December 18, 2018
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                CS for SB 6
       
       
       
       By the Committee on Education Pre-K - 12; and Senators Thrasher,
       Gaetz, Detert, Wise, Constantine, Richter, Peaden, and Storms
       
       
       
       581-02795-10                                             20106c1
    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 such information to the
  136         Governor and the Legislature; providing requirements
  137         for appraisal systems; authorizing an employee to
  138         request that a district school superintendent review
  139         an unsatisfactory performance appraisal; conforming
  140         provisions to changes made by the act; amending s.
  141         1012.42, F.S.; prohibiting a district school board
  142         from assigning a new teacher to teach reading,
  143         science, or mathematics if he or she is not certified
  144         in those subject areas; repealing s. 1012.52, F.S.,
  145         relating to legislative intent for teacher quality;
  146         amending s. 1012.56, F.S.; revising the certification
  147         requirements for persons holding a valid professional
  148         standard teaching certificate issued by another state;
  149         providing additional means of demonstrating mastery of
  150         professional preparation and education competence;
  151         requiring that the State Board of Education review the
  152         current subject area examinations and increase the
  153         scores necessary for achieving certification;
  154         authorizing the State Board of Education to adopt
  155         rules to allow certain college credit to be used to
  156         meet certification requirements; amending s. 1012.585,
  157         F.S.; providing for future expiration of provisions
  158         governing certification of teachers who hold national
  159         certification; revising the renewal requirements for a
  160         professional certificate; providing additional
  161         requirements that must be met in order to renew the
  162         certificate; requiring that the State Board of
  163         Education adopt rules for the renewal of a certificate
  164         held by a certificateholder who has not been evaluated
  165         under s. 1012.34, F.S.; repealing s. 1012.72, F.S.,
  166         relating to the Dale Hickam Excellent Teaching
  167         Program; amending s. 1012.79, F.S.; revising the
  168         composition of the Education Practices Commission;
  169         conforming provisions to changes made by the act;
  170         amending s. 1012.795, F.S.; conforming provisions to
  171         changes made by the act; requiring that the Department
  172         of Education submit a report on the cost-effectiveness
  173         of teacher preparation programs to the Governor and
  174         the Legislature by a specified date; specifying the
  175         report requirements; requiring that the Office of
  176         Program Policy Analysis and Government Accountability
  177         submit recommendations to the Legislature relating to
  178         changes in the criteria for the continued approval of
  179         teacher preparation programs; providing for
  180         severability; providing for application of specified
  181         provisions of the act; providing effective dates.
  182  
  183  Be It Enacted by the Legislature of the State of Florida:
  184  
  185         Section 1. Paragraph (t) is added to subsection (2) of
  186  section 39.202, Florida Statutes, to read:
  187         39.202 Confidentiality of reports and records in cases of
  188  child abuse or neglect.—
  189         (2) Except as provided in subsection (4), access to such
  190  records, excluding the name of the reporter which shall be
  191  released only as provided in subsection (5), shall be granted
  192  only to the following persons, officials, and agencies:
  193         (t) Employees or agents of the Department of Education who
  194  are responsible for the investigation or prosecution of
  195  misconduct by certified educators.
  196         Section 2. Paragraph (m) is added to subsection (3) of
  197  section 200.065, Florida Statutes, to read:
  198         200.065 Method of fixing millage.—
  199         (3) The advertisement shall be no less than one-quarter
  200  page in size of a standard size or a tabloid size newspaper, and
  201  the headline in the advertisement shall be in a type no smaller
  202  than 18 point. The advertisement shall not be placed in that
  203  portion of the newspaper where legal notices and classified
  204  advertisements appear. The advertisement shall be published in a
  205  newspaper of general paid circulation in the county or in a
  206  geographically limited insert of such newspaper. The geographic
  207  boundaries in which such insert is circulated shall include the
  208  geographic boundaries of the taxing authority. It is the
  209  legislative intent that, whenever possible, the advertisement
  210  appear in a newspaper that is published at least 5 days a week
  211  unless the only newspaper in the county is published less than 5
  212  days a week, or that the advertisement appear in a
  213  geographically limited insert of such newspaper which insert is
  214  published throughout the taxing authority’s jurisdiction at
  215  least twice each week. It is further the legislative intent that
  216  the newspaper selected be one of general interest and readership
  217  in the community and not one of limited subject matter, pursuant
  218  to chapter 50.
  219         (m) For school districts that have proposed a millage rate
  220  pursuant to s. 1011.626 and propose to levy nonvoted millage,
  221  the advertisement must be in the following form:
  222  
  223                   NOTICE OF PROPOSED TAX INCREASE                 
  224  
  225         The ...(name of school district)... will soon consider a
  226  measure to increase its property tax levy. This increase is
  227  necessary because the district school board violated the law and
  228  failed to adopt a salary schedule that compensates classroom
  229  teachers or school-based administrators on the basis of student
  230  performance; violated the law and failed to comply with the
  231  differentiated pay requirements; violated the law and failed to
  232  adopt end-of-course assessments to identify student
  233  instructional needs, verify what students have learned, or
  234  evaluate the performance of classroom teachers or school-based
  235  administrators; or violated the law and failed to comply with
  236  contracting requirements for classroom teachers. The district
  237  school board’s share of state funds from the Florida Education
  238  Finance Program for ...(fiscal year)... will be reduced in an
  239  amount equivalent to the additional levy because the school
  240  district violated the law. The taxes proposed are $XX,XXX,XXX
  241  for failure to comply with the following, as applicable:
  242         Failure to adopt and implement a salary schedule for
  243  performance pay for classroom teachers and school-based
  244  administrators
  245         ................................................
  246         Failure to adopt and implement a salary schedule that
  247  complies with differentiated pay requirements
  248         ................................................
  249         Failure to adopt and implement end-of-course assessments to
  250  identify student instructional needs, verify what students have
  251  learned, or evaluate the performance of classroom teachers or
  252  school-based administrators
  253         ................................................
  254         Failure to comply with contracting requirements for
  255  classroom teachers
  256         ................................................
  257         All concerned citizens are invited to a public hearing on
  258  the tax increase to be held on ...(date and time)... at
  259  ...(meeting place)....
  260         A DECISION on the proposed tax increase and the budget will
  261  be made at this hearing.
  262         Section 3. Paragraph (c) of subsection (2) of section
  263  447.403, Florida Statutes, is amended to read:
  264         447.403 Resolution of impasses.—
  265         (2)
  266         (c)If the district school board is the public employer and
  267  an impasse is declared under subsection (1) involving a dispute
  268  of a Merit Award Program plan under s. 1012.225, the dispute is
  269  subject to an expedited impasse hearing. Notwithstanding
  270  subsections (3), (4), and (5), and the rules adopted by the
  271  commission, the following procedures shall apply:
  272         1.a.The commission shall furnish the names of seven
  273  special magistrates within 5 days after receiving notice of
  274  impasse. If the parties are unable to agree upon a special
  275  magistrate within 5 days after the date of the letter
  276  transmitting the list of choices, the commission shall
  277  immediately appoint a special magistrate. The special magistrate
  278  shall set the hearing, which shall be held no later than 15 days
  279  after the date of appointment of the special magistrate. Within
  280  5 days after the date of appointment of a special magistrate,
  281  each party shall serve upon the special magistrate and upon each
  282  other party a written list of issues at impasse.
  283         b.At the close of the hearing, the parties shall summarize
  284  their arguments and may provide a written memorandum in support
  285  of their positions.
  286         c.Within 10 days after the close of the hearing, the
  287  special magistrate shall transmit a recommended decision to the
  288  commission and the parties.
