January 20, 2018
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       Florida Senate - 2010                                       SB 6
       
       
       
       By Senators Thrasher, Gaetz, Detert, Wise, Constantine, Richter,
       Peaden, and Storms
       
       
       
       8-01255C-10                                              20106__
    1                        A bill to be entitled                      
    2         An act relating to education personnel; amending s.
    3         39.202, F.S.; authorizing the release of child abuse
    4         records to certain employees and agents of the
    5         Department of Education; amending s. 200.065, F.S.;
    6         specifying the form of the public notice of proposed
    7         property taxes for school districts instituting the
    8         district accountability millage adjustment; amending
    9         s. 447.403, F.S.; deleting a provision that provides
   10         for an expedited impasse hearing for disputes
   11         involving the Merit Award Program plan to conform to
   12         changes made by the act; amending s. 1002.33, F.S.;
   13         requiring a charter school to adopt a salary schedule
   14         for instructional personnel and school-based
   15         administrators which meets certain requirements;
   16         providing that charter schools must meet certain
   17         requirements for end-of-course assessments and certain
   18         contracts; deleting a cross-reference to conform to
   19         changes made by the act; requiring that the
   20         Commissioner of Education review certain charter
   21         schools for compliance with the requirements for a
   22         salary schedule, assessments, and contracts; providing
   23         for a fine to be assessed against a charter school
   24         that is not in compliance; providing for deposit of
   25         proceeds of the fine into the General Revenue Fund;
   26         amending s. 1003.52, F.S.; deleting a cross-reference
   27         to conform to changes made by the act; repealing s.
   28         1003.62, F.S., relating to academic performance-based
   29         charter school districts; amending s. 1003.621, F.S.;
   30         providing additional requirements for personnel in
   31         academically high-performing school districts;
   32         repealing s. 1003.63, relating to the deregulated
   33         public schools pilot program; amending s. 1004.04,
   34         F.S.; revising the criteria for continued approval of
   35         teacher preparation programs to include student
   36         learning gains; deleting the waiver of admissions
   37         criteria for certain students; deleting the criterion
   38         relating to employer satisfaction; revising the
   39         requirements for a teacher preparation program to
   40         provide additional training to a graduate who fails to
   41         demonstrate essential skills; deleting a provision
   42         that requires state-approved teacher preparation
   43         programs and public and private institutions offering
   44         training for school-readiness-related professions to
   45         report graduate satisfaction ratings; revising the
   46         requirements for preservice field experience programs;
   47         repealing s. 1004.04(11) and (12), F.S., relating to
   48         the Preteacher and Teacher Education Pilot Programs
   49         and the Teacher Education Pilot Programs for High
   50         Achieving Students; amending s. 1004.85, F.S.;
   51         revising the requirements for individuals who
   52         participate in programs at postsecondary educator
   53         preparation institutes; revising the requirements for
   54         approved alternative certification programs and
   55         instructors; creating s. 1008.222, F.S.; requiring
   56         school districts to develop and implement end-of
   57         course assessments; requiring a review of assessments
   58         by the Commissioner of Education; amending s. 1009.40,
   59         F.S.; deleting cross-references to conform to changes
   60         made by the act; repealing s. 1009.54, F.S., relating
   61         to the Critical Teacher Shortage Program; repealing s.
   62         1009.57, F.S., relating to the Florida Teacher
   63         Scholarship and Forgivable Loan Program; repealing s.
   64         1009.58, F.S., relating to the Critical Teacher
   65         Shortage Tuition Reimbursement Program; repealing s.
   66         1009.59, F.S., relating to the Critical Teacher
   67         Shortage Student Loan Forgiveness Program; amending s.
   68         1009.94, F.S.; deleting cross-references to conform to
   69         changes made by the act; creating s. 1011.626, F.S.;
   70         providing legislative findings and intent; requiring
   71         that each district school board submit its district
   72         adopted salary schedule, certain assessments, and
   73         classroom teacher contracts to the Commissioner of
   74         Education for review; requiring that the Commissioner
   75         of Education determine compliance with the law;
   76         requiring a review by the Auditor General of certain
   77         contracts; requiring that the Commissioner of
   78         Education notify school districts that fail to comply;
   79         requiring that the commissioner certify a report to
   80         the Governor and the Legislature by a specified date;
   81         requiring that a school district levy an additional
   82         millage if it fails to adopt a salary schedule,
   83         provide for differentiated pay, adopt end-of-course
   84         assessments, or meet contract requirements for
   85         classroom teachers and school-based administrators;
   86         requiring that the commissioner calculate the amount
   87         of the additional millage; requiring that the
   88         commissioner withhold funds from school districts in
   89         an amount equal to the additional millage; providing
   90         for the use of revenues generated from the additional
   91         millage; requiring public notice of proposed property
   92         taxes; specifying the contents of such notice;
   93         requiring that the State Board of Education adopt
   94         rules; amending s. 1011.69, F.S.; deleting a provision
   95         that exempts academic performance-based charter school
   96         districts from the Equity in School-Level Funding Act
   97         to conform to changes made by the act; amending s.
   98         1012.05, F.S.; revising the Department of Education’s
   99         responsibilities for teacher recruitment; amending s.
  100         1012.07, F.S.; revising the methodology for
  101         determining critical teacher shortage areas; deleting
  102         cross-references to conform to changes made by the
  103         act; amending s. 1012.22, F.S.; revising the powers
  104         and duties of the district school board with respect
  105         to school district compensation and salary schedules;
  106         requiring that certain performance criteria be
  107         included in the adopted schedules; revising the
  108         differentiated pay provisions to require specified
  109         percentages for awards; providing penalties; repealing
  110         s. 1012.225, F.S., relating to the Merit Award Program
  111         for Instructional Personnel and School-Based
  112         Administrators; repealing s. 1012.2251, F.S., relating
  113         to the end-of-course examinations for the Merit Award
  114         Program; amending s. 1012.33, F.S.; revising
  115         provisions relating to contracts with certain
  116         educational personnel; requiring a district school
  117         board’s decision to retain personnel who have
  118         continuing contracts or professional service contracts
  119         to be primarily based on the employee’s performance;
  120         deleting requirements that school board decisions for
  121         workforce reductions be based on collective bargaining
  122         agreements; deleting requirements for district school
  123         board rules for workforce reduction; creating s.
  124         1012.335, F.S.; providing definitions; providing
  125         employment criteria for newly hired classroom
  126         teachers; providing grounds for termination; requiring
  127         that the State Board of Education adopt rules defining
  128         the term “just cause”; providing guidelines for such
  129         term; amending s. 1012.34, F.S.; revising provisions
  130         related to the appraisal of instructional personnel
  131         and school-based administrators; requiring that the
  132         Department of Education approve school district
  133         appraisal instruments; requiring the Department of
  134         Education to collect appraisal information from school
  135         districts and to report information; providing
  136         requirements for appraisal systems; authorizing an
  137         employee to request that a district school
  138         superintendent review an unsatisfactory performance
  139         appraisal; conforming provisions to changes made by
  140         the act; amending s. 1012.42, F.S.; prohibiting a
  141         district school board from assigning a new teacher to
  142         teach reading, science, or mathematics if he or she is
  143         not certified in those subject areas; repealing s.
  144         1012.52, F.S., relating to legislative intent for
  145         teacher quality; amending s. 1012.56, F.S.; revising
  146         the certification requirements for persons holding a
  147         valid professional standard teaching certificate
  148         issued by another state; requiring that the State
  149         Board of Education review the current subject area
  150         examinations and increase the scores necessary for
  151         achieving certification; authorizing the State Board
  152         of Education to adopt rules to allow certain college
  153         credit to be used to meet certification requirements;
  154         amending s. 1012.585, F.S.; providing for future
  155         expiration of provisions governing certification of
  156         teachers who hold national certification; revising the
  157         renewal requirements for a professional certificate;
  158         providing additional requirements that must be met in
  159         order to renew the certificate; requiring that the
  160         State Board of Education adopt rules for the renewal
  161         of a certificate held by a certificateholder who has
  162         not taught in the classroom; repealing s. 1012.72,
  163         F.S., relating to the Dale Hickam Excellent Teaching
  164         Program; amending s. 1012.79, F.S.; revising the
  165         composition of the Education Practices Commission;
  166         conforming provisions to changes made by the act;
  167         amending s. 1012.795, F.S.; conforming provisions to
  168         changes made by the act; requiring that the Department
  169         of Education submit a report on the cost-effectiveness
  170         of teacher preparation programs to the Governor and
  171         the Legislature by a specified date; specifying the
  172         report requirements; requiring that the Office of
  173         Program Policy Analysis and Government Accountability
  174         submit recommendations to the Legislature relating to
  175         changes in the criteria for the continued approval of
  176         teacher preparation programs; providing effective
  177         dates.
  178  
  179  Be It Enacted by the Legislature of the State of Florida:
  180  
  181         Section 1. Paragraph (t) is added to subsection (2) of
  182  section 39.202, Florida Statutes, to read:
  183         39.202 Confidentiality of reports and records in cases of
  184  child abuse or neglect.—
  185         (2) Except as provided in subsection (4), access to such
  186  records, excluding the name of the reporter which shall be
  187  released only as provided in subsection (5), shall be granted
  188  only to the following persons, officials, and agencies:
  189         (t) Employees or agents of the Department of Education who
  190  are responsible for the investigation or prosecution of
  191  misconduct by certified educators.
  192         Section 2. Paragraph (m) is added to subsection (3) of
  193  section 200.065, Florida Statutes, to read:
  194         200.065 Method of fixing millage.—
  195         (3) The advertisement shall be no less than one-quarter
  196  page in size of a standard size or a tabloid size newspaper, and
  197  the headline in the advertisement shall be in a type no smaller
  198  than 18 point. The advertisement shall not be placed in that
  199  portion of the newspaper where legal notices and classified
  200  advertisements appear. The advertisement shall be published in a
  201  newspaper of general paid circulation in the county or in a
  202  geographically limited insert of such newspaper. The geographic
  203  boundaries in which such insert is circulated shall include the
  204  geographic boundaries of the taxing authority. It is the
  205  legislative intent that, whenever possible, the advertisement
  206  appear in a newspaper that is published at least 5 days a week
  207  unless the only newspaper in the county is published less than 5
  208  days a week, or that the advertisement appear in a
  209  geographically limited insert of such newspaper which insert is
  210  published throughout the taxing authority’s jurisdiction at
  211  least twice each week. It is further the legislative intent that
  212  the newspaper selected be one of general interest and readership
  213  in the community and not one of limited subject matter, pursuant
  214  to chapter 50.
