1034     Section 23.  Section 1012.225, Florida Statutes, is
1036     Section 24.  Section 1012.2251, Florida Statutes, is
1038     Section 25.  Subsection (3) of section 1012.28, Florida
1039Statutes, is amended to read:
1040     1012.28  Public school personnel; duties of school
1042     (3)  Each school principal is responsible for the
1043performance of all personnel employed by the district school
1044board and assigned to the school to which the principal is
1045assigned. The school principal shall faithfully and effectively
1046apply the personnel appraisal assessment system approved by the
1047district school board pursuant to s. 1012.34.
1048     Section 26.  Subsection (5) of section 1012.33, Florida
1049Statutes, is amended to read:
1050     1012.33  Contracts with instructional staff, supervisors,
1051and school principals.-
1052     (5)  Should a district school board have to choose from
1053among its personnel who are on continuing contracts or
1054professional service contracts as to which should be retained,
1055such decisions shall be based primarily upon the employee's
1056performance as provided in s. 1012.34 made pursuant to the terms
1057of a collectively bargained agreement, when one exists. If no
1058such agreement exists, the district school board shall prescribe
1059rules to handle reductions in workforce.
1060     Section 27.  Section 1012.335, Florida Statutes, is created
1061to read:
1062     1012.335  Contracts with classroom teachers hired on or
1063after July 1, 2010.-
1064     (1)  DEFINITIONS.-As used in this section, the term:
1065     (a)  "Annual contract" means a contract for a period of no
1066longer than 1 school year in which the district school board may
1067choose to renew or not renew without cause.
1068     (b)  "Classroom teacher" means a classroom teacher as
1069defined in s. 1012.01(2)(a), excluding substitute teachers.
1070     (c)  "Probationary contract" means a contract for a period
1071of no longer than 1 school year during which a classroom teacher
1072may be dismissed without cause or may resign from the
1073contractual position without breach of contract.
1074     (2)  EMPLOYMENT.-
1075     (a)  Beginning July 1, 2010, each person newly hired as a
1076classroom teacher by a school district shall receive a
1077probationary contract.
1078     (b)  A classroom teacher may receive up to four annual
1079contracts in a school district in this state if the teacher:
1080     1.  Holds a professional certificate as prescribed by s.
10811012.56 and in the rules of the State Board of Education; and
1082     2.  Has been recommended by the district school
1083superintendent for the annual contract and approved by the
1084district school board.
1085     (c)  A classroom teacher may not receive an annual contract
1086for the 6th year of teaching and thereafter unless the classroom
1088     1.  Holds a professional certificate as prescribed by s.
10891012.56 and in the rules of the State Board of Education;
1090     2.  Has been recommended by the district school
1091superintendent for the annual contract and approved by the
1092district school board; and
1093     3.  Has received an effective or highly effective
1094designation on his or her appraisal pursuant to s. 1012.34 in at
1095least 2 of the 3 preceding years for each year an annual
1096contract is sought.
1098ANNUAL CONTRACT.-A classroom teacher who has an annual contract
1099may be suspended or dismissed at any time during the term of the
1100contract for just cause as provided in subsection (4). The
1101district school board must notify a classroom teacher in writing
1102whenever charges are made against the classroom teacher, and the
1103district school board may suspend him or her without pay.
1104However, if the charges are not sustained, the classroom teacher
1105shall be immediately reinstated and his or her back pay shall be
1107     (4)  JUST CAUSE.-The State Board of Education shall adopt
1108rules to define the term "just cause." Just cause includes, but
1109is not limited to:
1110     (a)  Immorality.
1111     (b)  Misconduct in office.
1112     (c)  Incompetency.
1113     (d)  Gross insubordination.
1114     (e)  Willful neglect of duty.
1115     (f)  Being convicted or found guilty of, or entering a plea
1116of guilty to, regardless of adjudication of guilt, any crime
1117involving moral turpitude.
1118     (g)  Poor performance as demonstrated by a lack of student
1119learning gains, as specified in s. 1012.34.
1120     Section 28.  Section 1012.34, Florida Statutes, is amended
1121to read:
1122     1012.34  Appraisal Assessment procedures and criteria.-
1123     (1)  For the purpose of increasing student achievement by
1124improving the quality of instructional, administrative, and
1125supervisory services in the public schools of the state, the
1126district school superintendent shall establish procedures for
1127evaluating assessing the performance of duties and
1128responsibilities of all instructional, administrative, and
1129supervisory personnel employed by the school district. The
1130Department of Education must approve each district's
1131instructional personnel appraisal assessment system and
1132appraisal instruments. The Department of Education must approve
1133each school-based administrator appraisal system and appraisal
1134instruments. The department shall collect from each school
1135district the annual performance ratings of all instructional and
1136school-based administrative personnel and report the percentage
1137of each of these employees receiving each rating category by
1138school and by district to the Governor, the President of the
1139Senate, and the Speaker of the House of Representatives.