  289         d.The recommended decision of the special magistrate shall
  290  be deemed accepted by the parties, except as to those
  291  recommendations that a party specifically rejects, by filing a
  292  written notice with the commission and serving a copy on the
  293  other party within 5 days after the date of the recommended
  294  decision.
  295         2.If a party rejects any part of the recommended decision
  296  of the special magistrate, the parties shall proceed directly to
  297  resolution of the impasse by the district school board pursuant
  298  to paragraph (4)(d).
  299         Section 4. Paragraph (c) is added to subsection (16) of
  300  section 1002.33, Florida Statutes, paragraph (a) of subsection
  301  (20) of that section is amended, present subsection (26) of that
  302  section is redesignated as subsection (27), and a new subsection
  303  (26) is added to that section, to read:
  304         1002.33 Charter schools.—
  305         (16) EXEMPTION FROM STATUTES.—
  306         (c) A charter school shall also comply with the following:
  307         1. A charter school may not award a professional service
  308  contract or similar contract to a classroom teacher hired on or
  309  after July 1, 2010.
  310         2. Beginning with the 2014-2015 school year and thereafter,
  311  a charter school must adopt a salary schedule for classroom
  312  teachers and school-based administrators which bases more than
  313  50 percent of each employee’s compensation on student learning
  314  gains as measured by state assessments required under s.
  315  1008.22; examinations in AP, IB, AICE, or a national industry
  316  certification identified in the Industry Certified Funding List
  317  adopted by rules of the State Board of Education; district
  318  assessments for subject areas or grade levels as required under
  319  s. 1008.222; or charter school assessments that meet the
  320  requirements of s. 1008.222. A charter school may not use length
  321  of service or degrees held by the classroom teacher or school
  322  based administrator as a factor in setting the salary schedule.
  323         3. A charter school must adopt, acquire, and implement
  324  state assessments or end-of-course assessments as described in
  325  subparagraph 2. and meet the requirements of s. 1008.222 with
  326  respect to district or charter assessments.
  327         4. A charter school must maintain the security and
  328  integrity of state or end-of-course assessments described in
  329  subparagraph 2.
  330         (20) SERVICES.—
  331         (a) A sponsor shall provide certain administrative and
  332  educational services to charter schools. These services shall
  333  include contract management services; full-time equivalent and
  334  data reporting services; exceptional student education
  335  administration services; services related to eligibility and
  336  reporting duties required to ensure that school lunch services
  337  under the federal lunch program, consistent with the needs of
  338  the charter school, are provided by the school district at the
  339  request of the charter school, that any funds due to the charter
  340  school under the federal lunch program be paid to the charter
  341  school as soon as the charter school begins serving food under
  342  the federal lunch program, and that the charter school is paid
  343  at the same time and in the same manner under the federal lunch
  344  program as other public schools serviced by the sponsor or the
  345  school district; test administration services, including payment
  346  of the costs of state-required or district-required student
  347  assessments; processing of teacher certificate data services;
  348  and information services, including equal access to student
  349  information systems that are used by public schools in the
  350  district in which the charter school is located. Student
  351  performance data for each student in a charter school,
  352  including, but not limited to, FCAT scores, standardized test
  353  scores, previous public school student report cards, and student
  354  performance measures, shall be provided by the sponsor to a
  355  charter school in the same manner provided to other public
  356  schools in the district. A total administrative fee for the
  357  provision of such services shall be calculated based upon up to
  358  5 percent of the available funds defined in paragraph (17)(b)
  359  for all students. However, a sponsor may only withhold up to a
  360  5-percent administrative fee for enrollment for up to and
  361  including 500 students. For charter schools with a population of
  362  501 or more students, the difference between the total
  363  administrative fee calculation and the amount of the
  364  administrative fee withheld may only be used for capital outlay
  365  purposes specified in s. 1013.62(2). Each charter school shall
  366  receive 100 percent of the funds awarded to that school pursuant
  367  to s. 1012.225. Sponsors shall not charge charter schools any
  368  additional fees or surcharges for administrative and educational
  369  services in addition to the maximum 5-percent administrative fee
  370  withheld pursuant to this paragraph.
  371         (26) COMPLIANCE.—By September 15 of each year, each charter
  372  school governing board shall certify to the Commissioner of
  373  Education that its school meets the requirements in paragraph
  374  (16)(c). The commissioner shall verify compliance with paragraph
  375  (16)(c) by selecting a sample of charter schools each year to
  376  provide information to determine compliance. On or before
  377  October 1 of each year, a selected charter school must submit
  378  the requested information to the commissioner. On or before
  379  December 15 of each year, the commissioner shall complete a
  380  review of each selected charter school for that school year,
  381  determine compliance with paragraph (16)(c), and notify each
  382  charter school governing board and sponsor if the charter school
  383  is not in compliance with paragraph (16)(c). The commissioner
  384  shall certify the charter schools that do not comply with
  385  paragraph (16)(c) to the Governor, the President of the Senate,
  386  and the Speaker of the House of Representative on or before
  387  February 15 of each year. On or before May 1, each certified
  388  charter school must pay a fine to the Department of Education in
  389  an amount equal to 5 percent of the salaries of instructional
  390  personnel and school-based administrators for the charter school
  391  for that fiscal year as reported in the annual financial report
  392  required by rule of the State Board of Education. The amount of
  393  the fine may not be paid from funds appropriated by the
  394  Legislature. The Department of Education shall transfer the
  395  amount of the fine to the state for deposit into the General
  396  Revenue Fund.
  397         Section 5. Subsection (10) of section 1003.52, Florida
  398  Statutes, is amended to read:
  399         1003.52 Educational services in Department of Juvenile
  400  Justice programs.—
  401         (10) The district school board shall recruit and train
  402  teachers who are interested, qualified, or experienced in
  403  educating students in juvenile justice programs. Students in
  404  juvenile justice programs shall be provided a wide range of
  405  educational programs and opportunities including textbooks,
  406  technology, instructional support, and other resources available
  407  to students in public schools. Teachers assigned to educational
  408  programs in juvenile justice settings in which the district
  409  school board operates the educational program shall be selected
  410  by the district school board in consultation with the director
  411  of the juvenile justice facility. Educational programs in
  412  juvenile justice facilities shall have access to the substitute
  413  teacher pool utilized by the district school board. Full-time
  414  teachers working in juvenile justice schools, whether employed
  415  by a district school board or a provider, shall be eligible for
  416  the critical teacher shortage tuition reimbursement program as
  417  defined by s. 1009.58 and other teacher recruitment and
  418  retention programs.
  419         Section 6. Section 1003.62, Florida Statutes, is repealed.
  420         Section 7. Paragraphs (g) and (h) of subsection (2) of
  421  section 1003.621, Florida Statutes, are amended to read:
  422         1003.621 Academically high-performing school districts.—It
  423  is the intent of the Legislature to recognize and reward school
  424  districts that demonstrate the ability to consistently maintain
  425  or improve their high-performing status. The purpose of this
  426  section is to provide high-performing school districts with
  427  flexibility in meeting the specific requirements in statute and
  428  rules of the State Board of Education.
  429         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  430  high-performing school district shall comply with all of the
  431  provisions in chapters 1000-1013, and rules of the State Board
  432  of Education which implement these provisions, pertaining to the
  433  following:
  434         (g) Those statutes pertaining to planning and budgeting,
  435  including s. 220.065(3)(m), relating to school district
  436  accountability millage adjustment, and chapter 1011, except s.
  437  1011.62(9)(d), relating to the requirement for a comprehensive
  438  reading plan. A district that is exempt from submitting this
  439  plan shall be deemed approved to receive the research-based
  440  reading instruction allocation.
