October 21, 2020
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_h7189c1
CS/HB 7189

1
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
77of certain classroom teacher contracts; requiring that the
78Commissioner of Education notify the Governor and
79Legislature of school districts that fail to comply with
80salary schedule, assessment, and contract requirements;
81requiring a specified funding adjustment to be imposed
82against a school district for such failure to comply;
83requiring that the State Board of Education adopt rules;
84amending s. 1011.69, F.S.; deleting a provision that
85exempts academic performance-based charter school
86districts from the Equity in School-Level Funding Act to
87conform to changes made by the act; amending s. 1012.05,
88F.S.; revising the Department of Education's
89responsibilities for teacher recruitment; amending s.
901012.07, F.S.; revising the methodology for determining
91critical teacher shortage areas; deleting cross-references
92to conform to changes made by the act; amending s.
931012.22, F.S.; revising the powers and duties of the
94district school board with respect to school district
95compensation and salary schedules; requiring that certain
96performance criteria be included in the adopted schedules;
97revising the differentiated pay provisions; repealing s.
981012.225, F.S., relating to the Merit Award Program for
99Instructional Personnel and School-Based Administrators;
100repealing s. 1012.2251, F.S., relating to the end-of-
101course examinations for the Merit Award Program; amending
102s. 1012.33, F.S.; revising provisions relating to
103contracts with certain educational personnel; requiring a
104district school board's decision to retain personnel who
105have continuing contracts or professional service
106contracts to be primarily based on the employee's
107performance; deleting requirements that school board
108decisions for workforce reductions be based on collective
109bargaining agreements; deleting requirements for district
110school board rules for workforce reduction; creating s.
1111012.335, F.S.; providing definitions; providing
112employment criteria for newly hired classroom teachers;
113providing grounds for termination; requiring that the
114State Board of Education adopt rules defining the term
115"just cause"; providing guidelines for such term; amending
116s. 1012.34, F.S.; revising provisions related to the
117appraisal of instructional personnel and school-based
118administrators; requiring that the Department of Education
119approve school district appraisal instruments; requiring
120the Department of Education to collect appraisal
121information from school districts and to report such
122information to the Governor and the Legislature; providing
123requirements for appraisal systems; authorizing an
124employee to request that a district school superintendent
125review an unsatisfactory performance appraisal; conforming
126provisions to changes made by the act; amending s.
1271012.42, F.S.; prohibiting a district school board from
128assigning a new teacher to teach reading, science, or
129mathematics if he or she is not certified in those subject
130areas; repealing s. 1012.52, F.S., relating to legislative
131intent for teacher quality; amending s. 1012.56, F.S.;
132revising the certification requirements for persons
133holding a valid professional standard teaching certificate
134issued by another state; providing additional means of
135demonstrating mastery of professional preparation and
136education competence; requiring that the State Board of
137Education review the current subject area examinations and
138increase the scores necessary for achieving certification;
139authorizing the State Board of Education to adopt rules to
140allow certain college credit to be used to meet
141certification requirements; amending s. 1012.585, F.S.;
142providing for future expiration of provisions governing
143certification of teachers who hold national certification;
144revising the renewal requirements for a professional
145certificate; providing additional requirements that must
146be met in order to renew the certificate; requiring that
147the State Board of Education adopt rules for the renewal
148of a certificate held by a certificateholder who has not
149been evaluated under s. 1012.34, F.S.; amending s.
1501012.72, F.S.; limiting bonuses under the Dale Hickam
151Excellent Teaching Program to individuals who remain
152continuously employed in a public school in this state or
153the Florida School for the Deaf and the Blind; amending s.
1541012.79, F.S.; revising the composition of the Education
155Practices Commission; conforming provisions to changes
156made by the act; amending s. 1012.795, F.S.; conforming
157provisions to changes made by the act; requiring that the
158Department of Education submit a report on the cost-
159effectiveness of teacher preparation programs to the
160Governor and the Legislature by a specified date;
161specifying the report requirements; requiring that the
162Office of Program Policy Analysis and Government
163Accountability submit recommendations to the Legislature
164relating to changes in the criteria for the continued
165approval of teacher preparation programs; authorizing
166school districts to seek an exemption from the State Board
167of Education from the requirement of certain laws;
168authorizing the State Board of Education to adopt rules;
169providing for severability; providing for application of a
170specified provision of the act; providing effective dates.
171
172Be It Enacted by the Legislature of the State of Florida:
173
174     Section 1.  Paragraph (t) is added to subsection (2) of
175section 39.202, Florida Statutes, to read:
176     39.202  Confidentiality of reports and records in cases of
177child abuse or neglect.-
178     (2)  Except as provided in subsection (4), access to such
179records, excluding the name of the reporter which shall be
180released only as provided in subsection (5), shall be granted
181only to the following persons, officials, and agencies:
182     (t)  Employees or agents of the Department of Education who
183are responsible for the investigation or prosecution of
184misconduct by certified educators.
185     Section 2.  Paragraph (c) of subsection (2) of section
186447.403, Florida Statutes, is amended to read:
187     447.403  Resolution of impasses.-
188     (2)
189     (c)  If the district school board is the public employer
190and an impasse is declared under subsection (1) involving a
191dispute of a Merit Award Program plan under s. 1012.225, the
192dispute is subject to an expedited impasse hearing.
193Notwithstanding subsections (3), (4), and (5), and the rules
194adopted by the commission, the following procedures shall apply:
195     1.a.  The commission shall furnish the names of seven
196special magistrates within 5 days after receiving notice of
197impasse. If the parties are unable to agree upon a special
198magistrate within 5 days after the date of the letter
199transmitting the list of choices, the commission shall
200immediately appoint a special magistrate. The special magistrate
201shall set the hearing, which shall be held no later than 15 days
202after the date of appointment of the special magistrate. Within
2035 days after the date of appointment of a special magistrate,
204each party shall serve upon the special magistrate and upon each
205other party a written list of issues at impasse.
206     b.  At the close of the hearing, the parties shall
207summarize their arguments and may provide a written memorandum
208in support of their positions.
209     c.  Within 10 days after the close of the hearing, the
210special magistrate shall transmit a recommended decision to the
211commission and the parties.
212     d.  The recommended decision of the special magistrate
213shall be deemed accepted by the parties, except as to those
214recommendations that a party specifically rejects, by filing a
215written notice with the commission and serving a copy on the
216other party within 5 days after the date of the recommended
217decision.
218     2.  If a party rejects any part of the recommended decision
219of the special magistrate, the parties shall proceed directly to
220resolution of the impasse by the district school board pursuant
221to paragraph (4)(d).
222     Section 3.  Paragraph (c) is added to subsection (16) of
223section 1002.33, Florida Statutes, paragraph (a) of subsection
224(20) of that section is amended, present subsection (26) of that
225section is redesignated as subsection (27), and a new subsection
226(26) is added to that section, to read:
227     1002.33  Charter schools.-
228     (16)  EXEMPTION FROM STATUTES.-
229     (c)  A charter school shall also comply with the following:
230     1.  A charter school may not award a professional service
231contract or similar contract to a classroom teacher hired on or
232after July 1, 2010.
233     2.  Beginning with the 2014-2015 school year and
234thereafter, a charter school must adopt a salary schedule for
235instructional personnel and school-based administrators which
236compensates instructional personnel and school-based
237administrators based on their performance. Salary adjustments
238for instructional personnel and school-based administrators must
239be based only on performance demonstrated under s. 1012.34. A
240charter school may not use length of service or degrees held by
241instructional personnel or school-based administrators as a
242factor in setting the salary schedule.
243     3.  A charter school must meet the following requirements:
244     a.  Administer assessments that comply with s. 1008.222.
245However, a charter school may use its own assessments if the
246assessments comply with s. 1008.222;
247     b.  Maintain the security and integrity of end-of-course
248assessments developed or acquired pursuant to s. 1008.222; and
249     c.  Adopt a performance appraisal system that complies with
250s. 1012.34.
251     (20)  SERVICES.-
252     (a)  A sponsor shall provide certain administrative and
253educational services to charter schools. These services shall
254include contract management services; full-time equivalent and
255data reporting services; exceptional student education
256administration services; services related to eligibility and
257reporting duties required to ensure that school lunch services
258under the federal lunch program, consistent with the needs of
259the charter school, are provided by the school district at the
260request of the charter school, that any funds due to the charter
261school under the federal lunch program be paid to the charter
262school as soon as the charter school begins serving food under
263the federal lunch program, and that the charter school is paid
264at the same time and in the same manner under the federal lunch
265program as other public schools serviced by the sponsor or the
266school district; test administration services, including payment
267of the costs of state-required or district-required student
268assessments; processing of teacher certificate data services;
269and information services, including equal access to student
270information systems that are used by public schools in the
271district in which the charter school is located. Student
272performance data for each student in a charter school,
273including, but not limited to, FCAT scores, standardized test
274scores, previous public school student report cards, and student
275performance measures, shall be provided by the sponsor to a
276charter school in the same manner provided to other public
277schools in the district. A total administrative fee for the
278provision of such services shall be calculated based upon up to
2795 percent of the available funds defined in paragraph (17)(b)
280for all students. However, a sponsor may only withhold up to a
2815-percent administrative fee for enrollment for up to and
282including 500 students. For charter schools with a population of
283501 or more students, the difference between the total
284administrative fee calculation and the amount of the
285administrative fee withheld may only be used for capital outlay
286purposes specified in s. 1013.62(2). Each charter school shall
287receive 100 percent of the funds awarded to that school pursuant
288to s. 1012.225. Sponsors shall not charge charter schools any
289additional fees or surcharges for administrative and educational
290services in addition to the maximum 5-percent administrative fee
291withheld pursuant to this paragraph.
292     (26)  FUNDING AND COMPLIANCE.-
293     (a)  Effective with the beginning of the 2011-2012 year,
294and each year thereafter, the Commissioner of Education shall
295calculate and distribute funds from the Performance Fund for
296Instructional Personnel and School-Based Administrators in s.