  215         (m) For school districts that have proposed a millage rate
  216  pursuant to s. 1011.626 and propose to levy nonvoted millage,
  217  the advertisement must be in the following form:
  218  
  219                   NOTICE OF PROPOSED TAX INCREASE                 
  220  
  221         The ...(name of school district)... will soon consider a
  222  measure to increase its property tax levy. This increase is
  223  necessary because the district school board violated the law and
  224  failed to adopt a salary schedule that compensates classroom
  225  teachers or school-based administrators on the basis of student
  226  performance rather than years worked; violated the law and
  227  failed to comply with the differentiated pay requirements;
  228  violated the law and failed to adopt end-of-course assessments
  229  to identify student instructional needs, verify what students
  230  have learned, or evaluate the performance of classroom teachers
  231  or school-based administrators; or violated the law and failed
  232  to comply with contracting requirements for classroom teachers.
  233  The district school board’s share of state funds from the
  234  Florida Education Finance Program for ...(fiscal year)... will
  235  be reduced in an amount equivalent to the additional levy
  236  because the school district violated the law. The taxes are
  237  proposed to offset the loss of state funds related to the
  238  following:
  239         Failure to adopt and implement a salary schedule for
  240  performance pay for classroom teachers and school-based
  241  administrators
  242         ................................................$XX,XXX,XXX
  243         Failure to adopt and implement a salary schedule that
  244  complies with differentiated pay requirements
  245         ................................................$XX,XXX,XXX
  246         Failure to adopt and implement end-of-course assessments to
  247  identify student instructional needs, verify what students have
  248  learned, or evaluate the performance of classroom teachers or
  249  school-based administrators
  250         ................................................$XX,XXX,XXX
  251         Failure to comply with contracting requirements for
  252  classroom teachers
  253         ................................................$XX,XXX,XXX
  254         All concerned citizens are invited to a public hearing on
  255  the tax increase to be held on ...(date and time)... at
  256  ...(meeting place)....
  257         A DECISION on the proposed tax increase and the budget will
  258  be made at this hearing.
  259         Section 3. Paragraph (c) of subsection (2) of section
  260  447.403, Florida Statutes, is amended to read:
  261         447.403 Resolution of impasses.—
  262         (2)
  263         (c)If the district school board is the public employer and
  264  an impasse is declared under subsection (1) involving a dispute
  265  of a Merit Award Program plan under s. 1012.225, the dispute is
  266  subject to an expedited impasse hearing. Notwithstanding
  267  subsections (3), (4), and (5), and the rules adopted by the
  268  commission, the following procedures shall apply:
  269         1.a.The commission shall furnish the names of seven
  270  special magistrates within 5 days after receiving notice of
  271  impasse. If the parties are unable to agree upon a special
  272  magistrate within 5 days after the date of the letter
  273  transmitting the list of choices, the commission shall
  274  immediately appoint a special magistrate. The special magistrate
  275  shall set the hearing, which shall be held no later than 15 days
  276  after the date of appointment of the special magistrate. Within
  277  5 days after the date of appointment of a special magistrate,
  278  each party shall serve upon the special magistrate and upon each
  279  other party a written list of issues at impasse.
  280         b.At the close of the hearing, the parties shall summarize
  281  their arguments and may provide a written memorandum in support
  282  of their positions.
  283         c.Within 10 days after the close of the hearing, the
  284  special magistrate shall transmit a recommended decision to the
  285  commission and the parties.
  286         d.The recommended decision of the special magistrate shall
  287  be deemed accepted by the parties, except as to those
  288  recommendations that a party specifically rejects, by filing a
  289  written notice with the commission and serving a copy on the
  290  other party within 5 days after the date of the recommended
  291  decision.
  292         2.If a party rejects any part of the recommended decision
  293  of the special magistrate, the parties shall proceed directly to
  294  resolution of the impasse by the district school board pursuant
  295  to paragraph (4)(d).
  296         Section 4. Paragraph (c) is added to subsection (16) of
  297  section 1002.33, Florida Statutes, paragraph (a) of subsection
  298  (20) of that section is amended, present subsection (26) of that
  299  section is redesignated as subsection (27), and a new subsection
  300  (26) is added to that section, to read:
  301         1002.33 Charter schools.—
  302         (16) EXEMPTION FROM STATUTES.—
  303         (c) A charter school shall also comply with the following:
  304         1. A charter school may not award a professional service
  305  contract or similar contract to a classroom teacher hired on or
  306  after July 1, 2010.
  307         2. Beginning with the 2014-2015 school year and thereafter,
  308  a charter school must adopt a salary schedule for classroom
  309  teachers and school-based administrators which bases more than
  310  50 percent of each employee’s compensation on student learning
  311  gains as measured by state assessments required under s.
  312  1008.22; examinations in AP, IB, AICE, or a national industry
  313  certification identified in the Industry Certified Funding List
  314  adopted by rules of the State Board of Education; district
  315  assessments for subject areas or grade levels as required under
  316  s. 1008.222; or charter school assessments that meet the
  317  requirements of s. 1008.222. A charter school may not use length
  318  of service or degrees held by the classroom teacher or school
  319  based administrator as a factor in setting the salary schedule.
  320         3. A charter school must adopt, acquire, and implement
  321  state assessments or end-of-course assessments as described in
  322  subparagraph 2. and meet the requirements of s. 1008.222 with
  323  respect to district or charter assessments.
  324         4. A charter school must maintain the security and
  325  integrity of state or end-of-course assessments described in
  326  subparagraph 2.
  327         (20) SERVICES.—
  328         (a) A sponsor shall provide certain administrative and
  329  educational services to charter schools. These services shall
  330  include contract management services; full-time equivalent and
  331  data reporting services; exceptional student education
  332  administration services; services related to eligibility and
  333  reporting duties required to ensure that school lunch services
  334  under the federal lunch program, consistent with the needs of
  335  the charter school, are provided by the school district at the
  336  request of the charter school, that any funds due to the charter
  337  school under the federal lunch program be paid to the charter
  338  school as soon as the charter school begins serving food under
  339  the federal lunch program, and that the charter school is paid
  340  at the same time and in the same manner under the federal lunch
  341  program as other public schools serviced by the sponsor or the
  342  school district; test administration services, including payment
  343  of the costs of state-required or district-required student
  344  assessments; processing of teacher certificate data services;
  345  and information services, including equal access to student
  346  information systems that are used by public schools in the
  347  district in which the charter school is located. Student
  348  performance data for each student in a charter school,
  349  including, but not limited to, FCAT scores, standardized test
  350  scores, previous public school student report cards, and student
  351  performance measures, shall be provided by the sponsor to a
  352  charter school in the same manner provided to other public
  353  schools in the district. A total administrative fee for the
  354  provision of such services shall be calculated based upon up to
  355  5 percent of the available funds defined in paragraph (17)(b)
  356  for all students. However, a sponsor may only withhold up to a
  357  5-percent administrative fee for enrollment for up to and
  358  including 500 students. For charter schools with a population of
  359  501 or more students, the difference between the total
  360  administrative fee calculation and the amount of the
  361  administrative fee withheld may only be used for capital outlay
  362  purposes specified in s. 1013.62(2). Each charter school shall
  363  receive 100 percent of the funds awarded to that school pursuant
  364  to s. 1012.225. Sponsors shall not charge charter schools any
  365  additional fees or surcharges for administrative and educational
  366  services in addition to the maximum 5-percent administrative fee
  367  withheld pursuant to this paragraph.
  368         (26) COMPLIANCE.—By September 15 of each year, each charter
  369  school governing board shall certify to the Commissioner of
  370  Education that its school meets the requirements in paragraph
  371  (16)(c). The commissioner shall verify compliance with paragraph
  372  (16)(c) by selecting a sample of charter schools each year to
  373  provide information to determine compliance. On or before
  374  October 1 of each year, a selected charter school must submit
  375  the requested information to the commissioner. On or before
  376  December 15 of each year, the commissioner shall complete a
  377  review of each selected charter school for that school year,
  378  determine compliance with paragraph (16)(c), and notify each
  379  charter school governing board and sponsor if the charter school
  380  is not in compliance with paragraph (16)(c). The commissioner
  381  shall certify the charter schools that do not comply with
  382  paragraph (16)(c) to the Governor, the President of the Senate,
  383  and the Speaker of the House of Representative on or before
  384  February 15 of each year. On or before May 1, each certified
  385  charter school must pay a fine to the Department of Education in
  386  an amount equal to 5 percent of the salaries of instructional
  387  personnel and school-based administrators for the charter school
  388  for that fiscal year as reported in the annual financial report
  389  required by rule of the State Board of Education. The amount of
  390  the fine may not be paid from funds appropriated by the
  391  Legislature. The Department of Education shall transfer the
  392  amount of the fine to the state for deposit into the General
  393  Revenue Fund.
  394         Section 5. Subsection (10) of section 1003.52, Florida
  395  Statutes, is amended to read:
  396         1003.52 Educational services in Department of Juvenile
  397  Justice programs.—
  398         (10) The district school board shall recruit and train
  399  teachers who are interested, qualified, or experienced in
  400  educating students in juvenile justice programs. Students in
  401  juvenile justice programs shall be provided a wide range of
  402  educational programs and opportunities including textbooks,
  403  technology, instructional support, and other resources available
  404  to students in public schools. Teachers assigned to educational
  405  programs in juvenile justice settings in which the district
  406  school board operates the educational program shall be selected
  407  by the district school board in consultation with the director
  408  of the juvenile justice facility. Educational programs in
  409  juvenile justice facilities shall have access to the substitute
  410  teacher pool utilized by the district school board. Full-time
  411  teachers working in juvenile justice schools, whether employed
  412  by a district school board or a provider, shall be eligible for
  413  the critical teacher shortage tuition reimbursement program as
  414  defined by s. 1009.58 and other teacher recruitment and
  415  retention programs.
  416         Section 6. Section 1003.62, Florida Statutes, is repealed.
  417         Section 7. Paragraphs (g) and (h) of subsection (2) of
  418  section 1003.621, Florida Statutes, are amended to read:
  419         1003.621 Academically high-performing school districts.—It
  420  is the intent of the Legislature to recognize and reward school
  421  districts that demonstrate the ability to consistently maintain
  422  or improve their high-performing status. The purpose of this
  423  section is to provide high-performing school districts with
  424  flexibility in meeting the specific requirements in statute and
  425  rules of the State Board of Education.
  426         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  427  high-performing school district shall comply with all of the
  428  provisions in chapters 1000-1013, and rules of the State Board
  429  of Education which implement these provisions, pertaining to the
  430  following:
  431         (g) Those statutes pertaining to planning and budgeting,
  432  including s. 220.065(3)(m), relating to school district
  433  accountability millage adjustment, and chapter 1011, except s.
  434  1011.62(9)(d), relating to the requirement for a comprehensive
  435  reading plan. A district that is exempt from submitting this
  436  plan shall be deemed approved to receive the research-based
  437  reading instruction allocation.
  438         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  439  differentiated pay and performance-pay policies for school
  440  administrators and instructional personnel, and s. 1012.34,
  441  relating to appraisal procedures and criteria. Professional
  442  service contracts are subject to the provisions of s. ss.
  443  1012.33 and 1012.34. Contracts with classroom teachers hired on
  444  or after July 1, 2010, are subject to s. 1012.335.