  441         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  442  differentiated pay and performance-pay policies for school
  443  administrators and instructional personnel, and s. 1012.34,
  444  relating to appraisal procedures and criteria. Professional
  445  service contracts are subject to the provisions of s. ss.
  446  1012.33 and 1012.34. Contracts with classroom teachers hired on
  447  or after July 1, 2010, are subject to s. 1012.335.
  448         Section 8. Section 1003.63, Florida Statutes, is repealed.
  449         Section 9. Paragraph (b) of subsection (4) and subsections
  450  (5) and (6) of section 1004.04, Florida Statutes, are amended to
  451  read:
  452         1004.04 Public accountability and state approval for
  453  teacher preparation programs.—
  454         (4) INITIAL STATE PROGRAM APPROVAL.—
  455         (b) Each teacher preparation program approved by the
  456  Department of Education, as provided for by this section, shall
  457  require students to meet the following as prerequisites for
  458  admission into the program:
  459         1. Have a grade point average of at least 2.5 on a 4.0
  460  scale for the general education component of undergraduate
  461  studies or have completed the requirements for a baccalaureate
  462  degree with a minimum grade point average of 2.5 on a 4.0 scale
  463  from any college or university accredited by a regional
  464  accrediting association as defined by State Board of Education
  465  rule or any college or university otherwise approved pursuant to
  466  State Board of Education rule.
  467         2. Demonstrate mastery of general knowledge, including the
  468  ability to read, write, and compute, by passing the General
  469  Knowledge Test of the Florida Teacher Certification Examination,
  470  the College Level Academic Skills Test, a corresponding
  471  component of the National Teachers Examination series, or a
  472  similar test pursuant to rules of the State Board of Education.
  473  
  474  Each teacher preparation program may waive these admissions
  475  requirements for up to 10 percent of the students admitted.
  476  Programs shall implement strategies to ensure that students
  477  admitted under a waiver receive assistance to demonstrate
  478  competencies to successfully meet requirements for
  479  certification.
  480         (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
  481  (4), failure by a public or nonpublic teacher preparation
  482  program to meet the criteria for continued program approval
  483  shall result in loss of program approval. The Department of
  484  Education, in collaboration with the departments and colleges of
  485  education, shall develop procedures for continued program
  486  approval that document the continuous improvement of program
  487  processes and graduates’ performance.
  488         (a) Continued approval of specific teacher preparation
  489  programs at each public and nonpublic postsecondary educational
  490  institution within the state is contingent upon a determination
  491  by the Department of Education of student learning gains, as
  492  measured by state assessments required under s. 1008.22.
  493         (b)(a) Continued approval of specific teacher preparation
  494  programs at each public and nonpublic postsecondary educational
  495  institution within the state is contingent upon the passing of
  496  the written examination required by s. 1012.56 by at least 90
  497  percent of the graduates of the program who take the
  498  examination. The Department of Education shall annually provide
  499  an analysis of the performance of the graduates of such
  500  institution with respect to the competencies assessed by the
  501  examination required by s. 1012.56.
  502         (c)(b) Additional criteria for continued program approval
  503  for public institutions may be approved by the State Board of
  504  Education. Such criteria must emphasize instruction in classroom
  505  management and must provide for the evaluation of the teacher
  506  candidates’ performance in this area. The criteria shall also
  507  require instruction in working with underachieving students.
  508  Program evaluation procedures must include, but are not limited
  509  to, program graduates’ satisfaction with instruction and the
  510  program’s responsiveness to local school districts. Additional
  511  criteria for continued program approval for nonpublic
  512  institutions shall be developed in the same manner as for public
  513  institutions; however, such criteria must be based upon
  514  significant, objective, and quantifiable graduate performance
  515  measures. Responsibility for collecting data on outcome measures
  516  through survey instruments and other appropriate means shall be
  517  shared by the postsecondary educational institutions and the
  518  Department of Education. By January 1 of each year, the
  519  Department of Education shall report this information for each
  520  postsecondary educational institution that has state-approved
  521  programs of teacher education to the Governor, the State Board
  522  of Education, the Board of Governors, the Commissioner of
  523  Education, the President of the Senate, the Speaker of the House
  524  of Representatives, all Florida postsecondary teacher
  525  preparation programs, and interested members of the public. This
  526  report must analyze the data and make recommendations for
  527  improving teacher preparation programs in the state.
  528         (d)(c) Continued approval for a teacher preparation program
  529  is contingent upon the results of periodic reviews, on a
  530  schedule established by the State Board of Education, of the
  531  program conducted by the postsecondary educational institution,
  532  using procedures and criteria outlined in an institutional
  533  program evaluation plan approved by the Department of Education,
  534  which must include the program’s review of and response to the
  535  effect of its candidates and graduates on K-12 student learning.
  536  This plan must also incorporate and respond to the criteria
  537  established in paragraphs (a) and (b) and (c) and include
  538  provisions for involving primary stakeholders, such as program
  539  graduates, district school personnel, classroom teachers,
  540  principals, community agencies, and business representatives in
  541  the evaluation process. Upon request by an institution, the
  542  department shall provide assistance in developing, enhancing, or
  543  reviewing the institutional program evaluation plan and training
  544  evaluation team members.
  545         (e)(d) Continued approval for a teacher preparation program
  546  is contingent upon standards being in place that are designed to
  547  adequately prepare elementary, middle, and high school teachers
  548  to instruct their students in reading and higher-level
  549  mathematics concepts and in the use of technology at the
  550  appropriate grade level.
  551         (f)(e) Continued approval of teacher preparation programs
  552  is contingent upon compliance with the student admission
  553  requirements of subsection (4) and upon the receipt of at least
  554  a satisfactory rating from public schools and private schools
  555  that employ graduates of the program. Each teacher preparation
  556  program shall guarantee the high quality of its graduates during
  557  the first 2 years immediately following graduation from the
  558  program or following the graduate’s initial certification,
  559  whichever occurs first. Any educator in a Florida school who
  560  fails to demonstrate student learning gains the essential skills
  561  as specified in paragraph (a) subparagraphs 1.-5. shall be
  562  provided additional training by the teacher preparation program
  563  at no expense to the educator or the employer. Such training
  564  must consist of an individualized plan agreed upon by the school
  565  district and the postsecondary educational institution that
  566  includes specific learning outcomes. The postsecondary
  567  educational institution assumes no responsibility for the
  568  educator’s employment contract with the employer. Employer
  569  satisfaction shall be determined by an annually administered
  570  survey instrument approved by the Department of Education that,
  571  at a minimum, must include employer satisfaction of the
  572  graduates’ ability to do the following:
  573         1. Write and speak in a logical and understandable style
  574  with appropriate grammar.
  575         2. Recognize signs of students’ difficulty with the reading
  576  and computational process and apply appropriate measures to
  577  improve students’ reading and computational performance.
  578         3. Use and integrate appropriate technology in teaching and
  579  learning processes.
  580         4. Demonstrate knowledge and understanding of Sunshine
  581  State Standards.
  582         5. Maintain an orderly and disciplined classroom conducive
  583  to student learning.
  584         (g)(f)1. Each Florida public and private institution that
  585  offers a state-approved teacher preparation program must
  586  annually report information regarding these programs to the
  587  state and the general public. This information shall be reported
  588  in a uniform and comprehensible manner that is consistent with
  589  definitions and methods approved by the Commissioner of the
  590  National Center for Educational Statistics and that is approved
  591  by the State Board of Education. This information must include,
  592  at a minimum:
  593         a. The percent of graduates obtaining full-time teaching
  594  employment within the first year of graduation.
  595         b. The average length of stay of graduates in their full
  596  time teaching positions.