1140     (2)  The following conditions must be considered in the
1141design of the district's instructional personnel appraisal
1142assessment system:
1143     (a)  The system must be designed to support high-quality
1144instruction and increased academic achievement district and
1145school level improvement plans.
1146     (b)  The system must provide appropriate appraisal
1147instruments, procedures, and criteria for continuous quality
1148improvement of the professional skills of instructional
1150     (c)  The system must include a mechanism to examine
1151performance data from multiple sources, which includes giving
1152give parents an opportunity to provide input into employee
1153performance appraisals assessments when appropriate.
1154     (d)  In addition to addressing generic teaching
1155competencies, districts must determine those teaching fields for
1156which special procedures and criteria will be developed.
1157     (e)  Each district school board may establish a peer
1158assistance process. The plan may provide a mechanism for
1159assistance of persons who are placed on performance probation as
1160well as offer assistance to other employees who request it.
1161     (f)  Each The district school board shall provide training
1162programs that are based upon guidelines provided by the
1163Department of Education to ensure that all individuals with
1164evaluation responsibilities understand the proper use of the
1165appraisal assessment criteria and procedures.
1166     (g)  The system must differentiate among four levels of
1167performance: unsatisfactory, needs improvement, effective, and
1168highly effective. The Commissioner of Education shall consult
1169with performance pay experts and classroom teachers in
1170developing the performance levels. Beginning with the 2014-2015
1171school year and thereafter, instructional personnel and school-
1172based administrators may not be rated as effective or highly
1173effective if their students fail to demonstrate learning gains.
1174     (h)  The system must include a process for monitoring the
1175effective and consistent use of appraisal criteria by
1176supervisors and administrators and a process for evaluating the
1177effectiveness of the system itself in improving the level of
1178instruction and learning in the district's schools.
1179     (3)  The appraisal assessment procedure for instructional
1180personnel and school administrators must be primarily based on
1181the performance of students assigned to their classrooms or
1182schools, as described in paragraph (a) appropriate. Pursuant to
1183this section, A school district's performance appraisal
1184assessment is not limited to basing unsatisfactory performance
1185of instructional personnel and school administrators upon
1186student performance, but may include other criteria approved to
1187evaluate assess instructional personnel and school
1188administrators' performance, or any combination of student
1189performance and other approved criteria. The procedures must
1190comply with, but are not limited to, the following requirements:
1191     (a)  An appraisal assessment must be conducted for each
1192employee at least once a year, except that an appraisal for each
1193teacher, as described in s. 1012.22(1)(c)3., must be conducted
1194at least twice a year. The assessment must be based upon sound
1195educational principles and contemporary research in effective
1196educational practices. The assessment must primarily use data
1197and indicators of improvement in student performance assessed
1198annually as specified in s. 1008.22 and may consider results of
1199peer reviews in evaluating the employee's performance. Student
1200performance must be measured by state assessments required under
1201s. 1008.22 and by local assessments for subjects and grade
1202levels not measured by the state assessment program. The
1203appraisal assessment criteria must include, but are not limited
1204to, indicators that relate to the following:
1205     1.  Performance of students.
1206     a.  Beginning with the 2014-2015 school year and
1207thereafter, for the classroom teacher, the learning gains of
1208students assigned to the teacher must comprise more than 50
1209percent of the determination of the classroom teacher's
1210performance. Beginning with the 2014-2015 school year and
1211thereafter, for instructional personnel who are not classroom
1212teachers, the learning gains of students assigned to the school
1213must comprise more than 50 percent of the determination of the
1214individual's performance. A school district may use the learning
1215gains of students assigned to the classroom teacher for the
1216preceding 3 years or, for instructional personnel who are not
1217classroom teachers, the learning gains of students assigned to
1218the school for the preceding 3 years, to determine the
1219individual's performance. For purposes of this sub-subparagraph,
1220"school" means the school to which the instructional personnel
1221who is not a classroom teacher was assigned for the last 3
1222years. Student learning gains are measured by state assessments
1223required under s. 1008.22, examinations in AP, IB, AICE, or a
1224national industry certification identified in the Industry
1225Certification Funding List pursuant to rules adopted by the
1226State Board of Education, or district assessments for subject
1227areas and grade levels as required under s. 1008.222.