2971011.626 to charter schools in the same manner as for school
298districts. Charter schools must meet the requirements in s.
2991011.626(5).
300     (b)  By September 15 of each year, each charter school
301governing board shall certify to the Commissioner of Education
302that its school meets the requirements in paragraph (16)(c). The
303commissioner shall verify compliance with paragraph (16)(c) by
304selecting a sample of charter schools each year to provide
305information to determine compliance. On or before October 1 of
306each year, a selected charter school must submit the requested
307information to the commissioner. On or before December 15 of
308each year, the commissioner shall complete a review of each
309selected charter school for that school year, determine
310compliance with paragraph (16)(c), and notify each charter
311school governing board and sponsor if the charter school is not
312in compliance with paragraph (16)(c). The commissioner shall
313certify the charter schools that do not comply with paragraph
314(16)(c) to the Governor, the President of the Senate, and the
315Speaker of the House of Representative on or before February 15
316of each year. Each certified charter school shall receive a
317funding adjustment of state funds equivalent to 5 percent of the
318total Florida Education Finance Program funds provided in the
319General Appropriations Act for the charter school. Such funding
320adjustment shall be implemented through the withholding of funds
321to which the charter school is entitled.
322     Section 4.  Subsection (10) of section 1003.52, Florida
323Statutes, is amended to read:
324     1003.52  Educational services in Department of Juvenile
325Justice programs.-
326     (10)  The district school board shall recruit and train
327teachers who are interested, qualified, or experienced in
328educating students in juvenile justice programs. Students in
329juvenile justice programs shall be provided a wide range of
330educational programs and opportunities including textbooks,
331technology, instructional support, and other resources available
332to students in public schools. Teachers assigned to educational
333programs in juvenile justice settings in which the district
334school board operates the educational program shall be selected
335by the district school board in consultation with the director
336of the juvenile justice facility. Educational programs in
337juvenile justice facilities shall have access to the substitute
338teacher pool utilized by the district school board. Full-time
339teachers working in juvenile justice schools, whether employed
340by a district school board or a provider, shall be eligible for
341the critical teacher shortage tuition reimbursement program as
342defined by s. 1009.58 and other teacher recruitment and
343retention programs.
344     Section 5.  Section 1003.62, Florida Statutes, is repealed.
345     Section 6.  Paragraph (h) of subsection (2) of section
3461003.621, Florida Statutes, is amended to read:
347     1003.621  Academically high-performing school districts.-It
348is the intent of the Legislature to recognize and reward school
349districts that demonstrate the ability to consistently maintain
350or improve their high-performing status. The purpose of this
351section is to provide high-performing school districts with
352flexibility in meeting the specific requirements in statute and
353rules of the State Board of Education.
354     (2)  COMPLIANCE WITH STATUTES AND RULES.-Each academically
355high-performing school district shall comply with all of the
356provisions in chapters 1000-1013, and rules of the State Board
357of Education which implement these provisions, pertaining to the
358following:
359     (h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
360differentiated pay and performance-pay policies for school
361administrators and instructional personnel, and s. 1012.34,
362relating to appraisal procedures and criteria. Professional
363service contracts are subject to the provisions of s. ss.
3641012.33 and 1012.34. Contracts with classroom teachers hired
365or after July 1, 2010, are subject to s. 1012.335.
366     Section 7.  Section 1003.63, Florida Statutes, is repealed.
367     Section 8.  Paragraph (b) of subsection (4) and subsections
368(5) and (6) of section 1004.04, Florida Statutes, are amended to
369read:
370     1004.04  Public accountability and state approval for
371teacher preparation programs.-
372     (4)  INITIAL STATE PROGRAM APPROVAL.-
373     (b)  Each teacher preparation program approved by the
374Department of Education, as provided for by this section, shall
375require students to meet the following as prerequisites for
376admission into the program:
377     1.  Have a grade point average of at least 2.5 on a 4.0
378scale for the general education component of undergraduate
379studies or have completed the requirements for a baccalaureate
380degree with a minimum grade point average of 2.5 on a 4.0 scale
381from any college or university accredited by a regional
382accrediting association as defined by State Board of Education
383rule or any college or university otherwise approved pursuant to
384State Board of Education rule.
385     2.  Demonstrate mastery of general knowledge, including the
386ability to read, write, and compute, by passing the General
387Knowledge Test of the Florida Teacher Certification Examination,
388the College Level Academic Skills Test, a corresponding
389component of the National Teachers Examination series, or a
390similar test pursuant to rules of the State Board of Education.
391
392Each teacher preparation program may waive these admissions
393requirements for up to 10 percent of the students admitted.
394Programs shall implement strategies to ensure that students
395admitted under a waiver receive assistance to demonstrate
396competencies to successfully meet requirements for
397certification.
398     (5)  CONTINUED PROGRAM APPROVAL.-Notwithstanding subsection
399(4), failure by a public or nonpublic teacher preparation
400program to meet the criteria for continued program approval
401shall result in loss of program approval. The Department of
402Education, in collaboration with the departments and colleges of
403education, shall develop procedures for continued program
404approval that document the continuous improvement of program
405processes and graduates' performance.
406     (a)  Continued approval of specific teacher preparation
407programs at each public and nonpublic postsecondary educational
408institution within the state is contingent upon a determination
409by the Department of Education of student learning gains, as
410measured by state assessments required under s. 1008.22.
411     (b)(a)  Continued approval of specific teacher preparation
412programs at each public and nonpublic postsecondary educational
413institution within the state is contingent upon the passing of
414the written examination required by s. 1012.56 by at least 90
415percent of the graduates of the program who take the
416examination. The Department of Education shall annually provide
417an analysis of the performance of the graduates of such
418institution with respect to the competencies assessed by the
419examination required by s. 1012.56.
420     (c)(b)  Additional criteria for continued program approval
421for public institutions may be approved by the State Board of
422Education. Such criteria must emphasize instruction in classroom
423management and must provide for the evaluation of the teacher
424candidates' performance in this area. The criteria shall also
425require instruction in working with underachieving students.
426Program evaluation procedures must include, but are not limited
427to, program graduates' satisfaction with instruction and the
428program's responsiveness to local school districts. Additional
429criteria for continued program approval for nonpublic
430institutions shall be developed in the same manner as for public
431institutions; however, such criteria must be based upon
432significant, objective, and quantifiable graduate performance
433measures. Responsibility for collecting data on outcome measures
434through survey instruments and other appropriate means shall be
435shared by the postsecondary educational institutions and the
436Department of Education. By January 1 of each year, the
437Department of Education shall report this information for each
438postsecondary educational institution that has state-approved
439programs of teacher education to the Governor, the State Board
440of Education, the Board of Governors, the Commissioner of
441Education, the President of the Senate, the Speaker of the House
442of Representatives, all Florida postsecondary teacher
443preparation programs, and interested members of the public. This
444report must analyze the data and make recommendations for
445improving teacher preparation programs in the state.
446     (d)(c)  Continued approval for a teacher preparation
447program is contingent upon the results of periodic reviews, on a
448schedule established by the State Board of Education, of the
449program conducted by the postsecondary educational institution,
450using procedures and criteria outlined in an institutional
451program evaluation plan approved by the Department of Education,
452which must include the program's review of and response to the
453effect of its candidates and graduates on K-12 student learning.
454This plan must also incorporate and respond to the criteria
455established in paragraphs (a) and (b) and (c) and include
456provisions for involving primary stakeholders, such as program
457graduates, district school personnel, classroom teachers,
458principals, community agencies, and business representatives in
459the evaluation process. Upon request by an institution, the
460department shall provide assistance in developing, enhancing, or
461reviewing the institutional program evaluation plan and training
462evaluation team members.
463     (e)(d)  Continued approval for a teacher preparation
464program is contingent upon standards being in place that are
465designed to adequately prepare elementary, middle, and high
466school teachers to instruct their students in reading and
467higher-level mathematics concepts and in the use of technology
468at the appropriate grade level.
469     (f)(e)  Continued approval of teacher preparation programs
470is contingent upon compliance with the student admission
471requirements of subsection (4) and upon the receipt of at least
472a satisfactory rating from public schools and private schools
473that employ graduates of the program. Each teacher preparation
474program shall guarantee the high quality of its graduates during
475the first 2 years immediately following graduation from the
476program or following the graduate's initial certification,
477whichever occurs first. Any educator in a Florida school who
478fails to demonstrate student learning gains the essential skills
479as specified in paragraph (a) subparagraphs 1.-5. shall be
480provided additional training by the teacher preparation program
481at no expense to the educator or the employer. Such training
482must consist of an individualized plan agreed upon by the school
483district and the postsecondary educational institution that
484includes specific learning outcomes. The postsecondary
485educational institution assumes no responsibility for the
486educator's employment contract with the employer. Employer
487satisfaction shall be determined by an annually administered
488survey instrument approved by the Department of Education that,
489at a minimum, must include employer satisfaction of the
490graduates' ability to do the following:
491     1.  Write and speak in a logical and understandable style
492with appropriate grammar.
493     2.  Recognize signs of students' difficulty with the
494reading and computational process and apply appropriate measures
495to improve students' reading and computational performance.
496     3.  Use and integrate appropriate technology in teaching
497and learning processes.
498     4.  Demonstrate knowledge and understanding of Sunshine
499State Standards.
500     5.  Maintain an orderly and disciplined classroom conducive
501to student learning.
502     (g)(f)1.  Each Florida public and private institution that
503offers a state-approved teacher preparation program must
504annually report information regarding these programs to the
505state and the general public. This information shall be reported
506in a uniform and comprehensible manner that is consistent with
507definitions and methods approved by the Commissioner of the
508National Center for Educational Statistics and that is approved
509by the State Board of Education. This information must include,
510at a minimum:
511     a.  The percent of graduates obtaining full-time teaching
512employment within the first year of graduation.
513     b.  The average length of stay of graduates in their full-
514time teaching positions.