  597         c. The percentage of graduates whose students achieved
  598  learning gains, as specified in paragraph (a). For purposes of
  599  this paragraph, the information shall include the percentage of
  600  the students taught per graduate who achieved learning gains.
  601  Satisfaction ratings required in paragraph (e).
  602         2. Each public and private institution offering training
  603  for school readiness related professions, including training in
  604  the fields of child care and early childhood education, whether
  605  offering career credit, associate in applied science degree
  606  programs, associate in science degree programs, or associate in
  607  arts degree programs, shall annually report information
  608  regarding these programs to the state and the general public in
  609  a uniform and comprehensible manner that conforms with
  610  definitions and methods approved by the State Board of
  611  Education. This information must include, at a minimum:
  612         a. Average length of stay of graduates in their teaching
  613  positions.
  614         b. The percent of graduates obtaining full-time teaching
  615  employment within the first year of graduation. Satisfaction
  616  ratings of graduates’ employers.
  617  
  618  This information shall be reported through publications,
  619  including college and university catalogs and promotional
  620  materials sent to potential applicants, secondary school
  621  guidance counselors, and prospective employers of the
  622  institution’s program graduates.
  623         (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary
  624  instructors, school district personnel and instructional
  625  personnel, and school sites preparing instructional personnel
  626  through preservice field experience courses and internships
  627  shall meet special requirements. District school boards are
  628  authorized to pay student teachers during their internships.
  629         (a) All instructors in postsecondary teacher preparation
  630  programs who instruct or supervise preservice field experiences,
  631  preservice experience courses, or internships shall have at
  632  least one of the following: specialized training in clinical
  633  supervision; a valid professional teaching certificate issued
  634  under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
  635  of successful teaching experience in prekindergarten through
  636  grade 12.
  637         (b) All school district personnel and instructional
  638  personnel who supervise or direct teacher preparation students
  639  during field experience courses or internships must have
  640  evidence of “clinical educator” training and must successfully
  641  demonstrate effective classroom management strategies that
  642  consistently result in improved student performance. The State
  643  Board of Education shall approve the training requirements.
  644         (c) Preservice field experience programs must provide for
  645  continuous student participation in K-12 classroom settings with
  646  supervised instruction of K-12 students. All preservice field
  647  experience programs must provide specific guidance and
  648  demonstration of effective classroom management strategies,
  649  strategies for incorporating technology into classroom
  650  instruction, strategies for incorporating scientifically
  651  researched, knowledge-based reading literacy and computational
  652  skills acquisition into classroom instruction, and ways to link
  653  instructional plans to the Sunshine State Standards, as
  654  appropriate. The length of structured field experiences may be
  655  extended to ensure that candidates achieve the competencies
  656  needed to meet certification requirements.
  657         (d) Postsecondary teacher preparation programs, in
  658  consultation cooperation with district school boards and
  659  approved private school associations, shall select the school
  660  sites for preservice field experience activities based on the
  661  instructional skills of the instructor or supervisor with whom
  662  the teaching candidate is placed, as demonstrated by the
  663  instructor’s or supervisor’s sustained student learning gains as
  664  specified in paragraph (5)(a). These sites must represent the
  665  full spectrum of school communities, including, but not limited
  666  to, schools located in urban settings. In order to be selected,
  667  school sites must demonstrate commitment to the education of
  668  public school students and to the preparation of future
  669  teachers.
  670         Section 10. Subsections (11) and (12) of section 1004.04,
  671  Florida Statutes, are repealed.
  672         Section 11. Paragraph (b) of subsection (3) and subsections
  673  (4) and (5) of section 1004.85, Florida Statutes, are amended to
  674  read:
  675         1004.85 Postsecondary educator preparation institutes.—
  676         (3) Educator preparation institutes approved pursuant to
  677  this section may offer alternative certification programs
  678  specifically designed for noneducation major baccalaureate
  679  degree holders to enable program participants to meet the
  680  educator certification requirements of s. 1012.56. Such programs
  681  shall be competency-based educator certification preparation
  682  programs that prepare educators through an alternative route. An
  683  educator preparation institute choosing to offer an alternative
  684  certification program pursuant to the provisions of this section
  685  must implement a program previously approved by the Department
  686  of Education for this purpose or a program developed by the
  687  institute and approved by the department for this purpose.
  688  Approved programs shall be available for use by other approved
  689  educator preparation institutes.
  690         (b) Each program participant must:
  691         1. Meet certification requirements pursuant to s.
  692  1012.56(1) and (2) by obtaining a statement of status of
  693  eligibility prior to admission into the program which indicates
  694  eligibility for a temporary certificate in a teaching subject
  695  and meet the requirements of s. 1012.56(2)(a)-(f).
  696         2. Participate in field experience that is appropriate to
  697  his or her educational plan.
  698         3. Demonstrate mastery of general knowledge by one of the
  699  options provided in s. 1012.56(3) prior to completion of the
  700  program.
  701         4.3. Fully demonstrate his or her ability to teach the
  702  subject area for which he or she is seeking certification
  703  through field experiences and by achievement of a passing score
  704  on the corresponding subject area test prior to completion of
  705  the program and demonstrate mastery of professional preparation
  706  and education competence by achievement of a passing score on
  707  the professional education competency examination required by
  708  state board rule prior to completion of the program.
  709         (4) Each alternative certification program institute
  710  approved pursuant to this section shall submit to the Department
  711  of Education annual performance evaluations that measure the
  712  effectiveness of the programs, including the pass rates of
  713  participants on all examinations required for teacher
  714  certification, employment rates, longitudinal retention rates,
  715  and a review of the impact that participants who have completed
  716  the program have on K-12 student learning and employer
  717  satisfaction surveys. The employer satisfaction surveys must be
  718  designed to measure the sufficient preparation of the educator
  719  to enter the classroom. These evaluations and evidence of
  720  student learning gains, as measured by state assessments
  721  required under s. 1008.22, shall be used by the Department of
  722  Education for purposes of continued approval of an educator
  723  preparation institute’s alternative certification program.
  724         (5) Instructors for an alternative certification program
  725  approved pursuant to this section must meet the requirements of
  726  s. 1004.04(6) possess a master’s degree in education or a
  727  master’s degree in an appropriate related field and document
  728  teaching experience.
  729         Section 12. Section 1008.222, Florida Statutes, is created
  730  to read:
  731         1008.222Development and implementation of end-of-course
  732  assessments of certain subject areas and grade levels.—
  733         (1) Each school district must develop or acquire a valid
  734  and reliable end-of-course assessment for each subject area and
  735  grade level not measured by state assessments required under s.
  736  1008.22 or by examinations in AP, IB, AICE, or a national
  737  industry certification identified in the Industry Certified
  738  Funding List pursuant to rules adopted by the State Board of
  739  Education. The content, knowledge, and skills assessed by end
  740  of-course assessments for each school district must be aligned
  741  to the core curricular content established in the Sunshine State
  742  Standards.
  743         (2)(a)Beginning with the 2013-2014 school year, each
  744  school district must require that each school in the district
  745  administer the district’s standard assessment for each subject
  746  area or grade level, as described in subsection (1).
  747         (b)Each district school superintendent must ensure that
  748  teachers who provide instruction in the same subject or grade
  749  level administer the same end-of-course assessment, as described
  750  in subsection (1). Each school district must adopt policies to
  751  ensure standardized administration and security of the
  752  assessments.
  753         (c) Each district school superintendent is responsible for
  754  implementing standardized assessment security and
  755  administration, the reporting of assessment results, and using
  756  assessment results to comply with provisions of ss.