  445         Section 8. Section 1003.63, Florida Statutes, is repealed.
  446         Section 9. Paragraph (b) of subsection (4) and subsections
  447  (5) and (6) of section 1004.04, Florida Statutes, are amended to
  448  read:
  449         1004.04 Public accountability and state approval for
  450  teacher preparation programs.—
  451         (4) INITIAL STATE PROGRAM APPROVAL.—
  452         (b) Each teacher preparation program approved by the
  453  Department of Education, as provided for by this section, shall
  454  require students to meet the following as prerequisites for
  455  admission into the program:
  456         1. Have a grade point average of at least 2.5 on a 4.0
  457  scale for the general education component of undergraduate
  458  studies or have completed the requirements for a baccalaureate
  459  degree with a minimum grade point average of 2.5 on a 4.0 scale
  460  from any college or university accredited by a regional
  461  accrediting association as defined by State Board of Education
  462  rule or any college or university otherwise approved pursuant to
  463  State Board of Education rule.
  464         2. Demonstrate mastery of general knowledge, including the
  465  ability to read, write, and compute, by passing the General
  466  Knowledge Test of the Florida Teacher Certification Examination,
  467  the College Level Academic Skills Test, a corresponding
  468  component of the National Teachers Examination series, or a
  469  similar test pursuant to rules of the State Board of Education.
  470  
  471  Each teacher preparation program may waive these admissions
  472  requirements for up to 10 percent of the students admitted.
  473  Programs shall implement strategies to ensure that students
  474  admitted under a waiver receive assistance to demonstrate
  475  competencies to successfully meet requirements for
  476  certification.
  477         (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
  478  (4), failure by a public or nonpublic teacher preparation
  479  program to meet the criteria for continued program approval
  480  shall result in loss of program approval. The Department of
  481  Education, in collaboration with the departments and colleges of
  482  education, shall develop procedures for continued program
  483  approval that document the continuous improvement of program
  484  processes and graduates’ performance.
  485         (a) Continued approval of specific teacher preparation
  486  programs at each public and nonpublic postsecondary educational
  487  institution within the state is contingent upon a determination
  488  by the Department of Education of student learning gains, as
  489  measured by state assessments required under s. 1008.22.
  490         (b)(a) Continued approval of specific teacher preparation
  491  programs at each public and nonpublic postsecondary educational
  492  institution within the state is contingent upon the passing of
  493  the written examination required by s. 1012.56 by at least 90
  494  percent of the graduates of the program who take the
  495  examination. The Department of Education shall annually provide
  496  an analysis of the performance of the graduates of such
  497  institution with respect to the competencies assessed by the
  498  examination required by s. 1012.56.
  499         (c)(b) Additional criteria for continued program approval
  500  for public institutions may be approved by the State Board of
  501  Education. Such criteria must emphasize instruction in classroom
  502  management and must provide for the evaluation of the teacher
  503  candidates’ performance in this area. The criteria shall also
  504  require instruction in working with underachieving students.
  505  Program evaluation procedures must include, but are not limited
  506  to, program graduates’ satisfaction with instruction and the
  507  program’s responsiveness to local school districts. Additional
  508  criteria for continued program approval for nonpublic
  509  institutions shall be developed in the same manner as for public
  510  institutions; however, such criteria must be based upon
  511  significant, objective, and quantifiable graduate performance
  512  measures. Responsibility for collecting data on outcome measures
  513  through survey instruments and other appropriate means shall be
  514  shared by the postsecondary educational institutions and the
  515  Department of Education. By January 1 of each year, the
  516  Department of Education shall report this information for each
  517  postsecondary educational institution that has state-approved
  518  programs of teacher education to the Governor, the State Board
  519  of Education, the Board of Governors, the Commissioner of
  520  Education, the President of the Senate, the Speaker of the House
  521  of Representatives, all Florida postsecondary teacher
  522  preparation programs, and interested members of the public. This
  523  report must analyze the data and make recommendations for
  524  improving teacher preparation programs in the state.
  525         (d)(c) Continued approval for a teacher preparation program
  526  is contingent upon the results of periodic reviews, on a
  527  schedule established by the State Board of Education, of the
  528  program conducted by the postsecondary educational institution,
  529  using procedures and criteria outlined in an institutional
  530  program evaluation plan approved by the Department of Education,
  531  which must include the program’s review of and response to the
  532  effect of its candidates and graduates on K-12 student learning.
  533  This plan must also incorporate and respond to the criteria
  534  established in paragraphs (a) and (b) and (c) and include
  535  provisions for involving primary stakeholders, such as program
  536  graduates, district school personnel, classroom teachers,
  537  principals, community agencies, and business representatives in
  538  the evaluation process. Upon request by an institution, the
  539  department shall provide assistance in developing, enhancing, or
  540  reviewing the institutional program evaluation plan and training
  541  evaluation team members.
  542         (e)(d) Continued approval for a teacher preparation program
  543  is contingent upon standards being in place that are designed to
  544  adequately prepare elementary, middle, and high school teachers
  545  to instruct their students in reading and higher-level
  546  mathematics concepts and in the use of technology at the
  547  appropriate grade level.
  548         (f)(e) Continued approval of teacher preparation programs
  549  is contingent upon compliance with the student admission
  550  requirements of subsection (4) and upon the receipt of at least
  551  a satisfactory rating from public schools and private schools
  552  that employ graduates of the program. Each teacher preparation
  553  program shall guarantee the high quality of its graduates during
  554  the first 2 years immediately following graduation from the
  555  program or following the graduate’s initial certification,
  556  whichever occurs first. Any educator in a Florida school who
  557  fails to demonstrate student learning gains the essential skills
  558  as specified in paragraph (a) subparagraphs 1.-5. shall be
  559  provided additional training by the teacher preparation program
  560  at no expense to the educator or the employer. Such training
  561  must consist of an individualized plan agreed upon by the school
  562  district and the postsecondary educational institution that
  563  includes specific learning outcomes. The postsecondary
  564  educational institution assumes no responsibility for the
  565  educator’s employment contract with the employer. Employer
  566  satisfaction shall be determined by an annually administered
  567  survey instrument approved by the Department of Education that,
  568  at a minimum, must include employer satisfaction of the
  569  graduates’ ability to do the following:
  570         1. Write and speak in a logical and understandable style
  571  with appropriate grammar.
  572         2. Recognize signs of students’ difficulty with the reading
  573  and computational process and apply appropriate measures to
  574  improve students’ reading and computational performance.
  575         3. Use and integrate appropriate technology in teaching and
  576  learning processes.
  577         4. Demonstrate knowledge and understanding of Sunshine
  578  State Standards.
  579         5. Maintain an orderly and disciplined classroom conducive
  580  to student learning.
  581         (g)(f)1. Each Florida public and private institution that
  582  offers a state-approved teacher preparation program must
  583  annually report information regarding these programs to the
  584  state and the general public. This information shall be reported
  585  in a uniform and comprehensible manner that is consistent with
  586  definitions and methods approved by the Commissioner of the
  587  National Center for Educational Statistics and that is approved
  588  by the State Board of Education. This information must include,
  589  at a minimum:
  590         a. The percent of graduates obtaining full-time teaching
  591  employment within the first year of graduation.
  592         b. The average length of stay of graduates in their full
  593  time teaching positions.
  594         c. The percentage of graduates whose students achieved
  595  learning gains, as specified in paragraph (a). For purposes of
  596  this paragraph, the information shall include the percentage of
  597  the students taught per graduate who achieved learning gains.
  598  Satisfaction ratings required in paragraph (e).
  599         2. Each public and private institution offering training
  600  for school readiness related professions, including training in
  601  the fields of child care and early childhood education, whether
  602  offering career credit, associate in applied science degree
  603  programs, associate in science degree programs, or associate in
  604  arts degree programs, shall annually report information
  605  regarding these programs to the state and the general public in
  606  a uniform and comprehensible manner that conforms with
  607  definitions and methods approved by the State Board of
  608  Education. This information must include, at a minimum:
  609         a. Average length of stay of graduates in their teaching
  610  positions.
  611         b. The percent of graduates obtaining full-time teaching
  612  employment within the first year of graduation. Satisfaction
  613  ratings of graduates’ employers.
  614  
  615  This information shall be reported through publications,
  616  including college and university catalogs and promotional
  617  materials sent to potential applicants, secondary school
  618  guidance counselors, and prospective employers of the
  619  institution’s program graduates.
  620         (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary
  621  instructors, school district personnel and instructional
  622  personnel, and school sites preparing instructional personnel
  623  through preservice field experience courses and internships
  624  shall meet special requirements. District school boards are
  625  authorized to pay student teachers during their internships.
  626         (a) All instructors in postsecondary teacher preparation
  627  programs who instruct or supervise preservice field experiences,
  628  preservice experience courses, or internships shall have at
  629  least one of the following: specialized training in clinical
  630  supervision; a valid professional teaching certificate issued
  631  under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
  632  of successful teaching experience in prekindergarten through
  633  grade 12.
  634         (b) All school district personnel and instructional
  635  personnel who supervise or direct teacher preparation students
  636  during field experience courses or internships must have
  637  evidence of “clinical educator” training and must successfully
  638  demonstrate effective classroom management strategies that
  639  consistently result in improved student performance. The State
  640  Board of Education shall approve the training requirements.
  641         (c) Preservice field experience programs must provide for
  642  continuous student participation in K-12 classroom settings with
  643  supervised instruction of K-12 students. All preservice field
  644  experience programs must provide specific guidance and
  645  demonstration of effective classroom management strategies,
  646  strategies for incorporating technology into classroom
  647  instruction, strategies for incorporating scientifically
  648  researched, knowledge-based reading literacy and computational
  649  skills acquisition into classroom instruction, and ways to link
  650  instructional plans to the Sunshine State Standards, as
  651  appropriate. The length of structured field experiences may be
  652  extended to ensure that candidates achieve the competencies
  653  needed to meet certification requirements.
  654         (d) Postsecondary teacher preparation programs, in
  655  consultation cooperation with district school boards and
  656  approved private school associations, shall select the school
  657  sites for preservice field experience activities based on the
  658  instructional skills of the instructor or supervisor with whom
  659  the teaching candidate is placed, as demonstrated by the
  660  instructor’s or supervisor’s sustained student learning gains as
  661  specified in paragraph (5)(a). These sites must represent the
  662  full spectrum of school communities, including, but not limited
  663  to, schools located in urban settings. In order to be selected,
  664  school sites must demonstrate commitment to the education of
  665  public school students and to the preparation of future
  666  teachers.