515     c.  The percentage of graduates whose students achieved
516learning gains, as specified in paragraph (a). For purposes of
517this paragraph, the information shall include the percentage of
518the students taught per graduate who achieved learning gains.
519Satisfaction ratings required in paragraph (e).
520     2.  Each public and private institution offering training
521for school readiness related professions, including training in
522the fields of child care and early childhood education, whether
523offering career credit, associate in applied science degree
524programs, associate in science degree programs, or associate in
525arts degree programs, shall annually report information
526regarding these programs to the state and the general public in
527a uniform and comprehensible manner that conforms with
528definitions and methods approved by the State Board of
529Education. This information must include, at a minimum:
530     a.  Average length of stay of graduates in their teaching
531positions.
532     b.  The percent of graduates obtaining full-time teaching
533employment within the first year of graduation. Satisfaction
534ratings of graduates' employers.
535
536This information shall be reported through publications,
537including college and university catalogs and promotional
538materials sent to potential applicants, secondary school
539guidance counselors, and prospective employers of the
540institution's program graduates.
541     (6)  PRESERVICE FIELD EXPERIENCE.-All postsecondary
542instructors, school district personnel and instructional
543personnel, and school sites preparing instructional personnel
544through preservice field experience courses and internships
545shall meet special requirements. District school boards are
546authorized to pay student teachers during their internships.
547     (a)  All instructors in postsecondary teacher preparation
548programs who instruct or supervise preservice field experiences,
549preservice experience courses, or internships shall have at
550least one of the following: specialized training in clinical
551supervision; a valid professional teaching certificate issued
552under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
553of successful teaching experience in prekindergarten through
554grade 12.
555     (b)  All school district personnel and instructional
556personnel who supervise or direct teacher preparation students
557during field experience courses or internships must have
558evidence of "clinical educator" training and must successfully
559demonstrate effective classroom management strategies that
560consistently result in improved student performance. The State
561Board of Education shall approve the training requirements.
562     (c)  Preservice field experience programs must provide for
563continuous student participation in K-12 classroom settings with
564supervised instruction of K-12 students. All preservice field
565experience programs must provide specific guidance and
566demonstration of effective classroom management strategies,
567strategies for incorporating technology into classroom
568instruction, strategies for incorporating scientifically
569researched, knowledge-based reading literacy and computational
570skills acquisition into classroom instruction, and ways to link
571instructional plans to the Sunshine State Standards, as
572appropriate. The length of structured field experiences may be
573extended to ensure that candidates achieve the competencies
574needed to meet certification requirements.
575     (d)  Postsecondary teacher preparation programs, in
576consultation cooperation with district school boards and
577approved private school associations, shall select the school
578sites for preservice field experience activities based on the
579instructional skills of the instructor or supervisor with whom
580the teaching candidate is placed, as demonstrated by the
581instructor's or supervisor's sustained student learning gains as
582specified in paragraph (5)(a). These sites must represent the
583full spectrum of school communities, including, but not limited
584to, schools located in urban settings. In order to be selected,
585school sites must demonstrate commitment to the education of
586public school students and to the preparation of future
587teachers.
588     Section 9.  Subsections (11) and (12) of section 1004.04,
589Florida Statutes, are repealed.
590     Section 10.  Paragraph (b) of subsection (3) and
591subsections (4) and (5) of section 1004.85, Florida Statutes,
592are amended to read:
593     1004.85  Postsecondary educator preparation institutes.-
594     (3)  Educator preparation institutes approved pursuant to
595this section may offer alternative certification programs
596specifically designed for noneducation major baccalaureate
597degree holders to enable program participants to meet the
598educator certification requirements of s. 1012.56. Such programs
599shall be competency-based educator certification preparation
600programs that prepare educators through an alternative route. An
601educator preparation institute choosing to offer an alternative
602certification program pursuant to the provisions of this section
603must implement a program previously approved by the Department
604of Education for this purpose or a program developed by the
605institute and approved by the department for this purpose.
606Approved programs shall be available for use by other approved
607educator preparation institutes.
608     (b)  Each program participant must:
609     1.  Meet certification requirements pursuant to s.
6101012.56(1) and (2) by obtaining a statement of status of
611eligibility prior to admission into the program which indicates
612eligibility for a temporary certificate in a teaching subject
613and meet the requirements of s. 1012.56(2)(a)-(f).
614     2.  Participate in field experience that is appropriate to
615his or her educational plan.
616     3.  Demonstrate mastery of general knowledge by one of the
617options provided in s. 1012.56(3) prior to completion of the
618program.
619     4.3.  Fully demonstrate his or her ability to teach the
620subject area for which he or she is seeking certification
621through field experiences and by achievement of a passing score
622on the corresponding subject area test prior to completion of
623the program and demonstrate mastery of professional preparation
624and education competence by achievement of a passing score on
625the professional education competency examination required by
626state board rule prior to completion of the program.
627     (4)  Each alternative certification program institute
628approved pursuant to this section shall submit to the Department
629of Education annual performance evaluations that measure the
630effectiveness of the programs, including the pass rates of
631participants on all examinations required for teacher
632certification, employment rates, longitudinal retention rates,
633and a review of the impact that participants who have completed
634the program have on K-12 student learning and employer
635satisfaction surveys. The employer satisfaction surveys must be
636designed to measure the sufficient preparation of the educator
637to enter the classroom. These evaluations and evidence of
638student learning gains, as measured by state assessments
639required under s. 1008.22, shall be used by the Department of
640Education for purposes of continued approval of an educator
641preparation institute's alternative certification program.
642     (5)  Instructors for an alternative certification program
643approved pursuant to this section must meet the requirements of
644s. 1004.04(6) possess a master's degree in education or a
645master's degree in an appropriate related field and document
646teaching experience.
647     Section 11.  Section 1008.222, Florida Statutes, is created
648to read:
649     1008.222  Development and implementation of end-of-course
650assessments of certain subject areas and grade levels.-
651     (1)  Each school district must develop or acquire a valid
652and reliable end-of-course assessment for each subject area and
653grade level not measured by state assessments required under s.
6541008.22 or by examinations in AP, IB, AICE, or a national
655industry certification identified in the Industry Certification
656Funding List pursuant to rules adopted by the State Board of
657Education. The content, knowledge, and skills assessed by end-
658of-course assessments for each school district must be aligned
659to the core curricular content established in the Sunshine State
660Standards.
661     (2)(a)  Beginning with the 2013-2014 school year, each
662school district must require that each school in the district
663administer the district's standard assessment for each subject
664area or grade level, as described in subsection (1).
665     (b)  Each district school superintendent must ensure that
666teachers who provide instruction in the same subject or grade
667level administer the same end-of-course assessment, as described
668in subsection (1). Each school district must adopt policies to
669ensure standardized administration and security of the
670assessments.
671     (c)  Each district school superintendent is responsible for
672implementing standardized assessment security and
673administration, the reporting of assessment results, and using
674assessment results to comply with provisions of ss.
6751012.22(1)(c) and 1012.34. The district school superintendent
676shall certify to the Commissioner of Education that the security
677of a standardized assessment required under this section is
678maintained. If a district school superintendent's certification
679is determined to be invalid through an audit by the Auditor
680General or an investigation by the Department of Education, the
681superintendent is subject to suspension and removal on the
682grounds of misfeasance pursuant to s. 7, Art. IV of the State
683Constitution.
684     (d)  The Commissioner of Education shall identify methods
685to assist and support districts in the development and
686acquisition of assessments required under this section. Methods
687may include the development of item banks, facilitation of the
688sharing of developed tests among districts, and technical
689assistance in best professional practices of test development
690based on state-adopted curriculum standards, administration, and
691security.
692     Section 12.  Paragraph (a) of subsection (1) of section
6931009.40, Florida Statutes, is amended to read:
694     1009.40  General requirements for student eligibility for
695state financial aid awards and tuition assistance grants.-
696     (1)(a)  The general requirements for eligibility of
697students for state financial aid awards and tuition assistance
698grants consist of the following:
699     1.  Achievement of the academic requirements of and
700acceptance at a state university or community college; a nursing
701diploma school approved by the Florida Board of Nursing; a
702Florida college, university, or community college which is
703accredited by an accrediting agency recognized by the State
704Board of Education; any Florida institution the credits of which
705are acceptable for transfer to state universities; any career
706center; or any private career institution accredited by an
707accrediting agency recognized by the State Board of Education.
708     2.  Residency in this state for no less than 1 year
709preceding the award of aid or a tuition assistance grant for a
710program established pursuant to s. 1009.50, s. 1009.505, s.
7111009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
7121009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
7131009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
714Residency in this state must be for purposes other than to
715obtain an education. Resident status for purposes of receiving
716state financial aid awards shall be determined in the same
717manner as resident status for tuition purposes pursuant to s.
7181009.21.
719     3.  Submission of certification attesting to the accuracy,
720completeness, and correctness of information provided to
721demonstrate a student's eligibility to receive state financial
722aid awards or tuition assistance grants. Falsification of such
723information shall result in the denial of any pending
724application and revocation of any award or grant currently held
725to the extent that no further payments shall be made.
726Additionally, students who knowingly make false statements in
727order to receive state financial aid awards or tuition
728assistance grants commit a misdemeanor of the second degree
729subject to the provisions of s. 837.06 and shall be required to
730return all state financial aid awards or tuition assistance
731grants wrongfully obtained.
732     Section 13.  Section 1009.54, Florida Statutes, is
733repealed.
734     Section 14.  Section 1009.57, Florida Statutes, is
735repealed.
736     Section 15.  Section 1009.58, Florida Statutes, is
737repealed.
738     Section 16.  Section 1009.59, Florida Statutes, is
739repealed.
740     Section 17.  Paragraph (c) of subsection (2) of section
7411009.94, Florida Statutes, is amended to read:
742     1009.94  Student financial assistance database.-
743     (2)  For purposes of this section, financial assistance
744includes:
745     (c)  Any financial assistance provided under s. 1009.50, s.