  757  1012.22(1)(c) and 1012.34. The district school superintendent
  758  shall certify to the Commissioner of Education that the security
  759  of a standardized assessment required under this section is
  760  maintained. If a district school superintendent’s certification
  761  is determined to be invalid through an audit by the Auditor
  762  General or an investigation by the Department of Education, the
  763  superintendent is subject to suspension and removal on the
  764  grounds of misfeasance pursuant to s. 7, Art. IV of the State
  765  Constitution.
  766         (d) The Commissioner of Education shall identify methods to
  767  assist and support districts in the development and acquisition
  768  of assessments required under this section. Methods may include
  769  the development of item banks, facilitation of the sharing of
  770  developed tests among districts, and technical assistance in
  771  best professional practices of test development based on state
  772  adopted curriculum standards, administration, and security.
  773         Section 13. Paragraph (a) of subsection (1) of section
  774  1009.40, Florida Statutes, is amended to read:
  775         1009.40 General requirements for student eligibility for
  776  state financial aid awards and tuition assistance grants.—
  777         (1)(a) The general requirements for eligibility of students
  778  for state financial aid awards and tuition assistance grants
  779  consist of the following:
  780         1. Achievement of the academic requirements of and
  781  acceptance at a state university or community college; a nursing
  782  diploma school approved by the Florida Board of Nursing; a
  783  Florida college, university, or community college which is
  784  accredited by an accrediting agency recognized by the State
  785  Board of Education; any Florida institution the credits of which
  786  are acceptable for transfer to state universities; any career
  787  center; or any private career institution accredited by an
  788  accrediting agency recognized by the State Board of Education.
  789         2. Residency in this state for no less than 1 year
  790  preceding the award of aid or a tuition assistance grant for a
  791  program established pursuant to s. 1009.50, s. 1009.505, s.
  792  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  793  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  794  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
  795  Residency in this state must be for purposes other than to
  796  obtain an education. Resident status for purposes of receiving
  797  state financial aid awards shall be determined in the same
  798  manner as resident status for tuition purposes pursuant to s.
  799  1009.21.
  800         3. Submission of certification attesting to the accuracy,
  801  completeness, and correctness of information provided to
  802  demonstrate a student’s eligibility to receive state financial
  803  aid awards or tuition assistance grants. Falsification of such
  804  information shall result in the denial of any pending
  805  application and revocation of any award or grant currently held
  806  to the extent that no further payments shall be made.
  807  Additionally, students who knowingly make false statements in
  808  order to receive state financial aid awards or tuition
  809  assistance grants commit a misdemeanor of the second degree
  810  subject to the provisions of s. 837.06 and shall be required to
  811  return all state financial aid awards or tuition assistance
  812  grants wrongfully obtained.
  813         Section 14. Section 1009.54, Florida Statutes, is repealed.
  814         Section 15. Section 1009.57, Florida Statutes, is repealed.
  815         Section 16. Section 1009.58, Florida Statutes, is repealed.
  816         Section 17. Section 1009.59, Florida Statutes, is repealed.
  817         Section 18. Paragraph (c) of subsection (2) of section
  818  1009.94, Florida Statutes, is amended to read:
  819         1009.94 Student financial assistance database.—
  820         (2) For purposes of this section, financial assistance
  821  includes:
  822         (c) Any financial assistance provided under s. 1009.50, s.
  823  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  824  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  825  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
  826  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  827         Section 19. Section 1011.626, Florida Statutes, is created
  828  to read:
  829         1011.626School district accountability millage
  830  adjustment.—
  831         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  832  to ensure that every student has a high-quality teacher in his
  833  or her classroom. The Legislature intends therefore, to provide
  834  an additional levy of millage on school districts that fail to
  835  comply with the laws described in this section in order to
  836  increase student achievement, while withholding an amount
  837  equivalent to the revenue generated by the levy of the
  838  additional millage rate from the school district’s state funds
  839  in the Florida Education Finance Program for the fiscal year in
  840  which the millage is levied.
  841         (2)FINDINGS.—The Legislature finds that:
  842         (a)Quality classroom teachers and school-based
  843  administrators are the single greatest indicators of student
  844  achievement.
  845         (b)A school district that fails to reward quality
  846  classroom teachers or school-based administrators on the
  847  performance of their students, and instead rewards these
  848  individuals, in whole or in part, based on the number of years
  849  worked or degrees held, has violated s. 1012.22(1)(c). A school
  850  district’s failure to comply with s. 1012.22(1)(c) fails to
  851  maximize student learning by not providing the appropriate
  852  incentives to attract and retain quality classroom teachers and
  853  school-based administrators. As a result, students are penalized
  854  for the acts or omissions of district school boards or district
  855  school superintendents.
  856         (c)A school district that fails to adopt and implement
  857  assessments that comply with s. 1008.222 frustrates the purpose
  858  of ensuring that each student has a high-quality teacher in his
  859  or her classroom by preventing the determination of the quality
  860  of a classroom teacher or school-based administrator’s
  861  performance.
  862         (d)A school district that fails to comply with s. 1012.335
  863  frustrates the purpose of ensuring that each student has a high
  864  quality teacher in his or her classroom by preventing the school
  865  district from promptly removing a poor-performing classroom
  866  teacher from the classroom and employment.
  867         (3) REVIEW.—
  868         (a)Beginning with the 2014-2015 fiscal year and
  869  thereafter, each district school board must submit the district
  870  adopted salary schedule for the school year and supporting
  871  documentation to the Commissioner of Education for review on or
  872  before October 1 of each year. On or before December 15 of each
  873  year, the commissioner shall complete a review of each salary
  874  schedule submitted for that school year, determine compliance
  875  with s. 1012.22(1)(c), and notify a district school board if the
  876  district salary schedule fails to meet the requirements in s.
  877  1012.22(1)(c). The commissioner shall certify those school
  878  districts that do not comply with s. 1012.22(1)(c) to the
  879  Governor, the President of the Senate, and the Speaker of the
  880  House of Representatives on or before February 15 of each year.
  881         (b)Beginning with the 2013-2014 fiscal year and
  882  thereafter, the Commissioner of Education shall select a
  883  sampling of school district assessments from multiple districts,
  884  and school districts must submit for review the requested
  885  assessments and supporting documentation on or before October 1
  886  of each year. A school district that fails to provide the
  887  requested assessment to the commissioner on or before October 1
  888  of each year is in violation of s. 1008.222. On or before
  889  December 15 of each year, the commissioner shall complete a
  890  review of each selected assessment, determine compliance with s.
  891  1008.222, and notify a district school board if the selected
  892  assessment fails to meet the requirements in s. 1008.222. The
  893  commissioner shall certify those school districts that do not
  894  comply with s. 1008.222 to the Governor, the President of the
  895  Senate, and the Speaker of the House of Representatives on or
  896  before February 15 of each year.
  897         (c) In its financial audit of each school district, the
  898  Auditor General shall review a sample of classroom teacher
  899  contracts and determine compliance with s. 1012.335. The Auditor
  900  General shall document violations of s. 1012.335 and provide the
  901  documentation to the Commissioner of Education on or before
  902  October 1 of each year following the audit. On or before
  903  December 15 of each year, the commissioner shall notify the
  904  Governor, the President of the Senate, the Speaker of the House
  905  of Representatives, and each school district identified in the
  906  audit that has not complied with s. 1012.335.
  907         (4) FAILURE REQUIRING ADDITIONAL MILLAGE.—A district school
  908  board that is certified by the Commissioner of Education as not
  909  in compliance with the law as described in subsection (3) must
  910  levy an additional millage in order to generate revenue in an
  911  amount equal to 5 percent of the salaries for instructional
  912  personnel and school-based administrators for that fiscal year,
  913  as reported in the annual financial report required by rule of
  914  the State Board of Education. A local resolution, ordinance, or
  915  referendum is not required to implement this levy.