  667         Section 10. Subsections (11) and (12) of section 1004.04,
  668  Florida Statutes, are repealed.
  669         Section 11. Paragraph (b) of subsection (3) and subsections
  670  (4) and (5) of section 1004.85, Florida Statutes, are amended to
  671  read:
  672         1004.85 Postsecondary educator preparation institutes.—
  673         (3) Educator preparation institutes approved pursuant to
  674  this section may offer alternative certification programs
  675  specifically designed for noneducation major baccalaureate
  676  degree holders to enable program participants to meet the
  677  educator certification requirements of s. 1012.56. Such programs
  678  shall be competency-based educator certification preparation
  679  programs that prepare educators through an alternative route. An
  680  educator preparation institute choosing to offer an alternative
  681  certification program pursuant to the provisions of this section
  682  must implement a program previously approved by the Department
  683  of Education for this purpose or a program developed by the
  684  institute and approved by the department for this purpose.
  685  Approved programs shall be available for use by other approved
  686  educator preparation institutes.
  687         (b) Each program participant must:
  688         1. Meet certification requirements pursuant to s.
  689  1012.56(1) and (2) by obtaining a statement of status of
  690  eligibility prior to admission into the program which indicates
  691  eligibility for a temporary certificate in a teaching subject
  692  and meet the requirements of s. 1012.56(2)(a)-(f).
  693         2. Participate in field experience that is appropriate to
  694  his or her educational plan.
  695         3. Demonstrate mastery of general knowledge by one of the
  696  options provided in s. 1012.56(3) prior to completion of the
  697  program.
  698         4.3. Fully demonstrate his or her ability to teach the
  699  subject area for which he or she is seeking certification
  700  through field experiences and by achievement of a passing score
  701  on the corresponding subject area test prior to completion of
  702  the program and demonstrate mastery of professional preparation
  703  and education competence by achievement of a passing score on
  704  the professional education competency examination required by
  705  state board rule prior to completion of the program.
  706         (4) Each alternative certification program institute
  707  approved pursuant to this section shall submit to the Department
  708  of Education annual performance evaluations that measure the
  709  effectiveness of the programs, including the pass rates of
  710  participants on all examinations required for teacher
  711  certification, employment rates, longitudinal retention rates,
  712  and a review of the impact that participants who have completed
  713  the program have on K-12 student learning and employer
  714  satisfaction surveys. The employer satisfaction surveys must be
  715  designed to measure the sufficient preparation of the educator
  716  to enter the classroom. These evaluations and evidence of
  717  student learning gains, as measured by state assessments
  718  required under s. 1008.22, shall be used by the Department of
  719  Education for purposes of continued approval of an educator
  720  preparation institute’s alternative certification program.
  721         (5) Instructors for an alternative certification program
  722  approved pursuant to this section must meet the requirements of
  723  s. 1004.04(6) possess a master’s degree in education or a
  724  master’s degree in an appropriate related field and document
  725  teaching experience.
  726         Section 12. Section 1008.222, Florida Statutes, is created
  727  to read:
  728         1008.222Development and implementation of end-of-course
  729  assessments of certain subject areas and grade levels.—
  730         (1) Each school district must develop or acquire a valid
  731  and reliable end-of-course assessment for each subject area and
  732  grade level not measured by state assessments required under s.
  733  1008.22 or by examinations in AP, IB, AICE, or a national
  734  industry certification identified in the Industry Certified
  735  Funding List pursuant to rules adopted by the State Board of
  736  Education. The content, knowledge, and skills assessed by end
  737  of-course assessments for each school district must be aligned
  738  to the core curricular content established in the Sunshine State
  739  Standards.
  740         (2)(a)Beginning with the 2013-2014 school year, each
  741  school district must require that each school in the district
  742  administer the district’s standard assessment for each subject
  743  area or grade level, as described in subsection (1).
  744         (b)Each district school superintendent must ensure that
  745  teachers who provide instruction in the same subject or grade
  746  level administer the same end-of-course assessment, as described
  747  in subsection (1). Each school district must adopt policies to
  748  ensure standardized administration and security of the
  749  assessments.
  750         (c) Each district school superintendent is responsible for
  751  implementing standardized assessment security and
  752  administration, the reporting of assessment results, and using
  753  assessment results to comply with provisions of ss.
  754  1012.22(1)(c) and 1012.34. The district school superintendent
  755  shall certify to the Commissioner of Education that the security
  756  of a standardized assessment required under this section is
  757  maintained. If a district school superintendent’s certification
  758  is determined to be invalid through an audit by the Auditor
  759  General or an investigation by the Department of Education, the
  760  superintendent is subject to suspension and removal on the
  761  grounds of misfeasance pursuant to s. 7, Art. IV of the State
  762  Constitution.
  763         (d) The Commissioner of Education shall identify methods to
  764  assist and support districts in the development and acquisition
  765  of assessments required under this section. Methods may include
  766  the development of item banks, facilitation of the sharing of
  767  developed tests among districts, and technical assistance in
  768  best professional practices of test development based on state
  769  adopted curriculum standards, administration, and security.
  770         Section 13. Paragraph (a) of subsection (1) of section
  771  1009.40, Florida Statutes, is amended to read:
  772         1009.40 General requirements for student eligibility for
  773  state financial aid awards and tuition assistance grants.—
  774         (1)(a) The general requirements for eligibility of students
  775  for state financial aid awards and tuition assistance grants
  776  consist of the following:
  777         1. Achievement of the academic requirements of and
  778  acceptance at a state university or community college; a nursing
  779  diploma school approved by the Florida Board of Nursing; a
  780  Florida college, university, or community college which is
  781  accredited by an accrediting agency recognized by the State
  782  Board of Education; any Florida institution the credits of which
  783  are acceptable for transfer to state universities; any career
  784  center; or any private career institution accredited by an
  785  accrediting agency recognized by the State Board of Education.
  786         2. Residency in this state for no less than 1 year
  787  preceding the award of aid or a tuition assistance grant for a
  788  program established pursuant to s. 1009.50, s. 1009.505, s.
  789  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  790  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  791  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
  792  Residency in this state must be for purposes other than to
  793  obtain an education. Resident status for purposes of receiving
  794  state financial aid awards shall be determined in the same
  795  manner as resident status for tuition purposes pursuant to s.
  796  1009.21.
  797         3. Submission of certification attesting to the accuracy,
  798  completeness, and correctness of information provided to
  799  demonstrate a student’s eligibility to receive state financial
  800  aid awards or tuition assistance grants. Falsification of such
  801  information shall result in the denial of any pending
  802  application and revocation of any award or grant currently held
  803  to the extent that no further payments shall be made.
  804  Additionally, students who knowingly make false statements in
  805  order to receive state financial aid awards or tuition
  806  assistance grants commit a misdemeanor of the second degree
  807  subject to the provisions of s. 837.06 and shall be required to
  808  return all state financial aid awards or tuition assistance
  809  grants wrongfully obtained.
  810         Section 14. Section 1009.54, Florida Statutes, is repealed.
  811         Section 15. Section 1009.57, Florida Statutes, is repealed.
  812         Section 16. Section 1009.58, Florida Statutes, is repealed.
  813         Section 17. Section 1009.59, Florida Statutes, is repealed.
  814         Section 18. Paragraph (c) of subsection (2) of section
  815  1009.94, Florida Statutes, is amended to read:
  816         1009.94 Student financial assistance database.—
  817         (2) For purposes of this section, financial assistance
  818  includes:
  819         (c) Any financial assistance provided under s. 1009.50, s.
  820  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  821  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  822  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
  823  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  824         Section 19. Section 1011.626, Florida Statutes, is created
  825  to read:
  826         1011.626School district accountability millage
  827  adjustment.—
  828         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  829  to ensure that every student has a high-quality teacher in his
  830  or her classroom. The Legislature intends therefore, to provide
  831  an additional levy of millage on school districts that fail to
  832  comply with the laws described in this section in order to
  833  increase student achievement, while withholding an amount
  834  equivalent to the revenue generated by the levy of the
  835  additional millage rate from the school district’s state funds
  836  in the Florida Education Finance Program for the fiscal year in
  837  which the millage is levied.
  838         (2)FINDINGS.—The Legislature finds that:
  839         (a)Quality classroom teachers and school-based
  840  administrators are the single greatest indicators of student
  841  achievement.
  842         (b)A school district that fails to reward quality
  843  classroom teachers or school-based administrators on the
  844  performance of their students, and instead rewards these
  845  individuals, in whole or in part, based on the number of years
  846  worked or degrees held, has violated s. 1012.22(1)(c). A school
  847  district’s failure to comply with s. 1012.22(1)(c) fails to
  848  maximize student learning by not providing the appropriate
  849  incentives to attract and retain quality classroom teachers and
  850  school-based administrators. As a result, students are penalized
  851  for the acts or omissions of district school boards or district
  852  school superintendents.
  853         (c)A school district that fails to adopt and implement
  854  assessments that comply with s. 1008.222 frustrates the purpose
  855  of ensuring that each student has a high-quality teacher in his
  856  or her classroom by preventing the determination of the quality
  857  of a classroom teacher or school-based administrator’s
  858  performance.
  859         (d)A school district that fails to comply with s. 1012.335
  860  frustrates the purpose of ensuring that each student has a high
  861  quality teacher in his or her classroom by preventing the school
  862  district from promptly removing a poor-performing classroom
  863  teacher from the classroom and employment.
  864         (3) REVIEW.—
  865         (a)Beginning with the 2014-2015 fiscal year and
  866  thereafter, each district school board must submit the district
  867  adopted salary schedule for the school year and supporting
  868  documentation to the Commissioner of Education for review on or
  869  before October 1 of each year. On or before December 15 of each
  870  year, the commissioner shall complete a review of each salary
  871  schedule submitted for that school year, determine compliance
  872  with s. 1012.22(1)(c), and notify a district school board if the
  873  district salary schedule fails to meet the requirements in s.
  874  1012.22(1)(c). The commissioner shall certify those school
  875  districts that do not comply with s. 1012.22(1)(c) to the
  876  Governor, the President of the Senate, and the Speaker of the
  877  House of Representatives on or before February 15 of each year.
  878         (b)Beginning with the 2013-2014 fiscal year and
  879  thereafter, the Commissioner of Education shall select a
  880  sampling of school district assessments from multiple districts,
  881  and school districts must submit for review the requested
  882  assessments and supporting documentation on or before October 1
  883  of each year. A school district that fails to provide the
  884  requested assessment to the commissioner on or before October 1
  885  of each year is in violation of s. 1008.222. On or before
  886  December 15 of each year, the commissioner shall complete a
  887  review of each selected assessment, determine compliance with s.
  888  1008.222, and notify a district school board if the selected
  889  assessment fails to meet the requirements in s. 1008.222. The
  890  commissioner shall certify those school districts that do not
  891  comply with s. 1008.222 to the Governor, the President of the
  892  Senate, and the Speaker of the House of Representatives on or
  893  before February 15 of each year.
  894         (c) In its financial audit of each school district, the
  895  Auditor General shall review a sample of classroom teacher
  896  contracts and determine compliance with s. 1012.335. The Auditor
  897  General shall document violations of s. 1012.335 and provide the
  898  documentation to the Commissioner of Education on or before
  899  October 1 of each year following the audit. On or before
  900  December 15 of each year, the commissioner shall notify the
  901  Governor, the President of the Senate, the Speaker of the House
  902  of Representatives, and each school district identified in the
  903  audit that has not complied with s. 1012.335.