7461009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
7471009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
7481009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
7491009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
750     Section 18.  Section 1011.626, Florida Statutes, is created
751to read:
752     1011.626  Performance Fund for Instructional Personnel and
753School-Based Administrators.-
754     (1) LEGISLATIVE INTENT.-It is the intent of the Legislature
755to ensure that every student has a high-quality teacher in his
756or her classroom. The Legislature intends, therefore, to hold
757school districts accountable for demonstrably increasing student
758achievement.
759     (2)  FINDINGS.-The Legislature finds that:
760     (a)  Quality classroom teachers and school-based
761administrators are the single greatest indicators of student
762achievement.
763     (b)  A school district that fails to reward quality
764classroom teachers or school-based administrators on the
765performance of their students, and instead rewards these
766individuals, in whole or in part, based on the number of years
767worked or degrees held, has violated s. 1012.22(1)(c). A school
768district's failure to comply with s. 1012.22(1)(c) fails to
769maximize student learning by not providing the appropriate
770incentives to attract and retain quality classroom teachers and
771school-based administrators. As a result, students are penalized
772for the acts or omissions of district school boards or district
773school superintendents.
774     (c)  A school district that fails to adopt and implement
775end-of-course assessments that comply with s. 1008.222
776frustrates the purpose of ensuring that each student has a high-
777quality teacher in his or her classroom by preventing the
778determination of the quality of a classroom teacher's or school-
779based administrator's performance.
780     (d)  A school district that fails to comply with s.
7811012.335 frustrates the purpose of ensuring that each student
782has a high-quality teacher in his or her classroom by preventing
783the school district from promptly removing a poor-performing
784classroom teacher from the classroom and employment.
785     (3)  PERFORMANCE FUND.-Effective with the beginning of the
7862011-2012 year and each year thereafter, the Performance Fund
787for Instructional Personnel and School-Based Administrators is
788established.
789     (4)  CALCULATION OF THE FUND.-The Commissioner of Education
790shall calculate for the second calculation for each district and
791charter school an amount of state funds equivalent to 5 percent
792of the total state, local, and federal funding determined by the
793Florida Education Finance Program under ss. 1011.62, 1011.685,
794and 1011.71(1) and (3). Such funds shall be designated as each
795district's and charter school's annual Performance Fund for
796Instructional Personnel and School-Based Administrators.
797     (5)  DISTRIBUTION OF THE FUND.-
798     (a)  The commissioner shall distribute these funds in
799accordance with the provisions of s. 1011.62(12) to a district
800for the implementation of a salary schedule adopted by the
801district school board pursuant to s. 1012.22, implementation of
802a performance appraisal system pursuant to s. 1012.34, and the
803development of end-of-course assessments pursuant to s.
8041008.222. The funds may not be used to increase the base
805salaries or salary adjustments of employees rated as
806unsatisfactory or needs improvement pursuant to s. 1012.34.
807     (b)  If funds remain in a district's Performance Fund for
808Instructional Personnel and School-Based Administrators after
809the end-of-course assessments in s. 1008.222, performance
810appraisal system requirements in s. 1012.34, and salary schedule
811requirements in s. 1012.22 have been met, the balance may be
812used by the district for the same purpose as funds provided
813pursuant to s. 1011.62(1)(t). Any funds remaining in a
814district's fund at the end of the state fiscal year shall revert
815to the fund from which they were appropriated.
816     (c)  A salary increase awarded from these funds shall be
817awarded in addition to any general increase or other adjustments
818to salaries which are made by a school district. An employee's
819eligibility for or receipt of a salary increase shall not
820adversely affect that employee's opportunity to qualify for or
821to receive any other compensation that is made generally
822available to other similarly situated district school board
823employees.
824     (d)  Each district shall annually set aside sufficient
825federal grant funds to ensure that the policies described in
826this section are equally applied to eligible individuals paid
827from federal grants.
828     (6)  REVIEW.-
829     (a)  Beginning with the 2014-2015 fiscal year and each
830fiscal year thereafter, each district school board must submit
831the district-adopted salary schedule for the school year and
832supporting documentation to the commissioner for review on or
833before October 1 of each year. On or before December 15 of each
834year, the commissioner shall complete a review of each salary
835schedule submitted for that school year, determine compliance
836with s. 1012.22(1)(c), and notify a district school board if the
837district salary schedule fails to meet the requirements in s.
8381012.22(1)(c). The commissioner shall certify those school
839districts that do not comply with s. 1012.22(1)(c) to the
840Governor, the President of the Senate, and the Speaker of the
841House of Representatives on or before February 15 of each year.
842     (b)  Beginning with the 2013-2014 fiscal year and
843thereafter, the commissioner shall select a sampling of school
844district end-of-course assessments from multiple districts, and
845school districts must submit for review the requested
846assessments and supporting documentation on or before October 1
847of each year. A school district that fails to provide the
848requested assessment to the commissioner on or before October 1
849of each year is in violation of s. 1008.222. On or before
850December 15 of each year, the commissioner shall complete a
851review of each selected assessment, determine compliance with s.
8521008.222, and notify a district school board if the selected
853assessment fails to meet the requirements in s. 1008.222. The
854commissioner shall certify those school districts that do not
855comply with s. 1008.222 to the Governor, the President of the
856Senate, and the Speaker of the House of Representatives on or
857before February 15 of each year.
858     (c)  In the financial audit of each school district,
859performed by either the Auditor General or an independent
860certified public accountant in accordance with s. 218.39, the
861auditor shall review a sample of classroom teacher contracts and
862determine compliance with s. 1012.335. The sample shall be
863selected in accordance with guidelines established by the
864American Institute of Certified Public Accountants. The auditor
865shall document violations of s. 1012.335 and provide the
866documentation to the Commissioner of Education on or before
867October 1 of each year following the audit. On or before
868December 15 of each year, the commissioner shall notify the
869Governor, the President of the Senate, the Speaker of the House
870of Representatives, and each school district identified in the
871audit that has not complied with s. 1012.335.
872     (7)  FUNDING ADJUSTMENT.-A school district that is
873certified by the commissioner as not in compliance with the law
874as described in paragraph (6)(a), paragraph (6)(b), or paragraph
875(6)(c) shall receive a funding adjustment equal to the amount
876calculated in subsection (4). Such funding adjustment shall be
877implemented through the withholding of undistributed funds to
878which the district is otherwise entitled. To the extent a
879district's undistributed funds are insufficient to fully satisfy
880the funding adjustment, the unsatisfied balance shall be
881withheld from the district's operating funds for the subsequent
882fiscal year in the form of a prior year adjustment.
883     (8)  RULEMAKING.-The State Board of Education shall adopt
884rules pursuant to ss. 120.536(1) and 120.54 to implement this
885section. Such rules shall include the documentation requirements
886for districts, processes and criteria used for determining
887whether the salary schedule, performance appraisal system, and
888end-of-course assessments comply with this section, and the
889reporting and monitoring processes that will be used to ensure
890compliance with the use of funds distributed under paragraph
891(5)(a).
892     Section 19.  Subsection (2) of section 1011.69, Florida
893Statutes, is amended to read:
894     1011.69  Equity in School-Level Funding Act.-
895     (2)  Beginning in the 2003-2004 fiscal year, district
896school boards shall allocate to schools within the district an
897average of 90 percent of the funds generated by all schools and
898guarantee that each school receives at least 80 percent of the
899funds generated by that school based upon the Florida Education
900Finance Program as provided in s. 1011.62 and the General
901Appropriations Act, including gross state and local funds,
902discretionary lottery funds, and funds from the school
903district's current operating discretionary millage levy. Total
904funding for each school shall be recalculated during the year to
905reflect the revised calculations under the Florida Education
906Finance Program by the state and the actual weighted full-time
907equivalent students reported by the school during the full-time
908equivalent student survey periods designated by the Commissioner
909of Education. If the district school board is providing programs
910or services to students funded by federal funds, any eligible
911students enrolled in the schools in the district shall be
912provided federal funds. Only academic performance-based charter
913school districts, pursuant to s. 1003.62, are exempt from the
914provisions of this section.
915     Section 20.  Subsection (4) of section 1012.05, Florida
916Statutes, is amended to read:
917     1012.05  Teacher recruitment and retention.-
918     (4)  The Department of Education, in cooperation with
919district personnel offices, may shall sponsor virtual job fairs
920a job fair in a central part of the state to match high-quality,
921in-state educators and potential educators and out-of-state
922educators and potential educators with teaching opportunities in
923this state. The Department of Education is authorized to collect
924a job fair registration fee not to exceed $20 per person and a
925booth fee not to exceed $250 per school district or other
926interested participating organization. The revenue from the fees
927shall be used to promote and operate the job fair. Funds may be
928used to purchase promotional items such as mementos, awards, and
929plaques.
930     Section 21.  Section 1012.07, Florida Statutes, is amended
931to read:
932     1012.07  Identification of critical teacher shortage
933areas.-
934     (1)  As used in ss. 1009.57, 1009.58, and 1009.59, The term
935"critical teacher shortage area" means high-need content areas
936applies to mathematics, science, career education, and high-
937priority high priority location areas identified by. the State
938Board of Education may identify career education programs having
939critical teacher shortages. The State Board of Education shall
940adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
941annually identify other critical teacher shortage areas and high
942priority location areas. The state board must shall also
943consider current and emerging educational requirements and
944workforce demands teacher characteristics such as ethnic
945background, race, and sex in determining critical teacher
946shortage areas. School grade levels may also be designated
947critical teacher shortage areas. Individual district school
948boards may identify and submit other critical teacher shortage
949areas. Such submissions shortages must be aligned to current and
950emerging educational requirements and workforce demands in order
951to be certified to and approved by the State Board of Education.
952High-priority High priority location areas shall be in high-
953density, low-economic urban schools, and low-density, low-
954economic rural schools, and schools identified as lowest
955performing under s. 1008.33(4)(b) shall include schools which
956meet criteria which include, but are not limited to, the
957percentage of free lunches, the percentage of students under
958Chapter I of the Education Consolidation and Improvement Act of
9591981, and the faculty attrition rate.