  916         (5) CALCULATION OF MILLAGE RATE.—
  917         (a) On or before March 1 of each year, the Commissioner of
  918  Education shall, for each district school board that the
  919  commissioner certifies is not in compliance with the law as
  920  described in subsection (3), calculate and certify to the
  921  district school board the dollar amount that is equal to 5
  922  percent of the salary of the district’s instructional personnel
  923  and school-based administrators for the year of noncompliance,
  924  as described in subsection (4).
  925         (b) The commissioner shall certify to each district school
  926  board the additional local effort that the board must levy in
  927  order to generate the amount of revenue certified pursuant to
  928  paragraph (a). The additional local effort shall be certified at
  929  the same time as the required local effort is certified and the
  930  additional required local effort shall be levied at the same
  931  time as the required local effort is levied. The additional
  932  local effort is exempt from the 90 percent calculation of the
  933  total Florida Education Finance Program entitlement under s.
  934  1011.62(4)(a)1.b. The commissioner shall report the calculated
  935  amount that is equal to 5 percent of the salaries for
  936  instructional personnel and school-based administrators for each
  937  fiscal year to the Governor, the President of the Senate, and
  938  the Speaker of the House of Representatives on or before March 1
  939  of each year.
  940         (6) WITHHOLDING OF STATE FUNDS.—For each school district
  941  that is certified as being in violation of law, as described in
  942  subsection (3), and that is required to levy an additional local
  943  effort, as described in subsection (4), the Commissioner of
  944  Education shall withhold an amount equivalent to the revenue
  945  generated by the levy of the additional local effort from the
  946  school district’s state funds in the Florida Education Finance
  947  Program for the fiscal year in which the millage is levied.
  948         (7) USE OF ADDITIONAL MILLAGE.—The revenue generated by the
  949  levy of the additional millage under this section may be used
  950  only to compensate for the loss of state funding caused by the
  951  failure of the school district to comply with the law as
  952  described in subsection (3).
  953         (8) PUBLIC NOTICE.—
  954         (a) The school board’s notice of proposed property taxes
  955  must meet the requirements in s. 200.065(3)(m).
  956         (b) The district school board must include in the notice of
  957  public hearing to adopt its annual budget that it violated the
  958  law and failed to adopt a salary schedule that compensates
  959  classroom teachers or school-based administrators on the basis
  960  of student performance; violated the law and failed to comply
  961  with the differentiated pay requirements; violated the law and
  962  failed to adopt end-of-course assessments to identify student
  963  instructional needs, verify what students have learned, or
  964  evaluate the performance of classroom teachers or school-based
  965  administrators; or violated the law and failed to comply with
  966  contracting requirements for classroom teachers, and that the
  967  district school board is required to levy an additional rate to
  968  compensate for its failure. The district school board must also
  969  provide notice at its public hearing that the school district’s
  970  share of state funds from the Florida Education Finance Program
  971  will be reduced in an amount equivalent to the additional levy.
  972         (9) RULEMAKING.—The State Board of Education shall adopt
  973  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  974  section, including rules related to the reporting formats,
  975  supporting documentation, and procedures for the review as
  976  described in subsection (3).
  977         Section 20. Subsection (2) of section 1011.69, Florida
  978  Statutes, is amended to read:
  979         1011.69 Equity in School-Level Funding Act.—
  980         (2) Beginning in the 2003-2004 fiscal year, district school
  981  boards shall allocate to schools within the district an average
  982  of 90 percent of the funds generated by all schools and
  983  guarantee that each school receives at least 80 percent of the
  984  funds generated by that school based upon the Florida Education
  985  Finance Program as provided in s. 1011.62 and the General
  986  Appropriations Act, including gross state and local funds,
  987  discretionary lottery funds, and funds from the school
  988  district’s current operating discretionary millage levy. Total
  989  funding for each school shall be recalculated during the year to
  990  reflect the revised calculations under the Florida Education
  991  Finance Program by the state and the actual weighted full-time
  992  equivalent students reported by the school during the full-time
  993  equivalent student survey periods designated by the Commissioner
  994  of Education. If the district school board is providing programs
  995  or services to students funded by federal funds, any eligible
  996  students enrolled in the schools in the district shall be
  997  provided federal funds. Only academic performance-based charter
  998  school districts, pursuant to s. 1003.62, are exempt from the
  999  provisions of this section.
 1000         Section 21. Subsection (4) of section 1012.05, Florida
 1001  Statutes, is amended to read:
 1002         1012.05 Teacher recruitment and retention.—
 1003         (4) The Department of Education, in cooperation with
 1004  district personnel offices, may shall sponsor virtual job fairs
 1005  a job fair in a central part of the state to match high-quality,
 1006  in-state educators and potential educators and out-of-state
 1007  educators and potential educators with teaching opportunities in
 1008  this state. The Department of Education is authorized to collect
 1009  a job fair registration fee not to exceed $20 per person and a
 1010  booth fee not to exceed $250 per school district or other
 1011  interested participating organization. The revenue from the fees
 1012  shall be used to promote and operate the job fair. Funds may be
 1013  used to purchase promotional items such as mementos, awards, and
 1014  plaques.
 1015         Section 22. Section 1012.07, Florida Statutes, is amended
 1016  to read:
 1017         1012.07 Identification of critical teacher shortage areas.—
 1018         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
 1019  “critical teacher shortage area” means high-need content areas
 1020  applies to mathematics, science, career education, and high
 1021  priority high priority location areas identified by. the State
 1022  Board of Education may identify career education programs having
 1023  critical teacher shortages. The State Board of Education shall
 1024  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
 1025  annually identify other critical teacher shortage areas and high
 1026  priority location areas. The state board must shall also
 1027  consider current and emerging educational requirements and
 1028  workforce demands teacher characteristics such as ethnic
 1029  background, race, and sex in determining critical teacher
 1030  shortage areas. School grade levels may also be designated
 1031  critical teacher shortage areas. Individual district school
 1032  boards may identify and submit other critical teacher shortage
 1033  areas. Such submissions shortages must be aligned to current and
 1034  emerging educational requirements and workforce demands in order
 1035  to be certified to and approved by the State Board of Education.
 1036  High-priority High priority location areas shall be in high
 1037  density, low-economic urban schools, and low-density, low
 1038  economic rural schools, and schools identified as lowest
 1039  performing under s. 1008.33(4)(b) shall include schools which
 1040  meet criteria which include, but are not limited to, the
 1041  percentage of free lunches, the percentage of students under
 1042  Chapter I of the Education Consolidation and Improvement Act of
 1043  1981, and the faculty attrition rate.
 1044         (2) This section shall be implemented only to the extent as
 1045  specifically funded and authorized by law.
 1046         Section 23. Effective July 1, 2014, paragraph (c) of
 1047  subsection (1) of section 1012.22, Florida Statutes, is amended
 1048  to read:
 1049         1012.22 Public school personnel; powers and duties of the
 1050  district school board.—The district school board shall:
 1051         (1) Designate positions to be filled, prescribe
 1052  qualifications for those positions, and provide for the
 1053  appointment, compensation, promotion, suspension, and dismissal
 1054  of employees as follows, subject to the requirements of this
 1055  chapter:
 1056         (c) Compensation and salary schedules.—
 1057         1. Except as provided in subparagraphs 2., 4., and 5., the
 1058  district school board shall adopt a salary schedule that
 1059  compensates employees based on their performance. The district
 1060  school board shall adopt a salary schedule or salary schedules
 1061  designed to furnish incentives for improvement in training and
 1062  for continued efficient service to be used as a basis for paying
 1063  all school employees and fix and authorize the compensation of
 1064  school employees on the basis thereof.