  904         (4) FAILURE REQUIRING ADDITIONAL MILLAGE.—A district school
  905  board that is certified by the Commissioner of Education as not
  906  in compliance with the law as described in subsection (3) must
  907  levy an additional millage in order to generate revenue in an
  908  amount equal to 5 percent of the salaries for instructional
  909  personnel and school-based administrators for that fiscal year,
  910  as reported in the annual financial report required by rule of
  911  the State Board of Education. A local resolution, ordinance, or
  912  referendum is not required to implement this levy.
  913         (5) CALCULATION OF MILLAGE RATE.—
  914         (a) On or before March 1 of each year, the Commissioner of
  915  Education shall, for each district school board that the
  916  commissioner certifies is not in compliance with the law as
  917  described in subsection (3), calculate and certify to the
  918  district school board the dollar amount that is equal to 5
  919  percent of the salary of the district’s instructional personnel
  920  and school-based administrators for the year of noncompliance,
  921  as described in subsection (4).
  922         (b) The commissioner shall certify to each district school
  923  board the additional local effort that the board must levy in
  924  order to generate the amount of revenue certified pursuant to
  925  paragraph (a). The additional local effort shall be certified at
  926  the same time as the required local effort is certified and the
  927  additional required local effort shall be levied at the same
  928  time as the required local effort is levied. The additional
  929  local effort is exempt from the 90 percent calculation of the
  930  total Florida Education Finance Program entitlement under s.
  931  1011.62(4)(a)1.b. The commissioner shall report the calculated
  932  amount that is equal to 5 percent of the salaries of classroom
  933  teachers and school-based administrators for each fiscal year to
  934  the Governor, the President of the Senate, and the Speaker of
  935  the House of Representatives on or before March 1 of each year.
  936         (6) WITHHOLDING OF STATE FUNDS.—For each school district
  937  that is certified as being in violation of law, as described in
  938  subsection (3), and that is required to levy an additional local
  939  effort, as described in subsection (4), the Commissioner of
  940  Education shall withhold an amount equivalent to the revenue
  941  generated by the levy of the additional local effort from the
  942  school district’s state funds in the Florida Education Finance
  943  Program for the fiscal year in which the millage is levied.
  944         (7) USE OF ADDITIONAL MILLAGE.—The revenue generated by the
  945  levy of the additional millage under this section may be used
  946  only to compensate for the loss of state funding caused by the
  947  failure of the school district to comply with the law as
  948  described in subsection (3).
  949         (8) PUBLIC NOTICE.—
  950         (a) The public notice of proposed property taxes required
  951  in s. 200.065(3)(m) must include a statement that the district
  952  school board violated the law and failed to adopt a salary
  953  schedule that compensates classroom teachers or school-based
  954  administrators on the basis of student performance rather than
  955  years worked; violated the law and failed to comply with the
  956  differentiated pay requirements; violated the law and failed to
  957  adopt end-of-course assessments to identify student
  958  instructional needs, verify what students have learned, or
  959  evaluate the performance of classroom teachers or school-based
  960  administrators; or violated the law and failed to comply with
  961  contracting requirements for classroom teachers, and that the
  962  penalty for noncompliance is to require the district school
  963  board to levy an additional property tax millage in order to
  964  generate revenues equal to the penalty. The notice must also
  965  state that the school district’s share of state funds from the
  966  Florida Education Finance Program will be reduced in an amount
  967  equivalent to the additional levy.
  968         (b) The district school board must include in the notice of
  969  public hearing to adopt its annual budget that it violated the
  970  law and failed to adopt a salary schedule that compensates
  971  classroom teachers or school-based administrators on the basis
  972  of student performance rather than years worked; violated the
  973  law and failed to comply with the differentiated pay
  974  requirements; violated the law and failed to adopt end-of-course
  975  assessments to identify student instructional needs, verify what
  976  students have learned, or evaluate the performance of classroom
  977  teachers or school-based administrators; or violated the law and
  978  failed to comply with contracting requirements for classroom
  979  teachers, and that the district school board is required to levy
  980  an additional rate to compensate for its failure. The district
  981  school board must also provide notice at its public hearing that
  982  the school district’s share of state funds from the Florida
  983  Education Finance Program will be reduced in an amount
  984  equivalent to the additional levy.
  985         (9) RULEMAKING.—The State Board of Education shall adopt
  986  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  987  section, including rules related to the reporting formats,
  988  supporting documentation, and procedures for the review as
  989  described in subsection (3).
  990         Section 20. Subsection (2) of section 1011.69, Florida
  991  Statutes, is amended to read:
  992         1011.69 Equity in School-Level Funding Act.—
  993         (2) Beginning in the 2003-2004 fiscal year, district school
  994  boards shall allocate to schools within the district an average
  995  of 90 percent of the funds generated by all schools and
  996  guarantee that each school receives at least 80 percent of the
  997  funds generated by that school based upon the Florida Education
  998  Finance Program as provided in s. 1011.62 and the General
  999  Appropriations Act, including gross state and local funds,
 1000  discretionary lottery funds, and funds from the school
 1001  district’s current operating discretionary millage levy. Total
 1002  funding for each school shall be recalculated during the year to
 1003  reflect the revised calculations under the Florida Education
 1004  Finance Program by the state and the actual weighted full-time
 1005  equivalent students reported by the school during the full-time
 1006  equivalent student survey periods designated by the Commissioner
 1007  of Education. If the district school board is providing programs
 1008  or services to students funded by federal funds, any eligible
 1009  students enrolled in the schools in the district shall be
 1010  provided federal funds. Only academic performance-based charter
 1011  school districts, pursuant to s. 1003.62, are exempt from the
 1012  provisions of this section.
 1013         Section 21. Subsection (4) of section 1012.05, Florida
 1014  Statutes, is amended to read:
 1015         1012.05 Teacher recruitment and retention.—
 1016         (4) The Department of Education, in cooperation with
 1017  district personnel offices, may shall sponsor virtual job fairs
 1018  a job fair in a central part of the state to match high-quality,
 1019  in-state educators and potential educators and out-of-state
 1020  educators and potential educators with teaching opportunities in
 1021  this state. The Department of Education is authorized to collect
 1022  a job fair registration fee not to exceed $20 per person and a
 1023  booth fee not to exceed $250 per school district or other
 1024  interested participating organization. The revenue from the fees
 1025  shall be used to promote and operate the job fair. Funds may be
 1026  used to purchase promotional items such as mementos, awards, and
 1027  plaques.
 1028         Section 22. Section 1012.07, Florida Statutes, is amended
 1029  to read:
 1030         1012.07 Identification of critical teacher shortage areas.—
 1031         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
 1032  “critical teacher shortage area” means high-need content areas
 1033  applies to mathematics, science, career education, and high
 1034  priority high priority location areas identified by. the State
 1035  Board of Education may identify career education programs having
 1036  critical teacher shortages. The State Board of Education shall
 1037  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
 1038  annually identify other critical teacher shortage areas and high
 1039  priority location areas. The state board must shall also
 1040  consider current and emerging educational requirements and
 1041  workforce demands teacher characteristics such as ethnic
 1042  background, race, and sex in determining critical teacher
 1043  shortage areas. School grade levels may also be designated
 1044  critical teacher shortage areas. Individual district school
 1045  boards may identify and submit other critical teacher shortage
 1046  areas. Such submissions shortages must be aligned to current and
 1047  emerging educational requirements and workforce demands in order
 1048  to be certified to and approved by the State Board of Education.
 1049  High-priority High priority location areas shall be in high
 1050  density, low-economic urban schools, and low-density, low
 1051  economic rural schools, and schools identified as lowest
 1052  performing under s. 1008.33(4)(b) shall include schools which
 1053  meet criteria which include, but are not limited to, the
 1054  percentage of free lunches, the percentage of students under
 1055  Chapter I of the Education Consolidation and Improvement Act of
 1056  1981, and the faculty attrition rate.
 1057         (2) This section shall be implemented only to the extent as
 1058  specifically funded and authorized by law.
 1059         Section 23. Effective July 1, 2014, paragraph (c) of
 1060  subsection (1) of section 1012.22, Florida Statutes, is amended
 1061  to read:
 1062         1012.22 Public school personnel; powers and duties of the
 1063  district school board.—The district school board shall:
 1064         (1) Designate positions to be filled, prescribe
 1065  qualifications for those positions, and provide for the
 1066  appointment, compensation, promotion, suspension, and dismissal
 1067  of employees as follows, subject to the requirements of this
 1068  chapter:
 1069         (c) Compensation and salary schedules.—
 1070         1. Except as provided in subparagraphs 2., 4., and 5., the
 1071  district school board shall adopt a salary schedule that
 1072  compensates employees based on their performance. The district
 1073  school board shall adopt a salary schedule or salary schedules
 1074  designed to furnish incentives for improvement in training and
 1075  for continued efficient service to be used as a basis for paying
 1076  all school employees and fix and authorize the compensation of
 1077  school employees on the basis thereof.
 1078         2. A district school board, in determining the salary
 1079  schedule for instructional personnel and school-based
 1080  administrators, must base more than 50 percent a portion of each
 1081  employee’s compensation on student learning gains, as
 1082  established by rule of the State Board of Education and as
 1083  described in s. 1012.34(3)(a)1. for instructional personnel and
 1084  s. 1012.34(3)(a)3. for school-based administrators. The
 1085  remainder of each employee’s compensation shall be based on
 1086  performance demonstrated under s. 1012.34(3)(a)2. for
 1087  instructional personnel and s. 1012.34(3)(a)4. for school-based
 1088  administrators s. 1012.34, must consider the prior teaching
 1089  experience of a person who has been designated state teacher of
 1090  the year by any state in the United States, and must consider
 1091  prior professional experience in the field of education gained
 1092  in positions in addition to district level instructional and
 1093  administrative positions.
 1094         3. In developing the salary schedule, the district school
 1095  board shall seek input from parents, teachers, and
 1096  representatives of the business community.
 1097         4. Beginning with the 2007-2008 academic year, Each
 1098  district school board shall adopt a salary schedule with
 1099  differentiated pay for both instructional personnel and school
 1100  based administrators. The salary schedule is subject to
 1101  negotiation as provided in chapter 447 and must allow
 1102  differentiated pay based on the following:
 1103         a. Assignment to a school in a high-priority location area,
 1104  as defined in State Board of Education rule, with continued
 1105  differentiated pay contingent upon documentation of student
 1106  learning gains as described in subparagraph 2.;
 1107         b. Certification and teaching in critical teacher shortage
 1108  areas, as defined in State Board of Education rule, with
 1109  continued differentiated pay contingent upon documentation of
 1110  student learning gains as described in subparagraph 2.; and
 1111         c. Assignment of additional academic responsibilities, with
 1112  continued differentiated pay contingent upon documentation of
 1113  student learning gains as described in subparagraph 2.