960     (2)  This section shall be implemented only to the extent
961as specifically funded and authorized by law.
962     Section 22.  Effective July 1, 2014, paragraph (c) of
963subsection (1) of section 1012.22, Florida Statutes, is amended
964to read:
965     1012.22  Public school personnel; powers and duties of the
966district school board.-The district school board shall:
967     (1)  Designate positions to be filled, prescribe
968qualifications for those positions, and provide for the
969appointment, compensation, promotion, suspension, and dismissal
970of employees as follows, subject to the requirements of this
971chapter:
972     (c)  Compensation and salary schedules.-
973     1.a.  As provided in this paragraph, the district school
974board shall adopt a salary schedule that compensates employees
975based on their performance. The district school board shall
976adopt a salary schedule or salary schedules designed to furnish
977incentives for improvement in training and for continued
978efficient service to be used as a basis for paying all school
979employees and fix and authorize the compensation of school
980employees on the basis thereof.
981     b.2.  A district school board, in determining the salary
982adjustments schedule for instructional personnel and school-
983based administrators, must base a portion of each employee's
984adjustment only compensation on performance demonstrated under
985s. 1012.34, must consider the prior teaching experience of a
986person who has been designated state teacher of the year by any
987state in the United States, and must consider prior professional
988experience in the field of education gained in positions in
989addition to district level instructional and administrative
990positions.
991     c.3.  In developing the salary schedule, the district
992school board shall seek input from parents, teachers, and
993representatives of the business community.
994     2.4.  Beginning with the 2007-2008 academic year, Each
995district school board shall adopt a salary adjustment for
996schedule with differentiated pay for both instructional
997personnel and school-based administrators. The salary schedule
998is subject to negotiation as provided in chapter 447 and must
999allow differentiated pay based on the following:
1000     a.  Assignment to a school in a high-priority location
1001area, as defined in State Board of Education rule, with
1002continued differentiated pay contingent upon documentation of
1003performance under s. 1012.34;
1004     b.  Certification and teaching in critical teacher shortage
1005areas, as defined in State Board of Education rule, with
1006continued differentiated pay contingent upon documentation of
1007performance under s. 1012.34; and
1008     c.  Assignment of additional academic responsibilities,
1009with continued differentiated pay contingent upon documentation
1010of performance under s. 1012.34.
1011     3.  A district school board shall adopt a salary schedule
1012for beginning and renewing teachers as follows:
1013     a.  A beginning teacher. For purposes of this sub-
1014subparagraph, the term "beginning teacher" is a classroom
1015teacher as defined in s. 1012.01(2)(a), excluding a substitute
1016teacher, who has no prior K-12 teaching experience.
1017     b.  A teacher who holds a valid professional standard
1018certificate issued by another state and who is hired by the
1019district school board.
1020     c.  A teacher who holds a valid professional certificate
1021issued pursuant to s. 1012.56, who has not taught in the
1022classroom at any time during the previous certification period,
1023and who is hired by the district school board.
1024     4.  The salary schedule in subparagraph 3. shall be in
1025effect only for the first year that the teacher provides
1026instruction in a Florida K-12 classroom. A district school board
1027may not use length of service or degrees held as a factor in
1028setting a salary schedule district-determined factors,
1029including, but not limited to, additional responsibilities,
1030school demographics, critical shortage areas, and level of job
1031performance difficulties.
1032     Section 23.  Section 1012.225, Florida Statutes, is
1033repealed.
1034     Section 24.  Section 1012.2251, Florida Statutes, is
1035repealed.
1036     Section 25.  Subsection (5) of section 1012.33, Florida
1037Statutes, is amended to read:
1038     1012.33  Contracts with instructional staff, supervisors,
1039and school principals.-
1040     (5)  Should a district school board have to choose from
1041among its personnel who are on continuing contracts or
1042professional service contracts as to which should be retained,
1043such decisions shall be based primarily upon the employee's
1044performance as provided in s. 1012.34 made pursuant to the terms
1045of a collectively bargained agreement, when one exists. If no
1046such agreement exists, the district school board shall prescribe
1047rules to handle reductions in workforce.
1048     Section 26.  Section 1012.335, Florida Statutes, is created
1049to read:
1050     1012.335  Contracts with classroom teachers hired on or
1051after July 1, 2010.-
1052     (1)  DEFINITIONS.-As used in this section, the term:
1053     (a)  "Annual contract" means a contract for a period of no
1054longer than 1 school year in which the district school board may
1055choose to renew or not renew without cause.
1056     (b)  "Classroom teacher" means a classroom teacher as
1057defined in s. 1012.01(2)(a), excluding substitute teachers.
1058     (c)  "Probationary contract" means a contract for a period
1059of no longer than 1 school year during which a classroom teacher
1060may be dismissed without cause or may resign from the
1061contractual position without breach of contract.
1062     (2)  EMPLOYMENT.-
1063     (a)  Beginning July 1, 2010, each person newly hired as a
1064classroom teacher by a school district shall receive a
1065probationary contract.
1066     (b)  A classroom teacher may receive up to four annual
1067contracts in a school district in this state if the teacher:
1068     1.  Holds a professional certificate as prescribed by s.
10691012.56 and in the rules of the State Board of Education; and
1070     2.  Has been recommended by the district school
1071superintendent for the annual contract and approved by the
1072district school board.
1073     (c)  A classroom teacher may not receive an annual contract
1074for the 6th year of teaching and thereafter unless the classroom
1075teacher:
1076     1.  Holds a professional certificate as prescribed by s.
10771012.56 and in the rules of the State Board of Education;
1078     2.  Has been recommended by the district school
1079superintendent for the annual contract and approved by the
1080district school board; and
1081     3.  Has received an effective or highly effective
1082designation on his or her appraisal pursuant to s. 1012.34 in at
1083least 2 of the 3 preceding years for each year an annual
1084contract is sought.
1085     (3)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
1086ANNUAL CONTRACT.-A classroom teacher who has an annual contract
1087may be suspended or dismissed at any time during the term of the
1088contract for just cause as provided in subsection (4). The
1089district school board must notify a classroom teacher in writing
1090whenever charges are made against the classroom teacher, and the
1091district school board may suspend him or her without pay.
1092However, if the charges are not sustained, the classroom teacher
1093shall be immediately reinstated and his or her back pay shall be
1094paid.
1095     (4)  JUST CAUSE.-The State Board of Education shall adopt
1096rules to define the term "just cause." Just cause includes, but
1097is not limited to:
1098     (a)  Immorality.
1099     (b)  Misconduct in office.
1100     (c)  Incompetency.
1101     (d)  Gross insubordination.
1102     (e)  Willful neglect of duty.
1103     (f)  Being convicted or found guilty of, or entering a plea
1104of guilty to, regardless of adjudication of guilt, any crime
1105involving moral turpitude.
1106     (g)  Poor performance as demonstrated by a lack of student
1107learning gains, as specified in s. 1012.34.
1108     Section 27.  Section 1012.34, Florida Statutes, is amended
1109to read:
1110     1012.34  Appraisal Assessment procedures and criteria.-
1111     (1)  For the purpose of increasing student achievement by
1112improving the quality of instructional, administrative, and
1113supervisory services in the public schools of the state, the
1114district school superintendent shall establish procedures for
1115evaluating assessing the performance of duties and
1116responsibilities of all instructional, administrative, and
1117supervisory personnel employed by the school district. The
1118Department of Education must approve each district's
1119instructional personnel appraisal assessment system and
1120appraisal instruments. The Department of Education must approve
1121each school-based administrator appraisal system and appraisal
1122instruments. The department shall collect from each school
1123district the annual performance ratings of all instructional and
1124school-based administrative personnel and report the percentage
1125of each of these employees receiving each rating category by
1126school and by district to the Governor, the President of the
1127Senate, and the Speaker of the House of Representatives.
1128     (2)  The following conditions must be considered in the
1129design of the district's instructional personnel appraisal
1130assessment system:
1131     (a)  The system must be designed to support high-quality
1132instruction and increased academic achievement district and
1133school level improvement plans.
1134     (b)  The system must provide appropriate appraisal
1135instruments, procedures, and criteria for continuous quality
1136improvement of the professional skills of instructional
1137personnel.
1138     (c)  The system must include a mechanism to examine
1139performance data from multiple sources, which includes giving
1140give parents an opportunity to provide input into employee
1141performance appraisals assessments when appropriate.
1142     (d)  In addition to addressing generic teaching
1143competencies, districts must determine those teaching fields for
1144which special procedures and criteria will be developed.
1145     (e)  Each district school board may establish a peer
1146assistance process. The plan may provide a mechanism for
1147assistance of persons who are placed on performance probation as
1148well as offer assistance to other employees who request it.
1149     (f)  Each The district school board shall provide training
1150programs that are based upon guidelines provided by the
1151Department of Education to ensure that all individuals with
1152evaluation responsibilities understand the proper use of the
1153appraisal assessment criteria and procedures.
1154     (g)  The system must differentiate among four levels of
1155performance: unsatisfactory, needs improvement, effective, and
1156highly effective. The Commissioner of Education shall consult
1157with performance pay experts and classroom teachers in
1158developing the performance levels. Beginning with the 2014-2015
1159school year and thereafter, instructional personnel and school-
1160based administrators may not be rated as effective or highly
1161effective if their students fail to demonstrate learning gains.
1162     (h)  The system must include a process for monitoring the
1163effective and consistent use of appraisal criteria by
1164supervisors and administrators and a process for evaluating the
1165effectiveness of the system itself in improving the level of
1166instruction and learning in the district's schools.