1228     b.  For instructional personnel, more than 50 percent of
1229the determination of the individual's performance must be based
1230on the performance of students assigned to their classrooms or
1231schools, as appropriate. Student performance must be measured by
1232state assessments required under s. 1008.22 and by local
1233assessments for subjects and grade levels not measured by the
1234state assessment program. This sub-subparagraph expires July 1,
1236     2.  Instructional practice. For instructional personnel,
1237performance criteria must be based on the Florida Educator
1238Accomplished Practices adopted by the State Board of Education
1239by rule, which include:
1240     a.  Ability to maintain appropriate discipline.
1241     b.3.  Knowledge of subject matter. The district school
1242board shall make special provisions for evaluating teachers who
1243are assigned to teach out-of-field.
1244     c.4.  Ability to plan and deliver effective instruction and
1245the effective use of technology in the classroom.
1246     d.5.  Ability to use assessment data and other evidence of
1247student learning to design and implement differentiated
1248instructional strategies in order to meet individual student
1249needs for remediation or acceleration evaluate instructional
1251     e.6.  Ability to establish and maintain a positive
1252collaborative relationship with students' families to increase
1253student achievement.
1254     f.7.  Other professional competencies, responsibilities,
1255and requirements as established by rules of the State Board of
1256Education and policies of the district school board.
1257     3.  Instructional leadership performance.
1258     a.  Beginning with the 2014-2015 school year and
1259thereafter, for a school-based administrator, the learning gains
1260of students assigned to the school must comprise more than 50
1261percent of the determination of the school-based administrator's
1262performance. A school district may use the learning gains of
1263students assigned to the school for the preceding 3 years to
1264determine the school-based administrator's performance. For
1265purposes of this sub-subparagraph, "school" means the school to
1266which the administrator was assigned for the last 3 years.
1267Student learning gains are measured by state assessments
1268required under s. 1008.22, examinations in AP, IB, AICE, or a
1269national industry certification identified in the Industry
1270Certification Funding List pursuant to rules adopted by the
1271State Board of Education, or district assessments for subject
1272areas and grade levels as required under s. 1008.222.
1273     b.  For school-based administrators, more than 50 percent
1274of the determination of the individual's performance must be
1275based on the performance of students assigned to their schools.
1276Student performance must be measured by state assessments
1277required under s. 1008.22 and by local assessments for subjects
1278and grade levels not measured by the state assessment program.
1279This sub-subparagraph expires July 1, 2014.
1280     4.  Instructional leadership practice. For a school-based
1281administrator, performance criteria must be based on the Florida
1282Principal Leadership Standards adopted by the State Board of
1283Education under s. 1012.986, which includes the ability to:
1284     a.  Manage human, financial, and material resources so as
1285to maximize the share of resources used for direct instruction,
1286as opposed to overhead or other purposes; and
1287     b.  Recruit and retain high-performing teachers.
1288     (b)  All personnel must be fully informed of the criteria
1289and procedures associated with the appraisal assessment process
1290before the appraisal assessment takes place.
1291     (c)  The individual responsible for supervising the
1292employee must evaluate assess the employee's performance. The
1293evaluator must submit a written report of the appraisal
1294assessment to the district school superintendent for the purpose
1295of reviewing the employee's contract. The evaluator must submit
1296the written report to the employee no later than 10 days after
1297the appraisal assessment takes place. The evaluator must discuss
1298the written report of the appraisal assessment with the
1299employee. The employee shall have the right to initiate a
1300written response to the appraisal assessment, and the response
1301shall become a permanent attachment to his or her personnel
1303     (d)  If an employee is not performing his or her duties in
1304a satisfactory manner, the evaluator shall notify the employee
1305in writing of such determination. The notice must describe such
1306unsatisfactory performance and include notice of the following
1307procedural requirements:
1308     1.  Upon delivery of a notice of unsatisfactory
1309performance, the evaluator must confer with the employee, make
1310recommendations with respect to specific areas of unsatisfactory
1311performance, and provide assistance in helping to correct
1312deficiencies within a prescribed period of time.
1313     2.a.  If the employee holds an annual contract as provided
1314in s. 1012.335, and receives an unsatisfactory performance
1315appraisal pursuant to the criteria in subparagraph (a)2., the
1316employee may request a review of the appraisal by the district
1317school superintendent or his or her designee. The district
1318school superintendent may review the employee's appraisal.
1319     b.  If the employee holds a professional service contract
1320as provided in s. 1012.33, the employee shall be placed on
1321performance probation and governed by the provisions of this
1322section for 90 calendar days following the receipt of the notice
1323of unsatisfactory performance to demonstrate corrective action.