 1114         5.A district school board shall adopt a salary schedule
 1115  for the following:
 1116         a. A beginning teacher. For purposes of this subparagraph,
 1117  a beginning teacher is a classroom teacher as defined in s.
 1118  1012.01(2)(a) who has no prior K-12 teaching experience.
 1119         b. A teacher who holds a valid professional standard
 1120  certificate issued by another state and who is hired by the
 1121  district school board.
 1122         c. A teacher who holds a valid professional certificate
 1123  issued pursuant to s. 1012.56, who has not taught in the
 1124  classroom at any time during the previous certification period,
 1125  and who is hired by the district school board.
 1126  
 1127  The salary schedule in subparagraph 5. shall be in effect for
 1128  the first year that the teacher provides instruction in a
 1129  Florida K-12 classroom. Thereafter, the teacher is subject to
 1130  the salary schedule adopted pursuant to subparagraph 2. A
 1131  district school board may not use length of service or degrees
 1132  held as a factor in setting a salary schedule. district
 1133  determined factors, including, but not limited to, additional
 1134  responsibilities, school demographics, critical shortage areas,
 1135  and level of job performance difficulties.
 1136         Section 24. Section 1012.225, Florida Statutes, is
 1137  repealed.
 1138         Section 25. Section 1012.2251, Florida Statutes, is
 1139  repealed.
 1140         Section 26. Subsection (5) of section 1012.33, Florida
 1141  Statutes, is amended to read:
 1142         1012.33 Contracts with instructional staff, supervisors,
 1143  and school principals.—
 1144         (5) Should a district school board have to choose from
 1145  among its personnel who are on continuing contracts or
 1146  professional service contracts as to which should be retained,
 1147  such decisions shall be based primarily upon the employee’s
 1148  performance as provided in s. 1012.34 made pursuant to the terms
 1149  of a collectively bargained agreement, when one exists. If no
 1150  such agreement exists, the district school board shall prescribe
 1151  rules to handle reductions in workforce.
 1152         Section 27. Section 1012.335, Florida Statutes, is created
 1153  to read:
 1154         1012.335 Contracts with classroom teachers hired on or
 1155  after July 1, 2010.—
 1156         (1) DEFINITIONS.—As used in this section, the term:
 1157         (a) “Annual contract” means a contract for a period of no
 1158  longer than 1 school year in which the district school board may
 1159  choose to renew or not renew without cause.
 1160         (b) “Classroom teacher” means a classroom teacher as
 1161  defined in s. 1012.01(2)(a), excluding substitute teachers.
 1162         (c) “Probationary contract” means a contract for a period
 1163  of no longer than 1 school year during which a classroom teacher
 1164  may be dismissed without cause or may resign from the
 1165  contractual position without breach of contract.
 1166         (2) EMPLOYMENT.—
 1167         (a) Beginning July 1, 2010, each person newly hired as a
 1168  classroom teacher by a school district shall receive a
 1169  probationary contract.
 1170         (b) Classroom teachers may receive up to five annual
 1171  contracts in a school district in this state. However, in order
 1172  to obtain an annual contract for the 6th year of teaching and
 1173  thereafter, a classroom teacher must:
 1174         1. Hold a professional certificate as prescribed by s.
 1175  1012.56 and in the rules of the State Board of Education; and
 1176         2. Have been recommended by the district school
 1177  superintendent for the contract and approved by the district
 1178  school board and have received an effective or highly effective
 1179  designation on his or her appraisal pursuant to s. 1012.34.
 1180         (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
 1181  CONTRACT.—A classroom teacher who has an annual contract may be
 1182  suspended or dismissed at any time during the term of the
 1183  contract for just cause as provided in subsection (4). The
 1184  district school board must notify a classroom teacher in writing
 1185  whenever charges are made against the classroom teacher, and the
 1186  district school board may suspend him or her without pay.
 1187  However, if the charges are not sustained, the classroom teacher
 1188  shall be immediately reinstated and his or her back pay shall be
 1189  paid.
 1190         (4) JUST CAUSE.—The State Board of Education shall adopt
 1191  rules to define the term “just cause.” Just cause includes, but
 1192  is not limited to:
 1193         (a) Immorality.
 1194         (b) Misconduct in office.
 1195         (c) Incompetency.
 1196         (d) Gross insubordination.
 1197         (e) Willful neglect of duty.
 1198         (f) Being convicted or found guilty of, or entering a plea
 1199  of guilty to, regardless of adjudication of guilt, any crime
 1200  involving moral turpitude.
 1201         (g) Poor performance as demonstrated by a lack of student
 1202  learning gains, as specified in s. 1012.34.
 1203         Section 28. Section 1012.34, Florida Statutes, is amended
 1204  to read:
 1205         1012.34 Appraisal Assessment procedures and criteria.—
 1206         (1) For the purpose of increasing student achievement by
 1207  improving the quality of instructional, administrative, and
 1208  supervisory services in the public schools of the state, the
 1209  district school superintendent shall establish procedures for
 1210  evaluating assessing the performance of duties and
 1211  responsibilities of all instructional, administrative, and
 1212  supervisory personnel employed by the school district. The
 1213  Department of Education must approve each district’s
 1214  instructional personnel appraisal assessment system and
 1215  appraisal instruments. The Department of Education must approve
 1216  each school-based administrator appraisal system and appraisal
 1217  instruments. The department shall collect from each school
 1218  district the annual performance ratings of all instructional and
 1219  school-based administrative personnel and report the percentage
 1220  of each of these employees receiving each rating category by
 1221  school and by district.
 1222         (2) The following conditions must be considered in the
 1223  design of the district’s instructional personnel appraisal
 1224  assessment system:
 1225         (a) The system must be designed to support high-quality
 1226  instruction and increased academic achievement district and
 1227  school level improvement plans.
 1228         (b) The system must provide appropriate appraisal
 1229  instruments, procedures, and criteria for continuous quality
 1230  improvement of the professional skills of instructional
 1231  personnel.
 1232         (c) The system must include a mechanism to examine
 1233  performance data from multiple sources, which includes giving
 1234  give parents an opportunity to provide input into employee
 1235  performance appraisals assessments when appropriate.
 1236         (d) In addition to addressing generic teaching
 1237  competencies, districts must determine those teaching fields for
 1238  which special procedures and criteria will be developed.
 1239         (e) Each district school board may establish a peer
 1240  assistance process. The plan may provide a mechanism for
 1241  assistance of persons who are placed on performance probation as
 1242  well as offer assistance to other employees who request it.
 1243         (f) Each The district school board shall provide training
 1244  programs that are based upon guidelines provided by the
 1245  Department of Education to ensure that all individuals with
 1246  evaluation responsibilities understand the proper use of the
 1247  appraisal assessment criteria and procedures.
 1248         (g) The system must differentiate among four levels of
 1249  performance: unsatisfactory, needs improvement, effective, and
 1250  highly effective. The Commissioner of Education shall consult
 1251  with performance pay experts and classroom teachers in
 1252  developing the performance levels. Beginning with the 2014-2015
 1253  school year and thereafter, instructional personnel and school
 1254  based administrators may not be rated as effective or highly
 1255  effective if their students fail to demonstrate learning gains.
 1256         (h) The system must include a process for monitoring the
 1257  effective and consistent use of appraisal criteria by
 1258  supervisors and administrators and a process for evaluating the
 1259  effectiveness of the system itself in improving the level of
 1260  instruction and learning in the district’s schools.
 1261         (3) The appraisal assessment procedure for instructional
 1262  personnel and school administrators must be primarily based on
 1263  the performance of students assigned to their classrooms or
 1264  schools, as appropriate. Pursuant to this section, a school
 1265  district’s performance appraisal assessment is not limited to
 1266  basing unsatisfactory performance of instructional personnel and
 1267  school administrators upon student performance, but may include
 1268  other criteria approved to evaluate assess instructional
 1269  personnel and school administrators’ performance, or any
 1270  combination of student performance and other approved criteria.
 1271  The procedures must comply with, but are not limited to, the
 1272  following requirements:
 1273         (a) An appraisal assessment must be conducted for each
 1274  employee at least once a year, except that an appraisal for each
 1275  teacher, as described in s. 1012.22(1)(c)5., must be conducted
 1276  at least twice a year. The assessment must be based upon sound
 1277  educational principles and contemporary research in effective
 1278  educational practices. The assessment must primarily use data
 1279  and indicators of improvement in student performance assessed
 1280  annually as specified in s. 1008.22 and may consider results of
 1281  peer reviews in evaluating the employee’s performance. Student
 1282  performance must be measured by state assessments required under
 1283  s. 1008.22 and by local assessments for subjects and grade
 1284  levels not measured by the state assessment program. The
 1285  appraisal assessment criteria must include, but are not limited
 1286  to, indicators that relate to the following:
 1287         1. Performance of students. For the classroom teacher, the
 1288  learning gains of students assigned to the teacher must comprise
 1289  more than 50 percent of the determination of the classroom
 1290  teacher’s performance. For instructional personnel, who are not
 1291  classroom teachers, the learning gains of students assigned to
 1292  the school must comprise more than 50 percent of the
 1293  determination of the individual’s performance. Student learning
 1294  gains are measured by state assessments required under s.
 1295  1008.22, examinations in AP, IB, AICE, or a national industry
 1296  certification identified in the Industry Certified Funding List
 1297  pursuant to rules adopted by the State Board of Education, or
 1298  district assessments for subject areas and grade levels as
 1299  required under s. 1008.222.
 1300         2. Instructional practice. For instructional personnel,
 1301  performance criteria must be based on the Florida Educator
 1302  Accomplished Practices adopted by the State Board of Education
 1303  by rule, which include:
 1304         a. Ability to maintain appropriate discipline.
 1305         b.3. Knowledge of subject matter. The district school board
 1306  shall make special provisions for evaluating teachers who are
 1307  assigned to teach out-of-field.
 1308         c.4. Ability to plan and deliver effective instruction and
 1309  the effective use of technology in the classroom.
 1310         d.5. Ability to use assessment data and other evidence of
 1311  student learning to design and implement differentiated
 1312  instructional strategies in order to meet individual student
 1313  needs for remediation or acceleration evaluate instructional
 1314  needs.
 1315         e.6. Ability to establish and maintain a positive
 1316  collaborative relationship with students’ families to increase
 1317  student achievement.
 1318         f.7. Other professional competencies, responsibilities, and
 1319  requirements as established by rules of the State Board of
 1320  Education and policies of the district school board.
 1321         3.Instructional leadership performance. For a school-based
 1322  administrator, the learning gains of students assigned to the
 1323  school must comprise more than 50 percent of the determination
 1324  of the school-based administrator’s performance. Student
 1325  learning gains are measured by state assessments required under
 1326  s. 1008.22, examinations in AP, IB, AICE, or a national industry
 1327  certification identified in the Industry Certified Funding List
 1328  pursuant to rules adopted by the State Board of Education, or
 1329  district assessments for subject areas and grade levels as
 1330  required under s. 1008.222.