1167     (3)  The appraisal assessment procedure for instructional
1168personnel and school administrators must be primarily based on
1169the performance of students assigned to their classrooms or
1170schools, as described in paragraph (a) appropriate. Pursuant to
1171this section, A school district's performance appraisal
1172assessment is not limited to basing unsatisfactory performance
1173of instructional personnel and school administrators upon
1174student performance, but may include other criteria approved to
1175evaluate assess instructional personnel and school
1176administrators' performance, or any combination of student
1177performance and other approved criteria. The procedures must
1178comply with, but are not limited to, the following requirements:
1179     (a)  An appraisal assessment must be conducted for each
1180employee at least once a year, except that an appraisal for each
1181teacher, as described in s. 1012.22(1)(c)3., must be conducted
1182at least twice a year. The assessment must be based upon sound
1183educational principles and contemporary research in effective
1184educational practices. The assessment must primarily use data
1185and indicators of improvement in student performance assessed
1186annually as specified in s. 1008.22 and may consider results of
1187peer reviews in evaluating the employee's performance. Student
1188performance must be measured by state assessments required under
1189s. 1008.22 and by local assessments for subjects and grade
1190levels not measured by the state assessment program. The
1191appraisal assessment criteria must include, but are not limited
1192to, indicators that relate to the following:
1193     1.  Performance of students.
1194     a.  Beginning with the 2014-2015 school year and
1195thereafter, for the classroom teacher, the learning gains of
1196students assigned to the teacher must comprise more than 50
1197percent of the determination of the classroom teacher's
1198performance. Beginning with the 2014-2015 school year and
1199thereafter, for instructional personnel, who are not classroom
1200teachers, the learning gains of students assigned to the school
1201must comprise more than 50 percent of the determination of the
1202individual's performance. A school district may use the learning
1203gains of students assigned to the classroom teacher for the
1204preceding 3 years, or, for instructional personnel who are not
1205classroom teachers, the learning gains of students assigned to
1206the school for the preceding 3 years, to determine the
1207individual's performance. For purposes of this sub-subparagraph,
1208"school" means the school to which the instructional personnel,
1209who is not a classroom teacher, was assigned for the last 3
1210years. Student learning gains are measured by state assessments
1211required under s. 1008.22, examinations in AP, IB, AICE, or a
1212national industry certification identified in the Industry
1213Certification Funding List pursuant to rules adopted by the
1214State Board of Education, or district assessments for subject
1215areas and grade levels as required under s. 1008.222.
1216     b.  For instructional personnel, more than 50 percent of
1217the determination of the individual's performance must be based
1218on the performance of students assigned to their classrooms or
1219schools, as appropriate. Student performance must be measured by
1220state assessments required under s. 1008.22 and by local
1221assessments for subjects and grade levels not measured by the
1222state assessment program. This sub-subparagraph expires July 1,
12232014.
1224     2.  Instructional practice. For instructional personnel,
1225performance criteria must be based on the Florida Educator
1226Accomplished Practices adopted by the State Board of Education
1227by rule, which include:
1228     a.  Ability to maintain appropriate discipline.
1229     b.3.  Knowledge of subject matter. A district school board
1230may consider advanced degrees held by instructional personnel.
1231The district school board shall make special provisions for
1232evaluating teachers who are assigned to teach out-of-field.
1233     c.4.  Ability to plan and deliver effective instruction and
1234the effective use of technology in the classroom.
1235     d.5.  Ability to use assessment data and other evidence of
1236student learning to design and implement differentiated
1237instructional strategies in order to meet individual student
1238needs for remediation or acceleration evaluate instructional
1239needs.
1240     e.6.  Ability to establish and maintain a positive
1241collaborative relationship with students' families to increase
1242student achievement.
1243     f.7.  Other professional competencies, responsibilities,
1244and requirements as established by rules of the State Board of
1245Education and policies of the district school board.
1246     3.  Instructional leadership performance.
1247     a.  Beginning with the 2014-2015 school year and
1248thereafter, for a school-based administrator, the learning gains
1249of students assigned to the school must comprise more than 50
1250percent of the determination of the school-based administrator's
1251performance. A school district may use the learning gains of
1252students assigned to the school for the preceding 3 years to
1253determine the school-based administrator's performance. For
1254purposes of this sub-subparagraph, "school" means the school to
1255which the administrator was assigned for the last 3 years.
1256Student learning gains are measured by state assessments
1257required under s. 1008.22, examinations in AP, IB, AICE, or a
1258national industry certification identified in the Industry
1259Certification Funding List pursuant to rules adopted by the
1260State Board of Education, or district assessments for subject
1261areas and grade levels as required under s. 1008.222.
1262     b.  For school-based administrators, more than 50 percent
1263of the determination of the individual's performance must be
1264based on the performance of students assigned to their schools.
1265Student performance must be measured by state assessments
1266required under s. 1008.22 and by local assessments for subjects
1267and grade levels not measured by the state assessment program.
1268This sub-subparagraph expires July 1, 2014.
1269     4.  Instructional leadership practice. For a school-based
1270administrator, performance criteria must be based on the Florida
1271Principal Leadership Standards adopted by the State Board of
1272Education under s. 1012.986, which includes the ability to:
1273     a.  Manage human, financial, and material resources so as
1274to maximize the share of resources used for direct instruction,
1275as opposed to overhead or other purposes; and
1276     b.  Recruit and retain high-performing teachers.
1277     (b)  All personnel must be fully informed of the criteria
1278and procedures associated with the appraisal assessment process
1279before the appraisal assessment takes place.
1280     (c)  The individual responsible for supervising the
1281employee must evaluate assess the employee's performance. The
1282evaluator must submit a written report of the appraisal
1283assessment to the district school superintendent for the purpose
1284of reviewing the employee's contract. The evaluator must submit
1285the written report to the employee no later than 10 days after
1286the appraisal assessment takes place. The evaluator must discuss
1287the written report of the appraisal assessment with the
1288employee. The employee shall have the right to initiate a
1289written response to the appraisal assessment, and the response
1290shall become a permanent attachment to his or her personnel
1291file.
1292     (d)  If an employee is not performing his or her duties in
1293a satisfactory manner, the evaluator shall notify the employee
1294in writing of such determination. The notice must describe such
1295unsatisfactory performance and include notice of the following
1296procedural requirements:
1297     1.  Upon delivery of a notice of unsatisfactory
1298performance, the evaluator must confer with the employee, make
1299recommendations with respect to specific areas of unsatisfactory
1300performance, and provide assistance in helping to correct
1301deficiencies within a prescribed period of time.
1302     2.a.  If the employee holds an annual contract as provided
1303in s. 1012.335, and receives an unsatisfactory performance
1304appraisal pursuant to the criteria in subparagraph (a)2., the
1305employee may request a review of the appraisal by the district
1306school superintendent or his or her designee. The district
1307school superintendent may review the employee's appraisal.
1308     b.  If the employee holds a professional service contract
1309as provided in s. 1012.33, the employee shall be placed on
1310performance probation and governed by the provisions of this
1311section for 90 calendar days following the receipt of the notice
1312of unsatisfactory performance to demonstrate corrective action.
1313School holidays and school vacation periods are not counted when
1314calculating the 90-calendar-day period. During the 90 calendar
1315days, the employee who holds a professional service contract
1316must be evaluated periodically and apprised of progress achieved
1317and must be provided assistance and inservice training
1318opportunities to help correct the noted performance
1319deficiencies. At any time during the 90 calendar days, the
1320employee who holds a professional service contract may request a
1321transfer to another appropriate position with a different
1322supervising administrator; however, a transfer does not extend
1323the period for correcting performance deficiencies.
1324     c.b.  Within 14 days after the close of the 90 calendar
1325days, the evaluator must evaluate assess whether the performance
1326deficiencies have been corrected and forward a recommendation to
1327the district school superintendent. Within 14 days after
1328receiving the evaluator's recommendation, the district school
1329superintendent must notify the employee who holds a professional
1330service contract in writing whether the performance deficiencies
1331have been satisfactorily corrected and whether the district
1332school superintendent will recommend that the district school
1333board continue or terminate his or her employment contract. If
1334the employee wishes to contest the district school
1335superintendent's recommendation, the employee must, within 15
1336days after receipt of the district school superintendent's
1337recommendation, submit a written request for a hearing. The
1338hearing shall be conducted at the district school board's
1339election in accordance with one of the following procedures:
1340     (I)  A direct hearing conducted by the district school
1341board within 60 days after receipt of the written appeal. The
1342hearing shall be conducted in accordance with the provisions of
1343ss. 120.569 and 120.57. A majority vote of the membership of the
1344district school board shall be required to sustain the district
1345school superintendent's recommendation. The determination of the
1346district school board shall be final as to the sufficiency or
1347insufficiency of the grounds for termination of employment; or
1348     (II)  A hearing conducted by an administrative law judge
1349assigned by the Division of Administrative Hearings of the
1350Department of Management Services. The hearing shall be
1351conducted within 60 days after receipt of the written appeal in
1352accordance with chapter 120. The recommendation of the
1353administrative law judge shall be made to the district school
1354board. A majority vote of the membership of the district school
1355board shall be required to sustain or change the administrative
1356law judge's recommendation. The determination of the district
1357school board shall be final as to the sufficiency or
1358insufficiency of the grounds for termination of employment.
1359     (4)  The district school superintendent shall notify the
1360department of any instructional personnel who receive two
1361consecutive unsatisfactory evaluations and who have been given
1362written notice by the district that their employment is being
1363terminated or is not being renewed or that the district school
1364board intends to terminate, or not renew, their employment. The
1365department shall conduct an investigation to determine whether
1366action shall be taken against the certificateholder pursuant to
1367s. 1012.795(1)(c).
1368     (5)  The district school superintendent shall develop a
1369mechanism for evaluating the effective use of appraisal
1370assessment criteria and evaluation procedures by administrators
1371who are assigned responsibility for evaluating the performance
1372of instructional personnel. The use of the appraisal assessment
1373and evaluation procedures shall be considered as part of the
1374annual appraisal assessment of the administrator's performance.
1375The system must include a mechanism to give parents and teachers
1376an opportunity to provide input into the administrator's
1377performance assessment, when appropriate.
1378     (6)  Nothing in this section shall be construed to grant a
1379probationary employee a right to continued employment beyond the
1380term of his or her contract.