1324School holidays and school vacation periods are not counted when
1325calculating the 90-calendar-day period. During the 90 calendar
1326days, the employee who holds a professional service contract
1327must be evaluated periodically and apprised of progress achieved
1328and must be provided assistance and inservice training
1329opportunities to help correct the noted performance
1330deficiencies. At any time during the 90 calendar days, the
1331employee who holds a professional service contract may request a
1332transfer to another appropriate position with a different
1333supervising administrator; however, a transfer does not extend
1334the period for correcting performance deficiencies.
1335     c.b.  Within 14 days after the close of the 90 calendar
1336days, the evaluator must evaluate assess whether the performance
1337deficiencies have been corrected and forward a recommendation to
1338the district school superintendent. Within 14 days after
1339receiving the evaluator's recommendation, the district school
1340superintendent must notify the employee who holds a professional
1341service contract in writing whether the performance deficiencies
1342have been satisfactorily corrected and whether the district
1343school superintendent will recommend that the district school
1344board continue or terminate his or her employment contract. If
1345the employee wishes to contest the district school
1346superintendent's recommendation, the employee must, within 15
1347days after receipt of the district school superintendent's
1348recommendation, submit a written request for a hearing. The
1349hearing shall be conducted at the district school board's
1350election in accordance with one of the following procedures:
1351     (I)  A direct hearing conducted by the district school
1352board within 60 days after receipt of the written appeal. The
1353hearing shall be conducted in accordance with the provisions of
1354ss. 120.569 and 120.57. A majority vote of the membership of the
1355district school board shall be required to sustain the district
1356school superintendent's recommendation. The determination of the
1357district school board shall be final as to the sufficiency or
1358insufficiency of the grounds for termination of employment; or
1359     (II)  A hearing conducted by an administrative law judge
1360assigned by the Division of Administrative Hearings of the
1361Department of Management Services. The hearing shall be
1362conducted within 60 days after receipt of the written appeal in
1363accordance with chapter 120. The recommendation of the
1364administrative law judge shall be made to the district school
1365board. A majority vote of the membership of the district school
1366board shall be required to sustain or change the administrative
1367law judge's recommendation. The determination of the district
1368school board shall be final as to the sufficiency or
1369insufficiency of the grounds for termination of employment.
1370     (4)  The district school superintendent shall notify the
1371department of any instructional personnel who receive two
1372consecutive unsatisfactory evaluations and who have been given
1373written notice by the district that their employment is being
1374terminated or is not being renewed or that the district school
1375board intends to terminate, or not renew, their employment. The
1376department shall conduct an investigation to determine whether
1377action shall be taken against the certificateholder pursuant to
1378s. 1012.795(1)(c).
1379     (5)  The district school superintendent shall develop a
1380mechanism for evaluating the effective use of appraisal
1381assessment criteria and evaluation procedures by administrators
1382who are assigned responsibility for evaluating the performance
1383of instructional personnel. The use of the appraisal assessment
1384and evaluation procedures shall be considered as part of the
1385annual appraisal assessment of the administrator's performance.
1386The system must include a mechanism to give parents and teachers
1387an opportunity to provide input into the administrator's
1388performance assessment, when appropriate.
1389     (6)  Nothing in this section shall be construed to grant a
1390probationary employee a right to continued employment beyond the
1391term of his or her contract.
1392     (7)  The district school board shall establish a procedure
1393annually reviewing instructional personnel appraisal assessment
1394systems to determine compliance with this section. All
1395substantial revisions to an approved system must be reviewed and
1396approved by the district school board before being used to
1397evaluate assess instructional personnel. Upon request by a
1398school district, the department shall provide assistance in
1399developing, improving, or reviewing an appraisal assessment
1401     (8)  The State Board of Education shall adopt rules
1402pursuant to ss. 120.536(1) and 120.54, that establish uniform
1403guidelines for the submission, review, and approval of district
1404procedures for the annual appraisal assessment of instructional
1405personnel and school-based administrative personnel and that
1406include the method of calculating rates of student learning tied
1407to differentiated levels of performance as provided for in
1408paragraph (2)(g) and criteria for evaluating professional
1410     Section 29.  Subsection (3) is added to section 1012.42,
1411Florida Statutes, to read:
1412     1012.42  Teacher teaching out-of-field.-
1413     (3)  CERTIFICATION REQUIREMENTS.-Beginning in the 2010-2011
1414school year, a district school board shall not assign any
1415beginning teacher to teach reading, science, or mathematics if
1416he or she is not certified in reading, science, or mathematics.