 1065         2. A district school board, in determining the salary
 1066  schedule for instructional personnel and school-based
 1067  administrators, must base more than 50 percent a portion of each
 1068  employee’s compensation on student learning gains, as
 1069  established by rule of the State Board of Education and as
 1070  described in s. 1012.34(3)(a)1. for instructional personnel and
 1071  s. 1012.34(3)(a)3. for school-based administrators. The
 1072  remainder of each employee’s compensation shall be based on
 1073  performance demonstrated under s. 1012.34(3)(a)2. for
 1074  instructional personnel and s. 1012.34(3)(a)4. for school-based
 1075  administrators s. 1012.34, must consider the prior teaching
 1076  experience of a person who has been designated state teacher of
 1077  the year by any state in the United States, and must consider
 1078  prior professional experience in the field of education gained
 1079  in positions in addition to district level instructional and
 1080  administrative positions.
 1081         3. In developing the salary schedule, the district school
 1082  board shall seek input from parents, teachers, and
 1083  representatives of the business community.
 1084         4. Beginning with the 2007-2008 academic year, Each
 1085  district school board shall adopt a salary schedule with
 1086  differentiated pay for both instructional personnel and school
 1087  based administrators. The salary schedule is subject to
 1088  negotiation as provided in chapter 447 and must allow
 1089  differentiated pay based on the following:
 1090         a. Assignment to a school in a high-priority location area,
 1091  as defined in State Board of Education rule, with continued
 1092  differentiated pay contingent upon documentation of student
 1093  learning gains as described in subparagraph 2.;
 1094         b. Certification and teaching in critical teacher shortage
 1095  areas, as defined in State Board of Education rule, with
 1096  continued differentiated pay contingent upon documentation of
 1097  student learning gains as described in subparagraph 2.; and
 1098         c. Assignment of additional academic responsibilities, with
 1099  continued differentiated pay contingent upon documentation of
 1100  student learning gains as described in subparagraph 2.
 1101         5.A district school board shall adopt a salary schedule
 1102  for the following:
 1103         a. A beginning teacher. For purposes of this subparagraph,
 1104  a beginning teacher is a classroom teacher as defined in s.
 1105  1012.01(2)(a) who has no prior K-12 teaching experience.
 1106         b. A teacher who holds a valid professional standard
 1107  certificate issued by another state and who is hired by the
 1108  district school board.
 1109         c. A teacher who holds a valid professional certificate
 1110  issued pursuant to s. 1012.56, who has not taught in the
 1111  classroom at any time during the previous certification period,
 1112  and who is hired by the district school board.
 1113  
 1114  The salary schedule in subparagraph 5. shall be in effect for
 1115  the first year that the teacher provides instruction in a
 1116  Florida K-12 classroom. Thereafter, the teacher is subject to
 1117  the salary schedule adopted pursuant to subparagraph 2. A
 1118  district school board may not use length of service or degrees
 1119  held as a factor in setting a salary schedule. district
 1120  determined factors, including, but not limited to, additional
 1121  responsibilities, school demographics, critical shortage areas,
 1122  and level of job performance difficulties.
 1123         Section 24. Section 1012.225, Florida Statutes, is
 1124  repealed.
 1125         Section 25. Section 1012.2251, Florida Statutes, is
 1126  repealed.
 1127         Section 26. Subsection (5) of section 1012.33, Florida
 1128  Statutes, is amended to read:
 1129         1012.33 Contracts with instructional staff, supervisors,
 1130  and school principals.—
 1131         (5) Should a district school board have to choose from
 1132  among its personnel who are on continuing contracts or
 1133  professional service contracts as to which should be retained,
 1134  such decisions shall be based primarily upon the employee’s
 1135  performance as provided in s. 1012.34 made pursuant to the terms
 1136  of a collectively bargained agreement, when one exists. If no
 1137  such agreement exists, the district school board shall prescribe
 1138  rules to handle reductions in workforce.
 1139         Section 27. Section 1012.335, Florida Statutes, is created
 1140  to read:
 1141         1012.335 Contracts with classroom teachers hired on or
 1142  after July 1, 2010.—
 1143         (1) DEFINITIONS.—As used in this section, the term:
 1144         (a) “Annual contract” means a contract for a period of no
 1145  longer than 1 school year in which the district school board may
 1146  choose to renew or not renew without cause.
 1147         (b) “Classroom teacher” means a classroom teacher as
 1148  defined in s. 1012.01(2)(a), excluding substitute teachers.
 1149         (c) “Probationary contract” means a contract for a period
 1150  of no longer than 1 school year during which a classroom teacher
 1151  may be dismissed without cause or may resign from the
 1152  contractual position without breach of contract.
 1153         (2) EMPLOYMENT.—
 1154         (a) Beginning July 1, 2010, each person newly hired as a
 1155  classroom teacher by a school district shall receive a
 1156  probationary contract.
 1157         (b) A classroom teacher may receive up to four annual
 1158  contracts in a school district in this state if the teacher:
 1159         1. Holds a professional certificate as prescribed by s.
 1160  1012.56 and in the rules of the State Board of Education; and
 1161         2. Has been recommended by the district school
 1162  superintendent for the annual contract and approved by the
 1163  district school board.
 1164         (c) A classroom teacher may not receive an annual contract
 1165  for the 6th year of teaching and thereafter unless the classroom
 1166  teacher:
 1167         1. Holds a professional certificate as prescribed by s.
 1168  1012.56 and in the rules of the State Board of Education;
 1169         2. Has been recommended by the district school
 1170  superintendent for the annual contract and approved by the
 1171  district school board; and
 1172         3. Has received an effective or highly effective
 1173  designation on his or her appraisal pursuant to s. 1012.34 in at
 1174  least 2 of the 3 preceding years for each year an annual
 1175  contract is sought.
 1176         (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
 1177  CONTRACT.—A classroom teacher who has an annual contract may be
 1178  suspended or dismissed at any time during the term of the
 1179  contract for just cause as provided in subsection (4). The
 1180  district school board must notify a classroom teacher in writing
 1181  whenever charges are made against the classroom teacher, and the
 1182  district school board may suspend him or her without pay.
 1183  However, if the charges are not sustained, the classroom teacher
 1184  shall be immediately reinstated and his or her back pay shall be
 1185  paid.
 1186         (4) JUST CAUSE.—The State Board of Education shall adopt
 1187  rules to define the term “just cause.” Just cause includes, but
 1188  is not limited to:
 1189         (a) Immorality.
 1190         (b) Misconduct in office.
 1191         (c) Incompetency.
 1192         (d) Gross insubordination.
 1193         (e) Willful neglect of duty.
 1194         (f) Being convicted or found guilty of, or entering a plea
 1195  of guilty to, regardless of adjudication of guilt, any crime
 1196  involving moral turpitude.
 1197         (g) Poor performance as demonstrated by a lack of student
 1198  learning gains, as specified in s. 1012.34.
 1199         Section 28. Section 1012.34, Florida Statutes, is amended
 1200  to read:
 1201         1012.34 Appraisal Assessment procedures and criteria.—
 1202         (1) For the purpose of increasing student achievement by
 1203  improving the quality of instructional, administrative, and
 1204  supervisory services in the public schools of the state, the
 1205  district school superintendent shall establish procedures for
 1206  evaluating assessing the performance of duties and
 1207  responsibilities of all instructional, administrative, and
 1208  supervisory personnel employed by the school district. The
 1209  Department of Education must approve each district’s
 1210  instructional personnel appraisal assessment system and
 1211  appraisal instruments. The Department of Education must approve
 1212  each school-based administrator appraisal system and appraisal
 1213  instruments. The department shall collect from each school
 1214  district the annual performance ratings of all instructional and
 1215  school-based administrative personnel and report the percentage
 1216  of each of these employees receiving each rating category by
 1217  school and by district to the Governor, the President of the
 1218  Senate, and the Speaker of the House of Representatives.
 1219         (2) The following conditions must be considered in the
 1220  design of the district’s instructional personnel appraisal
 1221  assessment system:
 1222         (a) The system must be designed to support high-quality
 1223  instruction and increased academic achievement district and
 1224  school level improvement plans.