1381     (7)  The district school board shall establish a procedure
1382annually reviewing instructional personnel appraisal assessment
1383systems to determine compliance with this section. All
1384substantial revisions to an approved system must be reviewed and
1385approved by the district school board before being used to
1386evaluate assess instructional personnel. Upon request by a
1387school district, the department shall provide assistance in
1388developing, improving, or reviewing an appraisal assessment
1389system.
1390     (8)  The State Board of Education shall adopt rules
1391pursuant to ss. 120.536(1) and 120.54, that establish uniform
1392guidelines for the submission, review, and approval of district
1393procedures for the annual appraisal assessment of instructional
1394personnel and school-based administrative personnel and that
1395include the method of calculating rates of student learning tied
1396to differentiated levels of performance as provided for in
1397paragraph (2)(g) and criteria for evaluating professional
1398performance.
1399     Section 28.  Subsection (3) is added to section 1012.42,
1400Florida Statutes, to read:
1401     1012.42  Teacher teaching out-of-field.-
1402     (3)  CERTIFICATION REQUIREMENTS.-Beginning in the 2010-2011
1403school year, a district school board shall not assign any
1404beginning teacher to teach reading, science, or mathematics if
1405he or she is not certified in reading, science, or mathematics.
1406     Section 29.  Section 1012.52, Florida Statutes, is
1407repealed.
1408     Section 30.  Paragraph (c) of subsection (2), subsections
1409(5), (6), and (7), paragraph (b) of subsection (9), and
1410subsection (17) of section 1012.56, Florida Statutes, are
1411amended to read:
1412     1012.56  Educator certification requirements.-
1413     (2)  ELIGIBILITY CRITERIA.-To be eligible to seek
1414certification, a person must:
1415     (c)  Document receipt of a bachelor's or higher degree from
1416an accredited institution of higher learning, or a nonaccredited
1417institution of higher learning that the Department of Education
1418has identified as having a quality program resulting in a
1419bachelor's degree, or higher. Each applicant seeking initial
1420certification must have attained at least a 2.5 overall grade
1421point average on a 4.0 scale in the applicant's major field of
1422study. The applicant may document the required education by
1423submitting official transcripts from institutions of higher
1424education or by authorizing the direct submission of such
1425official transcripts through established electronic network
1426systems. The bachelor's or higher degree may not be required in
1427areas approved in rule by the State Board of Education as
1428nondegreed areas. The State Board of Education may adopt rules
1429that, for purposes of demonstrating completion of certification
1430requirements specified in state board rule, allow for the
1431acceptance of college course credits recommended by the American
1432Council on Education (ACE), as posted on an official ACE
1433transcript.
1434     (5)  MASTERY OF SUBJECT AREA KNOWLEDGE.-Acceptable means of
1435demonstrating mastery of subject area knowledge are:
1436     (a)  Achievement of passing scores on subject area
1437examinations required by state board rule, which may include,
1438but need not be limited to, world languages in Arabic, Chinese,
1439Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
1440Italian, Japanese, Portuguese, Russian, and Spanish;
1441     (b)  Completion of a bachelor's degree or higher and
1442verification of the attainment of an oral proficiency interview
1443score above the intermediate level and a written proficiency
1444score above the intermediate level on a test administered by the
1445American Council on the Teaching of Foreign Languages for which
1446there is no Florida-developed examination;
1447     (c)  Completion of the subject area specialization
1448requirements specified in state board rule and verification of
1449the attainment of the essential subject matter competencies by
1450the district school superintendent of the employing school
1451district or chief administrative officer of the employing state-
1452supported or private school for a subject area for which a
1453subject area examination has not been developed and required by
1454state board rule;
1455     (d)  Completion of the subject area specialization
1456requirements specified in state board rule for a subject
1457coverage requiring a master's or higher degree and achievement
1458of a passing score on the subject area examination specified in
1459state board rule;
1460     (e)  A valid professional standard teaching certificate
1461issued by another state and achievement of a passing score on
1462the subject area exam specified in State Board of Education rule
1463or by a full demonstration of mastery of his or her ability to
1464teach the subject area for which he or she is seeking
1465certification, as provided by rules of the State Board of
1466Education; or
1467     (f)  A valid certificate issued by the National Board for
1468Professional Teaching Standards or a national educator
1469credentialing board approved by the State Board of Education.
1470
1471School districts are encouraged to provide mechanisms for those
1472middle school teachers holding only a K-6 teaching certificate
1473to obtain a subject area coverage for middle grades through
1474postsecondary coursework or district add-on certification.
1475     (6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
1476COMPETENCE.-Acceptable means of demonstrating mastery of
1477professional preparation and education competence are:
1478     (a)  Completion of an approved teacher preparation program
1479at a postsecondary educational institution within this state and
1480achievement of a passing score on the professional education
1481competency examination required by state board rule;
1482     (b)  Completion of a teacher preparation program at a
1483postsecondary educational institution outside Florida and
1484achievement of a passing score on the professional education
1485competency examination required by state board rule;
1486     (c)  A valid professional standard teaching certificate
1487issued by another state;
1488     (d)  A valid certificate issued by the National Board for
1489Professional Teaching Standards or a national educator
1490credentialing board approved by the State Board of Education;
1491     (e)  Documentation of two semesters of successful teaching
1492in a community college, state university, or private college or
1493university that awards an associate or higher degree and is an
1494accredited institution or an institution of higher education
1495identified by the Department of Education as having a quality
1496program;
1497     (f)  Completion of professional preparation courses as
1498specified in state board rule, successful completion of a
1499professional education competence demonstration program pursuant
1500to paragraph (8)(b), and achievement of a passing score on the
1501professional education competency examination required by state
1502board rule;
1503     (g)  Successful completion of a professional preparation
1504alternative certification and education competency program,
1505outlined in paragraph (8)(a); or
1506     (h)  Successful completion of an alternative certification
1507program pursuant to s. 1004.85 and achievement of a passing
1508score on the professional education competency examination
1509required by rule of the State Board of Education; or.
1510     (i)  Successful completion of a professional education
1511training program provided by Teach for America and achievement
1512of a passing score on the professional education competency
1513examination required by rule of the State Board of Education.
1514     (7)  TYPES AND TERMS OF CERTIFICATION.-
1515     (a)  The Department of Education shall issue a professional
1516certificate for a period not to exceed 5 years to any applicant
1517who meets all the requirements outlined in subsection (2).
1518     (b)  The department shall issue a temporary certificate to
1519any applicant who meets the following requirements:
1520     1.  Completes the requirements outlined in paragraphs
1521(2)(a)-(f); and
1522     2.a.  Completes the subject area content requirements
1523specified in state board rule; or
1524     b.  Demonstrates mastery of subject area knowledge pursuant
1525to subsection (5); and
1526     3.  Holds an accredited degree or a degree approved by the
1527Department of Education at the level required for the subject
1528area specialization in state board rule.
1529     (c)  The department shall issue one nonrenewable 2-year
1530temporary certificate and one nonrenewable 5-year professional
1531certificate to a qualified applicant who holds a bachelor's
1532degree in the area of speech-language impairment to allow for
1533completion of a master's degree program in speech-language
1534impairment.
1535
1536Each temporary certificate is valid for 3 school fiscal years
1537and is nonrenewable. However, the requirement in paragraphs
1538paragraph (2)(g) and (h) must be met within 1 calendar year of
1539the date of employment under the temporary certificate.
1540Individuals who are employed under contract at the end of the 1
1541calendar year time period may continue to be employed through
1542the end of the school year in which they have been contracted. A
1543school district shall not employ, or continue the employment of,
1544an individual in a position for which a temporary certificate is
1545required beyond this time period if the individual has not met
1546the requirement of paragraph (2)(g) or paragraph (2)(h). The
1547State Board of Education shall adopt rules to allow the
1548department to extend the validity period of a temporary
1549certificate for 2 years when the requirements for the
1550professional certificate, not including the requirement in
1551paragraph (2)(g) or paragraph (2)(h), were not completed due to
1552the serious illness or injury of the applicant or other
1553extraordinary extenuating circumstances. The department shall
1554reissue the temporary certificate for 2 additional years upon
1555approval by the Commissioner of Education. A written request for
1556reissuance of the certificate shall be submitted by the district
1557school superintendent, the governing authority of a university
1558lab school, the governing authority of a state-supported school,
1559or the governing authority of a private school.
1560     (9)  EXAMINATIONS.-
1561     (b)  The State Board of Education shall, by rule, specify
1562the examination scores that are required for the issuance of a
1563professional certificate and temporary certificate. Such rules
1564must define generic subject area and reading instruction
1565competencies and must establish uniform evaluation guidelines.
1566The State Board of Education shall review the current subject
1567area examinations and, if necessary, revise the passing scores
1568and reading instruction pursuant to s. 1001.215 required for
1569achieving certification in order to match expectations for
1570teacher competency in each subject area.
1571     (17)  COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.-
1572Beginning with the 2003-2004 school year, The Department of
1573Education shall conduct a longitudinal study to compare
1574performance of certificateholders who are employed in Florida
1575school districts. The study shall compare a sampling of
1576educators who have qualified for a professional certificate
1577since July 1, 2002, based on the following:
1578     (a)  Graduation from a state-approved teacher preparation
1579program.
1580     (b)  Completion of a state-approved professional
1581preparation and education competency program.
1582     (c)  A valid standard teaching certificate issued by a
1583state other than Florida.
1584
1585The department comparisons shall be made to determine if there
1586is any significant difference in the performance of these groups
1587of teachers, as measured by their students' achievement levels
1588and learning gains as measured by s. 1008.22.
1589     Section 31.  Paragraph (b) of subsection (2) and subsection
1590(5) of section 1012.585, Florida Statutes, are amended, and
1591subsection (6) is added to that section, to read:
1592     1012.585  Process for renewal of professional
1593certificates.-
1594     (2)
1595     (b)  A teacher with national certification from the
1596National Board for Professional Teaching Standards is deemed to
1597meet state renewal requirements for the life of the teacher's
1598national certificate in the subject shown on the national
1599certificate. A complete renewal application and fee shall be
1600submitted. The Commissioner of Education shall notify teachers
1601of the renewal application and fee requirements. This paragraph
1602expires July 1, 2014.