 1331         4. Instructional leadership practice. For a school-based
 1332  administrator, performance criteria must be based on the Florida
 1333  Principal Leadership Standards adopted by the State Board of
 1334  Education under s. 1012.986, which includes the ability to:
 1335         a. Manage human, financial, and material resources so as to
 1336  maximize the share of resources used for direct instruction, as
 1337  opposed to overhead or other purposes; and
 1338         b. Recruit and retain high-performing teachers.
 1339         (b) All personnel must be fully informed of the criteria
 1340  and procedures associated with the appraisal assessment process
 1341  before the appraisal assessment takes place.
 1342         (c) The individual responsible for supervising the employee
 1343  must evaluate assess the employee’s performance. The evaluator
 1344  must submit a written report of the appraisal assessment to the
 1345  district school superintendent for the purpose of reviewing the
 1346  employee’s contract. The evaluator must submit the written
 1347  report to the employee no later than 10 days after the appraisal
 1348  assessment takes place. The evaluator must discuss the written
 1349  report of the appraisal assessment with the employee. The
 1350  employee shall have the right to initiate a written response to
 1351  the appraisal assessment, and the response shall become a
 1352  permanent attachment to his or her personnel file.
 1353         (d) If an employee is not performing his or her duties in a
 1354  satisfactory manner, the evaluator shall notify the employee in
 1355  writing of such determination. The notice must describe such
 1356  unsatisfactory performance and include notice of the following
 1357  procedural requirements:
 1358         1. Upon delivery of a notice of unsatisfactory performance,
 1359  the evaluator must confer with the employee, make
 1360  recommendations with respect to specific areas of unsatisfactory
 1361  performance, and provide assistance in helping to correct
 1362  deficiencies within a prescribed period of time.
 1363         2.a. If the employee holds an annual contract as provided
 1364  in s. 1012.335, and receives an unsatisfactory performance
 1365  appraisal pursuant to the criteria in subparagraph (a)2., the
 1366  employee may request a review of the appraisal by the district
 1367  school superintendent or his or her designee. The district
 1368  school superintendent may review the employee’s appraisal.
 1369         b. If the employee holds a professional service contract as
 1370  provided in s. 1012.33, the employee shall be placed on
 1371  performance probation and governed by the provisions of this
 1372  section for 90 calendar days following the receipt of the notice
 1373  of unsatisfactory performance to demonstrate corrective action.
 1374  School holidays and school vacation periods are not counted when
 1375  calculating the 90-calendar-day period. During the 90 calendar
 1376  days, the employee who holds a professional service contract
 1377  must be evaluated periodically and apprised of progress achieved
 1378  and must be provided assistance and inservice training
 1379  opportunities to help correct the noted performance
 1380  deficiencies. At any time during the 90 calendar days, the
 1381  employee who holds a professional service contract may request a
 1382  transfer to another appropriate position with a different
 1383  supervising administrator; however, a transfer does not extend
 1384  the period for correcting performance deficiencies.
 1385         c.b. Within 14 days after the close of the 90 calendar
 1386  days, the evaluator must evaluate assess whether the performance
 1387  deficiencies have been corrected and forward a recommendation to
 1388  the district school superintendent. Within 14 days after
 1389  receiving the evaluator’s recommendation, the district school
 1390  superintendent must notify the employee who holds a professional
 1391  service contract in writing whether the performance deficiencies
 1392  have been satisfactorily corrected and whether the district
 1393  school superintendent will recommend that the district school
 1394  board continue or terminate his or her employment contract. If
 1395  the employee wishes to contest the district school
 1396  superintendent’s recommendation, the employee must, within 15
 1397  days after receipt of the district school superintendent’s
 1398  recommendation, submit a written request for a hearing. The
 1399  hearing shall be conducted at the district school board’s
 1400  election in accordance with one of the following procedures:
 1401         (I) A direct hearing conducted by the district school board
 1402  within 60 days after receipt of the written appeal. The hearing
 1403  shall be conducted in accordance with the provisions of ss.
 1404  120.569 and 120.57. A majority vote of the membership of the
 1405  district school board shall be required to sustain the district
 1406  school superintendent’s recommendation. The determination of the
 1407  district school board shall be final as to the sufficiency or
 1408  insufficiency of the grounds for termination of employment; or
 1409         (II) A hearing conducted by an administrative law judge
 1410  assigned by the Division of Administrative Hearings of the
 1411  Department of Management Services. The hearing shall be
 1412  conducted within 60 days after receipt of the written appeal in
 1413  accordance with chapter 120. The recommendation of the
 1414  administrative law judge shall be made to the district school
 1415  board. A majority vote of the membership of the district school
 1416  board shall be required to sustain or change the administrative
 1417  law judge’s recommendation. The determination of the district
 1418  school board shall be final as to the sufficiency or
 1419  insufficiency of the grounds for termination of employment.
 1420         (4) The district school superintendent shall notify the
 1421  department of any instructional personnel who receive two
 1422  consecutive unsatisfactory evaluations and who have been given
 1423  written notice by the district that their employment is being
 1424  terminated or is not being renewed or that the district school
 1425  board intends to terminate, or not renew, their employment. The
 1426  department shall conduct an investigation to determine whether
 1427  action shall be taken against the certificateholder pursuant to
 1428  s. 1012.795(1)(c).
 1429         (5) The district school superintendent shall develop a
 1430  mechanism for evaluating the effective use of appraisal
 1431  assessment criteria and evaluation procedures by administrators
 1432  who are assigned responsibility for evaluating the performance
 1433  of instructional personnel. The use of the appraisal assessment
 1434  and evaluation procedures shall be considered as part of the
 1435  annual appraisal assessment of the administrator’s performance.
 1436  The system must include a mechanism to give parents and teachers
 1437  an opportunity to provide input into the administrator’s
 1438  performance assessment, when appropriate.
 1439         (6) Nothing in this section shall be construed to grant a
 1440  probationary employee a right to continued employment beyond the
 1441  term of his or her contract.
 1442         (7) The district school board shall establish a procedure
 1443  annually reviewing instructional personnel appraisal assessment
 1444  systems to determine compliance with this section. All
 1445  substantial revisions to an approved system must be reviewed and
 1446  approved by the district school board before being used to
 1447  evaluate assess instructional personnel. Upon request by a
 1448  school district, the department shall provide assistance in
 1449  developing, improving, or reviewing an appraisal assessment
 1450  system.
 1451         (8) The State Board of Education shall adopt rules pursuant
 1452  to ss. 120.536(1) and 120.54, that establish uniform guidelines
 1453  for the submission, review, and approval of district procedures
 1454  for the annual appraisal assessment of instructional personnel
 1455  and school-based administrative personnel and that include the
 1456  method of calculating rates of student learning tied to
 1457  differentiated levels of performance as provided for in
 1458  paragraph (2)(g) and criteria for evaluating professional
 1459  performance.
 1460         Section 29. Subsection (3) is added to section 1012.42,
 1461  Florida Statutes, to read:
 1462         1012.42 Teacher teaching out-of-field.—
 1463         (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011
 1464  school year, a district school board shall not assign any
 1465  beginning teacher to teach reading, science, or mathematics if
 1466  he or she is not certified in reading, science, or mathematics.
 1467         Section 30. Section 1012.52, Florida Statutes, is repealed.
 1468         Section 31. Paragraph (c) of subsection (2), subsections
 1469  (5) and (7), paragraph (b) of subsection (9), and subsection
 1470  (17) of section 1012.56, Florida Statutes, are amended to read:
 1471         1012.56 Educator certification requirements.—
 1472         (2) ELIGIBILITY CRITERIA.—To be eligible to seek
 1473  certification, a person must:
 1474         (c) Document receipt of a bachelor’s or higher degree from
 1475  an accredited institution of higher learning, or a nonaccredited
 1476  institution of higher learning that the Department of Education
 1477  has identified as having a quality program resulting in a
 1478  bachelor’s degree, or higher. Each applicant seeking initial
 1479  certification must have attained at least a 2.5 overall grade
 1480  point average on a 4.0 scale in the applicant’s major field of
 1481  study. The applicant may document the required education by
 1482  submitting official transcripts from institutions of higher
 1483  education or by authorizing the direct submission of such
 1484  official transcripts through established electronic network
 1485  systems. The bachelor’s or higher degree may not be required in
 1486  areas approved in rule by the State Board of Education as
 1487  nondegreed areas. The State Board of Education may adopt rules
 1488  that, for purposes of demonstrating completion of certification
 1489  requirements specified in state board rule, allow for the
 1490  acceptance of college course credits recommended by the American
 1491  Council on Education (ACE), as posted on an official ACE
 1492  transcript.
 1493         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
 1494  demonstrating mastery of subject area knowledge are:
 1495         (a) Achievement of passing scores on subject area
 1496  examinations required by state board rule, which may include,
 1497  but need not be limited to, world languages in Arabic, Chinese,
 1498  Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
 1499  Italian, Japanese, Portuguese, Russian, and Spanish;
 1500         (b) Completion of a bachelor’s degree or higher and
 1501  verification of the attainment of an oral proficiency interview
 1502  score above the intermediate level and a written proficiency
 1503  score above the intermediate level on a test administered by the
 1504  American Council on the Teaching of Foreign Languages for which
 1505  there is no Florida-developed examination;
 1506         (c) Completion of the subject area specialization
 1507  requirements specified in state board rule and verification of
 1508  the attainment of the essential subject matter competencies by
 1509  the district school superintendent of the employing school
 1510  district or chief administrative officer of the employing state
 1511  supported or private school for a subject area for which a
 1512  subject area examination has not been developed and required by
 1513  state board rule;
 1514         (d) Completion of the subject area specialization
 1515  requirements specified in state board rule for a subject
 1516  coverage requiring a master’s or higher degree and achievement
 1517  of a passing score on the subject area examination specified in
 1518  state board rule;
 1519         (e) A valid professional standard teaching certificate
 1520  issued by another state and achievement of a passing score on
 1521  the subject areas specified in State Board of Education rule or
 1522  by a full demonstration of mastery of his or her ability to
 1523  teach the subject area for which he or she is seeking
 1524  certification, as provided by rules of the State Board of
 1525  Education; or
 1526         (f) A valid certificate issued by the National Board for
 1527  Professional Teaching Standards or a national educator
 1528  credentialing board approved by the State Board of Education.
 1529  
 1530  The requirement in paragraph (e) must be met within the first
 1531  semester of the first year of teaching under the temporary
 1532  certificate. School districts are encouraged to provide
 1533  mechanisms for those middle school teachers holding only a K-6
 1534  teaching certificate to obtain a subject area coverage for
 1535  middle grades through postsecondary coursework or district add
 1536  on certification.
 1537         (7) TYPES AND TERMS OF CERTIFICATION.—
 1538         (a) The Department of Education shall issue a professional
 1539  certificate for a period not to exceed 5 years to any applicant
 1540  who meets all the requirements outlined in subsection (2).