1417     Section 30.  Section 1012.52, Florida Statutes, is
1419     Section 31.  Paragraph (c) of subsection (2), subsections
1420(5), (6), and (7), paragraph (b) of subsection (9), and
1421subsection (17) of section 1012.56, Florida Statutes, are
1422amended to read:
1423     1012.56  Educator certification requirements.-
1424     (2)  ELIGIBILITY CRITERIA.-To be eligible to seek
1425certification, a person must:
1426     (c)  Document receipt of a bachelor's or higher degree from
1427an accredited institution of higher learning, or a nonaccredited
1428institution of higher learning that the Department of Education
1429has identified as having a quality program resulting in a
1430bachelor's degree, or higher. Each applicant seeking initial
1431certification must have attained at least a 2.5 overall grade
1432point average on a 4.0 scale in the applicant's major field of
1433study. The applicant may document the required education by
1434submitting official transcripts from institutions of higher
1435education or by authorizing the direct submission of such
1436official transcripts through established electronic network
1437systems. The bachelor's or higher degree may not be required in
1438areas approved in rule by the State Board of Education as
1439nondegreed areas. The State Board of Education may adopt rules
1440that, for purposes of demonstrating completion of certification
1441requirements specified in state board rule, allow for the
1442acceptance of college course credits recommended by the American
1443Council on Education (ACE), as posted on an official ACE
1445     (5)  MASTERY OF SUBJECT AREA KNOWLEDGE.-Acceptable means of
1446demonstrating mastery of subject area knowledge are:
1447     (a)  Achievement of passing scores on subject area
1448examinations required by state board rule, which may include,
1449but need not be limited to, world languages in Arabic, Chinese,
1450Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1451Italian, Japanese, Portuguese, Russian, and Spanish;
1452     (b)  Completion of a bachelor's degree or higher and
1453verification of the attainment of an oral proficiency interview
1454score above the intermediate level and a written proficiency
1455score above the intermediate level on a test administered by the
1456American Council on the Teaching of Foreign Languages for which
1457there is no Florida-developed examination;
1458     (c)  Completion of the subject area specialization
1459requirements specified in state board rule and verification of
1460the attainment of the essential subject matter competencies by
1461the district school superintendent of the employing school
1462district or chief administrative officer of the employing state-
1463supported or private school for a subject area for which a
1464subject area examination has not been developed and required by
1465state board rule;
1466     (d)  Completion of the subject area specialization
1467requirements specified in state board rule for a subject
1468coverage requiring a master's or higher degree and achievement
1469of a passing score on the subject area examination specified in
1470state board rule;
1471     (e)  A valid professional standard teaching certificate
1472issued by another state and achievement of a passing score on
1473the subject area examination specified in State Board of
1474Education rule or by a full demonstration of mastery of his or
1475her ability to teach the subject area for which he or she is
1476seeking certification, as provided by rules of the State Board
1477of Education; or
1478     (f)  A valid certificate issued by the National Board for
1479Professional Teaching Standards or a national educator
1480credentialing board approved by the State Board of Education.
1482School districts are encouraged to provide mechanisms for those
1483middle school teachers holding only a K-6 teaching certificate
1484to obtain a subject area coverage for middle grades through
1485postsecondary coursework or district add-on certification.
1487COMPETENCE.-Acceptable means of demonstrating mastery of
1488professional preparation and education competence are:
1489     (a)  Completion of an approved teacher preparation program
1490at a postsecondary educational institution within this state and
1491achievement of a passing score on the professional education
1492competency examination required by state board rule;
1493     (b)  Completion of a teacher preparation program at a
1494postsecondary educational institution outside Florida and
1495achievement of a passing score on the professional education
1496competency examination required by state board rule;
1497     (c)  A valid professional standard teaching certificate
1498issued by another state;
1499     (d)  A valid certificate issued by the National Board for
1500Professional Teaching Standards or a national educator
1501credentialing board approved by the State Board of Education;
1502     (e)  Documentation of two semesters of successful teaching
1503in a community college, state university, or private college or
1504university that awards an associate or higher degree and is an
1505accredited institution or an institution of higher education
1506identified by the Department of Education as having a quality
1508     (f)  Completion of professional preparation courses as
1509specified in state board rule, successful completion of a
1510professional education competence demonstration program pursuant
1511to paragraph (8)(b), and achievement of a passing score on the
1512professional education competency examination required by state
1513board rule;
1514     (g)  Successful completion of a professional preparation
1515alternative certification and education competency program,
1516outlined in paragraph (8)(a); or
1517     (h)  Successful completion of an alternative certification
1518program pursuant to s. 1004.85 and achievement of a passing
1519score on the professional education competency examination
1520required by rule of the State Board of Education; or.
1521     (i)  Successful completion of a professional education
1522training program provided by Teach for America and achievement
1523of a passing score on the professional education competency
1524examination required by rule of the State Board of Education.