1603     (5)  The State Board of Education shall adopt rules to
1604allow the reinstatement of expired professional certificates.
1605The department may reinstate an expired professional certificate
1606if the certificateholder:
1607     (a)  Submits an application for reinstatement of the
1608expired certificate.
1609     (b)  Documents completion of 6 college credits during the 5
1610years immediately preceding reinstatement of the expired
1611certificate, completion of 120 inservice points, or a
1612combination thereof, in an area specified in paragraph (3)(a).
1613     (c)  Meets the requirements in subsection (6).
1614     (d)(c)  During the 5 years immediately preceding
1615reinstatement of the certificate, achieves a passing score on
1616the subject area test for each subject to be shown on the
1617reinstated certificate.
1618
1619The requirements of this subsection may not be satisfied by
1620subject area tests or college credits completed for issuance of
1621the certificate that has expired.
1622     (6)  Beginning with the 2014-2015 school year, the
1623requirements for the renewal of a professional certificate shall
1624include documentation of effective or highly effective
1625performance as demonstrated under s. 1012.34 for at least 4 of
1626the preceding 5 years before the renewal certification is
1627sought. The State Board of Education shall adopt rules to define
1628the process for documenting effective performance under this
1629subsection, including equivalent options for individuals who
1630have not been evaluated under s. 1012.34. An individual's
1631certificate shall expire if the individual is not able to
1632demonstrate effective performance as required under this
1633subsection and the rules of the state board. The individual may
1634apply to reinstate his or her professional certificate under
1635subsection (5).
1636     Section 32.  Subsection (2) of section 1012.72, Florida
1637Statutes, is amended to read:
1638     1012.72  Dale Hickam Excellent Teaching Program.-
1639     (2)  The Dale Hickam Excellent Teaching Program is created
1640to provide categorical funding for bonuses for teaching
1641excellence. The bonuses may be provided for initial
1642certification for up to one 10-year period for individuals
1643holding NBPTS certification on July 1, 2010, and who remain
1644continuously employed in a public school in this state or the
1645Florida School for the Deaf and the Blind. The Department of
1646Education shall distribute to each school district an amount as
1647prescribed annually by the Legislature for the Dale Hickam
1648Excellent Teaching Program. For purposes of this section, the
1649Florida School for the Deaf and the Blind shall be considered a
1650school district. Unless otherwise provided in the General
1651Appropriations Act, each distribution shall be the sum of the
1652amounts earned for the following:
1653     (a)  An annual bonus equal to 10 percent of the prior
1654fiscal year's statewide average salary for classroom teachers to
1655be distributed to the school district to be paid to each
1656individual who holds NBPTS certification and is employed by the
1657district school board or by a public school within the school
1658district. The district school board shall distribute the annual
1659bonus to each individual who meets the requirements of this
1660paragraph and who is certified annually by the district to have
1661demonstrated satisfactory teaching performance pursuant to s.
16621012.34. The annual bonus may be paid as a single payment or
1663divided into not more than three payments.
1664     (b)  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 meets the requirements of paragraph (a) and
1668agrees, in writing, to provide the equivalent of 12 workdays of
1669mentoring and related services to public school teachers within
1670the state who do not hold NBPTS certification. Related services
1671must include instruction in helping teachers work more
1672effectively with the families of their students. The district
1673school board shall distribute the annual bonus in a single
1674payment following the completion of all required mentoring and
1675related services for the year. It is not the intent of the
1676Legislature to remove excellent teachers from their assigned
1677classrooms; therefore, credit may not be granted by a school
1678district or public school for mentoring or related services
1679provided during student contact time during the 196 days of
1680required service for the school year.
1681     (c)  The employer's share of social security and Medicare
1682taxes for those teachers who receive bonus amounts under
1683paragraph (a) or paragraph (b).
1684     Section 33.  Subsection (1) of section 1012.79, Florida
1685Statutes, is amended to read:
1686     1012.79  Education Practices Commission; organization.-
1687     (1)  The Education Practices Commission consists of 25
1688members, including 11 8 teachers; 5 administrators, at least one
1689of whom may shall represent a private school; 5 7 lay citizens,
16903 5 of whom shall be parents of public school students and who
1691are unrelated to public school employees and 2 of whom shall be
1692former district school board members; and 4 5 sworn law
1693enforcement officials, appointed by the State Board of Education
1694from nominations by the Commissioner of Education and subject to
1695Senate confirmation. Prior to making nominations, the
1696commissioner shall consult with teaching associations, parent
1697organizations, law enforcement agencies, and other involved
1698associations in the state. In making nominations, the
1699commissioner shall attempt to achieve equal geographical
1700representation, as closely as possible.
1701     (a)  A teacher member, in order to be qualified for
1702appointment:
1703     1.  Must be certified to teach in the state.
1704     2.  Must be a resident of the state.
1705     3.  Must have practiced the profession in this state for at
1706least 10 years, with at least 5 years of experience in this
1707state immediately preceding the appointment.
1708     (b)  A school administrator member, in order to be
1709qualified for appointment:
1710     1.  Must have an endorsement on the educator certificate in
1711the area of school administration or supervision.
1712     2.  Must be a resident of the state.
1713     3.  Must have practiced the profession as an administrator
1714for at least 5 years immediately preceding the appointment.
1715     (c)  The lay members must be residents of the state.
1716     (d)  The law enforcement official members must have served
1717in the profession for at least 5 years immediately preceding
1718appointment and have background expertise in child safety.
1719     Section 34.  Paragraph (h) of subsection (1) of section
17201012.795, Florida Statutes, is amended to read:
1721     1012.795  Education Practices Commission; authority to
1722discipline.-
1723     (1)  The Education Practices Commission may suspend the
1724educator certificate of any person as defined in s. 1012.01(2)
1725or (3) for up to 5 years, thereby denying that person the right
1726to teach or otherwise be employed by a district school board or
1727public school in any capacity requiring direct contact with
1728students for that period of time, after which the holder may
1729return to teaching as provided in subsection (4); may revoke the
1730educator certificate of any person, thereby denying that person
1731the right to teach or otherwise be employed by a district school
1732board or public school in any capacity requiring direct contact
1733with students for up to 10 years, with reinstatement subject to
1734the provisions of subsection (4); may revoke permanently the
1735educator certificate of any person thereby denying that person
1736the right to teach or otherwise be employed by a district school
1737board or public school in any capacity requiring direct contact
1738with students; may suspend the educator certificate, upon an
1739order of the court or notice by the Department of Revenue
1740relating to the payment of child support; or may impose any
1741other penalty provided by law, if the person:
1742     (h)  Has breached a contract, as provided in s. 1012.33(2)
1743or s. 1012.335.
1744     Section 35.  Review of teacher preparation program
1745funding.-
1746     (1)  The Department of Education, in collaboration with the
1747Board of Governors, shall develop a methodology to determine the
1748cost-effectiveness of the teacher preparation programs in ss.
17491004.04, 1004.85, and 1012.56(8), Florida Statutes. The
1750methodology for determining program costs must use existing
1751expenditure data, when available.
1752     (2)  On or before December 1, 2011, the Department of
1753Education shall submit a report to the Governor, the President
1754of the Senate, and the Speaker of the House of Representatives
1755which:
1756     (a)  Provides a methodology to evaluate the cost-
1757effectiveness of teacher preparation programs based on program
1758costs, program outcomes of student cohorts such as completion
1759rates, placement rates in teaching jobs, retention rates in the
1760classroom, and student achievement and learning gains of
1761students taught by graduates;
1762     (b)  Uses the methodology developed to evaluate the cost-
1763effectiveness of the state's teacher preparation programs; and
1764     (c)  Provides recommendations that would enhance the
1765Legislature's ability to consider the program's productivity
1766when allocating funds.
1767     (3)  The Office of Program Policy Analysis and Government
1768Accountability shall review the current standards for the
1769continued approval of teacher preparation programs and make
1770recommendations to the Legislature on or before January 1, 2012,
1771for any needed changes. Such recommendations shall include
1772proposed changes to the allocation of any state funds to teacher
1773preparation programs and the students enrolled in these
1774programs.
1775     Section 36.  (1)  Any school district that received a grant
1776of at least $75 million from a private foundation for the
1777purpose of improving the effectiveness of teachers within the
1778school district may seek an annual exemption from the State
1779Board of Education of ss. 1008.222, 1011.626, Florida Statutes,
1780as created by this act, and the amendments to ss. 1012.22 and
17811012.34, Florida Statutes, as amended by this act.
1782     (2)  To receive approval from the State Board of Education
1783for an exemption under this section, a school district must
1784demonstrate to the State Board of Education that it is
1785implementing the following:
1786     (a)  A teacher appraisal system that uses student
1787performance as the single greatest component of the teacher's
1788evaluation.
1789     (b)  A teacher compensation system that awards salary
1790increases based on sustained student performance.
1791     (c)  A teacher contract system that awards contracts based
1792on student performance.
1793     (3)  The State Board of Education shall annually renew a
1794school district's exemption if the school district provides a
1795progress report that demonstrates that the school district
1796continues to meet the requirements of subsection (2).
1797     (4)  The State Board of Education shall adopt rules
1798pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
1799establish the procedures for applying for an exemption under
1800this section.
1801     Section 37.  If any provision of this act or its
1802application to any person or circumstance is held invalid, the
1803invalidity does not affect other provisions or applications of
1804the act which can be given effect without the invalid provision
1805or application, and to this end the provisions of this act are
1806severable.
1807     Section 38.  The amendments to s. 1012.33, Florida
1808Statutes, shall apply to contracts newly entered into, extended,
1809or readopted on or after July 1, 2010, and to all contracts on
1810or after July 1, 2013.
1811     Section 39.  Except as otherwise expressly provided in this
1812act, this act shall take effect July 1, 2010.


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