 1541         (b) The department shall issue a temporary certificate to
 1542  any applicant who meets the following requirements:
 1543         1. Completes the requirements outlined in paragraphs
 1544  (2)(a)-(f); and
 1545         2.a. Completes the subject area content requirements
 1546  specified in state board rule; or
 1547         b. Demonstrates mastery of subject area knowledge pursuant
 1548  to subsection (5); and
 1549         3. Holds an accredited degree or a degree approved by the
 1550  Department of Education at the level required for the subject
 1551  area specialization in state board rule.
 1552         (c) The department shall issue one nonrenewable 2-year
 1553  temporary certificate and one nonrenewable 5-year professional
 1554  certificate to a qualified applicant who holds a bachelor’s
 1555  degree in the area of speech-language impairment to allow for
 1556  completion of a master’s degree program in speech-language
 1557  impairment.
 1558  
 1559  Each temporary certificate is valid for 3 school fiscal years
 1560  and is nonrenewable. However, the requirement in paragraphs
 1561  paragraph (2)(g) and (h) must be met within 1 calendar year of
 1562  the date of employment under the temporary certificate.
 1563  Individuals who are employed under contract at the end of the 1
 1564  calendar year time period may continue to be employed through
 1565  the end of the school year in which they have been contracted. A
 1566  school district shall not employ, or continue the employment of,
 1567  an individual in a position for which a temporary certificate is
 1568  required beyond this time period if the individual has not met
 1569  the requirement of paragraph (2)(g) or paragraph (2)(h). The
 1570  State Board of Education shall adopt rules to allow the
 1571  department to extend the validity period of a temporary
 1572  certificate for 2 years when the requirements for the
 1573  professional certificate, not including the requirement in
 1574  paragraph (2)(g) or paragraph (2)(h), were not completed due to
 1575  the serious illness or injury of the applicant or other
 1576  extraordinary extenuating circumstances. The department shall
 1577  reissue the temporary certificate for 2 additional years upon
 1578  approval by the Commissioner of Education. A written request for
 1579  reissuance of the certificate shall be submitted by the district
 1580  school superintendent, the governing authority of a university
 1581  lab school, the governing authority of a state-supported school,
 1582  or the governing authority of a private school.
 1583         (9) EXAMINATIONS.—
 1584         (b) The State Board of Education shall, by rule, specify
 1585  the examination scores that are required for the issuance of a
 1586  professional certificate and temporary certificate. Such rules
 1587  must define generic subject area and reading instruction
 1588  competencies and must establish uniform evaluation guidelines.
 1589  The State Board of Education shall review the current subject
 1590  area examinations and, if necessary, revise the passing scores
 1591  and reading instruction pursuant to s. 1001.215 required for
 1592  achieving certification in order to match expectations for
 1593  teacher competency in each subject area.
 1594         (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.
 1595  Beginning with the 2003-2004 school year, The Department of
 1596  Education shall conduct a longitudinal study to compare
 1597  performance of certificateholders who are employed in Florida
 1598  school districts. The study shall compare a sampling of
 1599  educators who have qualified for a professional certificate
 1600  since July 1, 2002, based on the following:
 1601         (a) Graduation from a state-approved teacher preparation
 1602  program.
 1603         (b) Completion of a state-approved professional preparation
 1604  and education competency program.
 1605         (c) A valid standard teaching certificate issued by a state
 1606  other than Florida.
 1607  
 1608  The department comparisons shall be made to determine if there
 1609  is any significant difference in the performance of these groups
 1610  of teachers, as measured by their students’ achievement levels
 1611  and learning gains as measured by s. 1008.22.
 1612         Section 32. Paragraph (b) of subsection (2) and subsection
 1613  (5) of section 1012.585, Florida Statutes, are amended, and
 1614  subsection (6) is added to that section, to read:
 1615         1012.585 Process for renewal of professional certificates.—
 1616         (2)
 1617         (b) A teacher with national certification from the National
 1618  Board for Professional Teaching Standards is deemed to meet
 1619  state renewal requirements for the life of the teacher’s
 1620  national certificate in the subject shown on the national
 1621  certificate. A complete renewal application and fee shall be
 1622  submitted. The Commissioner of Education shall notify teachers
 1623  of the renewal application and fee requirements. This paragraph
 1624  expires July 1, 2014.
 1625         (5) The State Board of Education shall adopt rules to allow
 1626  the reinstatement of expired professional certificates. The
 1627  department may reinstate an expired professional certificate if
 1628  the certificateholder:
 1629         (a) Submits an application for reinstatement of the expired
 1630  certificate.
 1631         (b) Documents completion of 6 college credits during the 5
 1632  years immediately preceding reinstatement of the expired
 1633  certificate, completion of 120 inservice points, or a
 1634  combination thereof, in an area specified in paragraph (3)(a).
 1635         (c) Meets the requirements in subsection (6).
 1636         (d)(c) During the 5 years immediately preceding
 1637  reinstatement of the certificate, achieves a passing score on
 1638  the subject area test for each subject to be shown on the
 1639  reinstated certificate.
 1640  
 1641  The requirements of this subsection may not be satisfied by
 1642  subject area tests or college credits completed for issuance of
 1643  the certificate that has expired.
 1644         (6) Beginning with the 2014-2015 school year, the
 1645  requirements for the renewal of a professional certificate shall
 1646  include documentation of effective or highly effective
 1647  performance as demonstrated under s. 1012.34 for each year of
 1648  instructional or administrative performance during the renewal
 1649  period. The State Board of Education shall adopt rules to define
 1650  the process for documenting effective performance under this
 1651  subsection, including equivalent options for individuals who
 1652  have not been evaluated under s. 1012.34. An individual’s
 1653  certificate shall expire if the individual is not able to
 1654  demonstrate effective performance as required under this
 1655  subsection and the rules of the state board. The individual may
 1656  apply to reinstate his or her professional certificate under
 1657  subsection (5).
 1658         Section 33. Section 1012.72, Florida Statutes, is repealed.
 1659         Section 34. Subsection (1) of section 1012.79, Florida
 1660  Statutes, is amended to read:
 1661         1012.79 Education Practices Commission; organization.—
 1662         (1) The Education Practices Commission consists of 25
 1663  members, including 11 8 teachers; 5 administrators, at least one
 1664  of whom may shall represent a private school; 5 7 lay citizens,
 1665  3 5 of whom shall be parents of public school students and who
 1666  are unrelated to public school employees and 2 of whom shall be
 1667  former district school board members; and 4 5 sworn law
 1668  enforcement officials, appointed by the State Board of Education
 1669  from nominations by the Commissioner of Education and subject to
 1670  Senate confirmation. Prior to making nominations, the
 1671  commissioner shall consult with teaching associations, parent
 1672  organizations, law enforcement agencies, and other involved
 1673  associations in the state. In making nominations, the
 1674  commissioner shall attempt to achieve equal geographical
 1675  representation, as closely as possible.
 1676         (a) A teacher member, in order to be qualified for
 1677  appointment:
 1678         1. Must be certified to teach in the state.
 1679         2. Must be a resident of the state.
 1680         3. Must have practiced the profession in this state for at
 1681  least 10 years, with at least 5 years of experience in this
 1682  state immediately preceding the appointment.
 1683         (b) A school administrator member, in order to be qualified
 1684  for appointment:
 1685         1. Must have an endorsement on the educator certificate in
 1686  the area of school administration or supervision.
 1687         2. Must be a resident of the state.
 1688         3. Must have practiced the profession as an administrator
 1689  for at least 5 years immediately preceding the appointment.
 1690         (c) The lay members must be residents of the state.
 1691         (d) The law enforcement official members must have served
 1692  in the profession for at least 5 years immediately preceding
 1693  appointment and have background expertise in child safety.
 1694         Section 35. Paragraph (h) of subsection (1) of section
 1695  1012.795, Florida Statutes, is amended to read:
 1696         1012.795 Education Practices Commission; authority to
 1697  discipline.—
 1698         (1) The Education Practices Commission may suspend the
 1699  educator certificate of any person as defined in s. 1012.01(2)
 1700  or (3) for up to 5 years, thereby denying that person the right
 1701  to teach or otherwise be employed by a district school board or
 1702  public school in any capacity requiring direct contact with
 1703  students for that period of time, after which the holder may
 1704  return to teaching as provided in subsection (4); may revoke the
 1705  educator certificate of any person, thereby denying that person
 1706  the right to teach or otherwise be employed by a district school
 1707  board or public school in any capacity requiring direct contact
 1708  with students for up to 10 years, with reinstatement subject to
 1709  the provisions of subsection (4); may revoke permanently the
 1710  educator certificate of any person thereby denying that person
 1711  the right to teach or otherwise be employed by a district school
 1712  board or public school in any capacity requiring direct contact
 1713  with students; may suspend the educator certificate, upon an
 1714  order of the court or notice by the Department of Revenue
 1715  relating to the payment of child support; or may impose any
 1716  other penalty provided by law, if the person:
 1717         (h) Has breached a contract, as provided in s. 1012.33(2)
 1718  or s. 1012.335.
 1719         Section 36. Review of teacher preparation program funding.—
 1720         (1) The Department of Education, in collaboration with the
 1721  Board of Governors, shall develop a methodology to determine the
 1722  cost-effectiveness of the teacher preparation programs in ss.
 1723  1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
 1724  methodology for determining program costs must use existing
 1725  expenditure data, when available.
 1726         (2) On or before December 1, 2011, the Department of
 1727  Education shall submit a report to the Governor, the President
 1728  of the Senate, and the Speaker of the House of Representatives
 1729  which:
 1730         (a) Provides a methodology to evaluate the cost
 1731  effectiveness of teacher preparation programs based on program
 1732  costs, program outcomes of student cohorts such as completion
 1733  rates, placement rates in teaching jobs, retention rates in the
 1734  classroom, and student achievement and learning gains of
 1735  students taught by graduates;
 1736         (b) Uses the methodology developed to evaluate the cost
 1737  effectiveness of the state’s teacher preparation programs; and
 1738         (c) Provides recommendations that would enhance the
 1739  Legislature’s ability to consider the program’s productivity
 1740  when allocating funds.
 1741         (3) The Office of Program Policy Analysis and Government
 1742  Accountability shall review the current standards for the
 1743  continued approval of teacher preparation programs and make
 1744  recommendations to the Legislature on or before January 1, 2012,
 1745  for any needed changes. Such recommendations shall include
 1746  proposed changes to the allocation of any state funds to teacher
 1747  preparation programs and the students enrolled in these
 1748  programs.
 1749         Section 37. The amendments to ss. 1012.22 and 1012.33,
 1750  Florida Statutes, shall apply to contracts newly entered into,
 1751  extended, or readopted on or after July 1, 2010, and to all
 1752  contracts on or after July 1, 2013.
 1753         Section 38. Except as otherwise expressly provided in this
 1754  act, this act shall take effect July 1, 2010.

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