1526     (a)  The Department of Education shall issue a professional
1527certificate for a period not to exceed 5 years to any applicant
1528who meets all the requirements outlined in subsection (2).
1529     (b)  The department shall issue a temporary certificate to
1530any applicant who meets the following requirements:
1531     1.  Completes the requirements outlined in paragraphs
1532(2)(a)-(f); and
1533     2.a.  Completes the subject area content requirements
1534specified in state board rule; or
1535     b.  Demonstrates mastery of subject area knowledge pursuant
1536to subsection (5); and
1537     3.  Holds an accredited degree or a degree approved by the
1538Department of Education at the level required for the subject
1539area specialization in state board rule.
1540     (c)  The department shall issue one nonrenewable 2-year
1541temporary certificate and one nonrenewable 5-year professional
1542certificate to a qualified applicant who holds a bachelor's
1543degree in the area of speech-language impairment to allow for
1544completion of a master's degree program in speech-language
1547Each temporary certificate is valid for 3 school fiscal years
1548and is nonrenewable. However, the requirement in paragraphs
1549paragraph (2)(g) and (h) must be met within 1 calendar year of
1550the date of employment under the temporary certificate.
1551Individuals who are employed under contract at the end of the 1
1552calendar year time period may continue to be employed through
1553the end of the school year in which they have been contracted. A
1554school district shall not employ, or continue the employment of,
1555an individual in a position for which a temporary certificate is
1556required beyond this time period if the individual has not met
1557the requirement of paragraph (2)(g) or paragraph (2)(h). The
1558State Board of Education shall adopt rules to allow the
1559department to extend the validity period of a temporary
1560certificate for 2 years when the requirements for the
1561professional certificate, not including the requirement in
1562paragraph (2)(g) or paragraph (2)(h), were not completed due to
1563the serious illness or injury of the applicant or other
1564extraordinary extenuating circumstances. The department shall
1565reissue the temporary certificate for 2 additional years upon
1566approval by the Commissioner of Education. A written request for
1567reissuance of the certificate shall be submitted by the district
1568school superintendent, the governing authority of a university
1569lab school, the governing authority of a state-supported school,
1570or the governing authority of a private school.
1571     (9)  EXAMINATIONS.-
1572     (b)  The State Board of Education shall, by rule, specify
1573the examination scores that are required for the issuance of a
1574professional certificate and temporary certificate. Such rules
1575must define generic subject area and reading instruction
1576competencies and must establish uniform evaluation guidelines.
1577The State Board of Education shall review the current subject
1578area examinations and, if necessary, revise the passing scores
1579and reading instruction pursuant to s. 1001.215 required for
1580achieving certification in order to match expectations for
1581teacher competency in each subject area.
1583Beginning with the 2003-2004 school year, The Department of
1584Education shall conduct a longitudinal study to compare
1585performance of certificateholders who are employed in Florida
1586school districts. The study shall compare a sampling of
1587educators who have qualified for a professional certificate
1588since July 1, 2002, based on the following:
1589     (a)  Graduation from a state-approved teacher preparation
1591     (b)  Completion of a state-approved professional
1592preparation and education competency program.
1593     (c)  A valid standard teaching certificate issued by a
1594state other than Florida.
1596The department comparisons shall be made to determine if there
1597is any significant difference in the performance of these groups
1598of teachers, as measured by their students' achievement levels
1599and learning gains as measured by s. 1008.22.
1600     Section 32.  Paragraph (b) of subsection (2) and subsection
1601(5) of section 1012.585, Florida Statutes, are amended, and
1602subsection (6) is added to that section, to read:
1603     1012.585  Process for renewal of professional
1605     (2)
1606     (b)  A teacher with national certification from the
1607National Board for Professional Teaching Standards is deemed to
1608meet state renewal requirements for the life of the teacher's
1609national certificate in the subject shown on the national
1610certificate. A complete renewal application and fee shall be
1611submitted. The Commissioner of Education shall notify teachers
1612of the renewal application and fee requirements. This paragraph
1613expires July 1, 2014.
1614     (5)  The State Board of Education shall adopt rules to
1615allow the reinstatement of expired professional certificates.
1616The department may reinstate an expired professional certificate
1617if the certificateholder:
1618     (a)  Submits an application for reinstatement of the
1619expired certificate.
1620     (b)  Documents completion of 6 college credits during the 5
1621years immediately preceding reinstatement of the expired
1622certificate, completion of 120 inservice points, or a
1623combination thereof, in an area specified in paragraph (3)(a).
1624     (c)  Meets the requirements in subsection (6).
1625     (d)(c)  During the 5 years immediately preceding
1626reinstatement of the certificate, achieves a passing score on
1627the subject area test for each subject to be shown on the
1628reinstated certificate.
1630The requirements of this subsection may not be satisfied by
1631subject area tests or college credits completed for issuance of
1632the certificate that has expired.
1633     (6)  Beginning with the 2014-2015 school year, the
1634requirements for the renewal of a professional certificate shall
1635include documentation of effective or highly effective
1636performance as demonstrated under s. 1012.34 for at least 4 of
1637the preceding 5 years before the renewal certification is
1638sought. The State Board of Education shall adopt rules to define
1639the process for documenting effective performance under this
1640subsection, including equivalent options for individuals who
1641have not been evaluated under s. 1012.34. An individual's
1642certificate shall expire if the individual is not able to
1643demonstrate effective performance as required under this
1644subsection and the rules of the state board. The individual may
1645apply to reinstate his or her professional certificate under
1646subsection (5).
1647     Section 33.  Subsection (2) of section 1012.72, Florida
1648Statutes, is amended to read:
1649     1012.72  Dale Hickam Excellent Teaching Program.-
1650     (2)  The Dale Hickam Excellent Teaching Program is created
1651to provide categorical funding for bonuses for teaching
1652excellence. The bonuses may be provided for initial
1653certification for up to one 10-year period for individuals
1654holding NBPTS certification on July 1, 2010, and who remain
1655continuously employed in a public school in this state or the
1656Florida School for the Deaf and the Blind. The Department of
1657Education shall distribute to each school district an amount as
1658prescribed annually by the Legislature for the Dale Hickam
1659Excellent Teaching Program. For purposes of this section, the
1660Florida School for the Deaf and the Blind shall be considered a
1661school district. Unless otherwise provided in the General
1662Appropriations Act, each distribution shall be the sum of the
1663amounts earned for the following:
1664     (a)  An annual bonus equal to 10 percent of the prior
1665fiscal year's statewide average salary for classroom teachers to
1666be distributed to the school district to be paid to each
1667individual who holds NBPTS certification and is employed by the
1668district school board or by a public school within the school
1669district. The district school board shall distribute the annual
1670bonus to each individual who meets the requirements of this
1671paragraph and who is certified annually by the district to have
1672demonstrated satisfactory teaching performance pursuant to s.
16731012.34. The annual bonus may be paid as a single payment or
1674divided into not more than three payments.
1675     (b)  An annual bonus equal to 10 percent of the prior
1676fiscal year's statewide average salary for classroom teachers to
1677be distributed to the school district to be paid to each
1678individual who meets the requirements of paragraph (a) and
1679agrees, in writing, to provide the equivalent of 12 workdays of
1680mentoring and related services to public school teachers within
1681the state who do not hold NBPTS certification. Related services
1682must include instruction in helping teachers work more
1683effectively with the families of their students. The district
1684school board shall distribute the annual bonus in a single
1685payment following the completion of all required mentoring and
1686related services for the year. It is not the intent of the
1687Legislature to remove excellent teachers from their assigned
1688classrooms; therefore, credit may not be granted by a school
1689district or public school for mentoring or related services
1690provided during student contact time during the 196 days of
1691required service for the school year.
1692     (c)  The employer's share of social security and Medicare
1693taxes for those teachers who receive bonus amounts under
1694paragraph (a) or paragraph (b).
1695     Section 34.  Subsection (1) of section 1012.79, Florida
1696Statutes, is amended to read:
1697     1012.79  Education Practices Commission; organization.-
1698     (1)  The Education Practices Commission consists of 25
1699members, including 11 8 teachers; 5 administrators, at least one
1700of whom may shall represent a private school; 5 7 lay citizens,
17013 5 of whom shall be parents of public school students and who
1702are unrelated to public school employees and 2 of whom shall be
1703former district school board members; and 4 5 sworn law
1704enforcement officials, appointed by the State Board of Education
1705from nominations by the Commissioner of Education and subject to
1706Senate confirmation. Prior to making nominations, the
1707commissioner shall consult with teaching associations, parent
1708organizations, law enforcement agencies, and other involved
1709associations in the state. In making nominations, the
1710commissioner shall attempt to achieve equal geographical
1711representation, as closely as possible.
1712     (a)  A teacher member, in order to be qualified for
1714     1.  Must be certified to teach in the state.
1715     2.  Must be a resident of the state.
1716     3.  Must have practiced the profession in this state for at
1717least 10 years, with at least 5 years of experience in this
1718state immediately preceding the appointment.
1719     (b)  A school administrator member, in order to be
1720qualified for appointment:
1721     1.  Must have an endorsement on the educator certificate in
1722the area of school administration or supervision.
1723     2.  Must be a resident of the state.
1724     3.  Must have practiced the profession as an administrator
1725for at least 5 years immediately preceding the appointment.
1726     (c)  The lay members must be residents of the state.
1727     (d)  The law enforcement official members must have served
1728in the profession for at least 5 years immediately preceding
1729appointment and have background expertise in child safety.
1730     Section 35.  Paragraph (h) of subsection (1) of section
17311012.795, Florida Statutes, is amended to read:
1732     1012.795  Education Practices Commission; authority to
1734     (1)  The Education Practices Commission may suspend the
1735educator certificate of any person as defined in s. 1012.01(2)
1736or (3) for up to 5 years, thereby denying that person the right
1737to teach or otherwise be employed by a district school board or
1738public school in any capacity requiring direct contact with
1739students for that period of time, after which the holder may
1740return to teaching as provided in subsection (4); may revoke the
1741educator certificate of any person, thereby denying that person
1742the right to teach or otherwise be employed by a district school
1743board or public school in any capacity requiring direct contact
1744with students for up to 10 years, with reinstatement subject to
1745the provisions of subsection (4); may revoke permanently the
1746educator certificate of any person thereby denying that person
1747the right to teach or otherwise be employed by a district school
1748board or public school in any capacity requiring direct contact
1749with students; may suspend the educator certificate, upon an
1750order of the court or notice by the Department of Revenue
1751relating to the payment of child support; or may impose any
1752other penalty provided by law, if the person:
1753     (h)  Has breached a contract, as provided in s. 1012.33(2)
1754or s. 1012.335.
1755     Section 36.  Review of teacher preparation program
1757     (1)  The Department of Education, in collaboration with the
1758Board of Governors, shall develop a methodology to determine the
1759cost-effectiveness of the teacher preparation programs in ss.
17601004.04, 1004.85, and 1012.56(8), Florida Statutes. The
1761methodology for determining program costs must use existing
1762expenditure data, when available.
1763     (2)  On or before December 1, 2011, the Department of
1764Education shall submit a report to the Governor, the President
1765of the Senate, and the Speaker of the House of Representatives
1767     (a)  Provides a methodology to evaluate the cost-
1768effectiveness of teacher preparation programs based on program
1769costs, program outcomes of student cohorts such as completion
1770rates, placement rates in teaching jobs, retention rates in the
1771classroom, and student achievement and learning gains of
1772students taught by graduates;
1773     (b)  Uses the methodology developed to evaluate the cost-
1774effectiveness of the state's teacher preparation programs; and
1775     (c)  Provides recommendations that would enhance the
1776Legislature's ability to consider the program's productivity
1777when allocating funds.
1778     (3)  The Office of Program Policy Analysis and Government
1779Accountability shall review the current standards for the
1780continued approval of teacher preparation programs and make
1781recommendations to the Legislature on or before January 1, 2012,
1782for any needed changes. Such recommendations shall include
1783proposed changes to the allocation of any state funds to teacher
1784preparation programs and the students enrolled in these
1786     Section 37.  (1)  Any school district that received a grant
1787of at least $75 million from a private foundation for the
1788purpose of improving the effectiveness of teachers within the
1789school district may seek an annual exemption from the State
1790Board of Education of ss. 1008.222 and 1011.626, Florida
1791Statutes, as created by this act, and the amendments to ss.
17921012.22 and 1012.34, Florida Statutes, made by this act.
1793     (2)  To receive approval from the State Board of Education
1794for an exemption under this section, a school district must
1795demonstrate to the State Board of Education that it is
1796implementing the following:
1797     (a)  A teacher appraisal system that uses student
1798performance as the single greatest component of the teacher's
1800     (b)  A teacher compensation system that awards salary
1801increases based on sustained student performance.
1802     (c)  A teacher contract system that awards contracts based
1803on student performance.
1804     (3)  The State Board of Education shall annually renew a
1805school district's exemption if the school district provides a
1806progress report that demonstrates that the school district
1807continues to meet the requirements of subsection (2).
1808     (4)  The State Board of Education shall adopt rules
1809pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1810establish the procedures for applying for an exemption under
1811this section.
1812     Section 38.  If any provision of this act or its
1813application to any person or circumstance is held invalid, the
1814invalidity does not affect other provisions or applications of
1815the act which can be given effect without the invalid provision
1816or application, and to this end the provisions of this act are
1818     Section 39.  The amendment to s. 1012.33, Florida Statutes,
1819made by this act shall apply to contracts newly entered into,
1820extended, or readopted on or after July 1, 2010, and to all
1821contracts on or after July 1, 2013.
1822     Section 40.  Except as otherwise expressly provided in this
1823act, this act shall take effect July 1, 2010.

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