 1225         (b) The system must provide appropriate appraisal
 1226  instruments, procedures, and criteria for continuous quality
 1227  improvement of the professional skills of instructional
 1228  personnel.
 1229         (c) The system must include a mechanism to examine
 1230  performance data from multiple sources, which includes giving
 1231  give parents an opportunity to provide input into employee
 1232  performance appraisals assessments when appropriate.
 1233         (d) In addition to addressing generic teaching
 1234  competencies, districts must determine those teaching fields for
 1235  which special procedures and criteria will be developed.
 1236         (e) Each district school board may establish a peer
 1237  assistance process. The plan may provide a mechanism for
 1238  assistance of persons who are placed on performance probation as
 1239  well as offer assistance to other employees who request it.
 1240         (f) Each The district school board shall provide training
 1241  programs that are based upon guidelines provided by the
 1242  Department of Education to ensure that all individuals with
 1243  evaluation responsibilities understand the proper use of the
 1244  appraisal assessment criteria and procedures.
 1245         (g) The system must differentiate among four levels of
 1246  performance: unsatisfactory, needs improvement, effective, and
 1247  highly effective. The Commissioner of Education shall consult
 1248  with performance pay experts and classroom teachers in
 1249  developing the performance levels. Beginning with the 2014-2015
 1250  school year and thereafter, instructional personnel and school
 1251  based administrators may not be rated as effective or highly
 1252  effective if their students fail to demonstrate learning gains.
 1253         (h) The system must include a process for monitoring the
 1254  effective and consistent use of appraisal criteria by
 1255  supervisors and administrators and a process for evaluating the
 1256  effectiveness of the system itself in improving the level of
 1257  instruction and learning in the district’s schools.
 1258         (3) The appraisal assessment procedure for instructional
 1259  personnel and school administrators must be primarily based on
 1260  the performance of students assigned to their classrooms or
 1261  schools, as described in paragraph (a) appropriate. Pursuant to
 1262  this section, A school district’s performance appraisal
 1263  assessment is not limited to basing unsatisfactory performance
 1264  of instructional personnel and school administrators upon
 1265  student performance, but may include other criteria approved to
 1266  evaluate assess instructional personnel and school
 1267  administrators’ performance, or any combination of student
 1268  performance and other approved criteria. The procedures must
 1269  comply with, but are not limited to, the following requirements:
 1270         (a) An appraisal assessment must be conducted for each
 1271  employee at least once a year, except that an appraisal for each
 1272  teacher, as described in s. 1012.22(1)(c)5., must be conducted
 1273  at least twice a year. The assessment must be based upon sound
 1274  educational principles and contemporary research in effective
 1275  educational practices. The assessment must primarily use data
 1276  and indicators of improvement in student performance assessed
 1277  annually as specified in s. 1008.22 and may consider results of
 1278  peer reviews in evaluating the employee’s performance. Student
 1279  performance must be measured by state assessments required under
 1280  s. 1008.22 and by local assessments for subjects and grade
 1281  levels not measured by the state assessment program. The
 1282  appraisal assessment criteria must include, but are not limited
 1283  to, indicators that relate to the following:
 1284         1. Performance of students.
 1285         a. Beginning with the 2014-2015 school year and thereafter,
 1286  for the classroom teacher, the learning gains of students
 1287  assigned to the teacher must comprise more than 50 percent of
 1288  the determination of the classroom teacher’s performance.
 1289  Beginning with the 2014-2015 school year and thereafter, for
 1290  instructional personnel, who are not classroom teachers, the
 1291  learning gains of students assigned to the school must comprise
 1292  more than 50 percent of the determination of the individual’s
 1293  performance. A school district may use the learning gains of
 1294  students assigned to the classroom teacher for the preceding 3
 1295  years, or, for instructional personnel who are not classroom
 1296  teachers, the learning gains of students assigned to the school
 1297  for the preceding 3 years, to determine the individual’s
 1298  performance. For purposes of this sub-subparagraph, “school”
 1299  means the school to which the instructional personnel, who is
 1300  not a classroom teacher, was assigned for the last 3 years.
 1301  Student learning gains are measured by state assessments
 1302  required under s. 1008.22, examinations in AP, IB, AICE, or a
 1303  national industry certification identified in the Industry
 1304  Certified Funding List pursuant to rules adopted by the State
 1305  Board of Education, or district assessments for subject areas
 1306  and grade levels as required under s. 1008.222.
 1307         b. For instructional personnel, more than 50 percent of the
 1308  determination of the individual’s performance must be based on
 1309  the performance of students assigned to their classrooms or
 1310  schools, as appropriate. Student performance must be measured by
 1311  state assessments required under s. 1008.22 and by local
 1312  assessments for subjects and grade levels not measured by the
 1313  state assessment program. This sub-subparagraph expires July 1,
 1314  2014.
 1315         2. Instructional practice. For instructional personnel,
 1316  performance criteria must be based on the Florida Educator
 1317  Accomplished Practices adopted by the State Board of Education
 1318  by rule, which include:
 1319         a. Ability to maintain appropriate discipline.
 1320         b.3. Knowledge of subject matter. The district school board
 1321  shall make special provisions for evaluating teachers who are
 1322  assigned to teach out-of-field.
 1323         c.4. Ability to plan and deliver effective instruction and
 1324  the effective use of technology in the classroom.
 1325         d.5. Ability to use assessment data and other evidence of
 1326  student learning to design and implement differentiated
 1327  instructional strategies in order to meet individual student
 1328  needs for remediation or acceleration evaluate instructional
 1329  needs.
 1330         e.6. Ability to establish and maintain a positive
 1331  collaborative relationship with students’ families to increase
 1332  student achievement.
 1333         f.7. Other professional competencies, responsibilities, and
 1334  requirements as established by rules of the State Board of
 1335  Education and policies of the district school board.
 1336         3.Instructional leadership performance.
 1337         a. Beginning with the 2014-2015 school year and thereafter,
 1338  for a school-based administrator, the learning gains of students
 1339  assigned to the school must comprise more than 50 percent of the
 1340  determination of the school-based administrator’s performance. A
 1341  school district may use the learning gains of students assigned
 1342  to the school for the preceding 3 years to determine the school
 1343  based administrator’s performance. For purposes of this sub
 1344  subparagraph, “school” means the school to which the
 1345  administrator was assigned for the last 3 years. Student
 1346  learning gains are measured by state assessments required under
 1347  s. 1008.22, examinations in AP, IB, AICE, or a national industry
 1348  certification identified in the Industry Certified Funding List
 1349  pursuant to rules adopted by the State Board of Education, or
 1350  district assessments for subject areas and grade levels as
 1351  required under s. 1008.222.
 1352         b. For school-based administrators, more than 50 percent of
 1353  the determination of the individual’s performance must be based
 1354  on the performance of students assigned to their schools.
 1355  Student performance must be measured by state assessments
 1356  required under s. 1008.22 and by local assessments for subjects
 1357  and grade levels not measured by the state assessment program.
 1358  This sub-subparagraph expires July 1, 2014.
 1359         4. Instructional leadership practice. For a school-based
 1360  administrator, performance criteria must be based on the Florida
 1361  Principal Leadership Standards adopted by the State Board of
 1362  Education under s. 1012.986, which includes the ability to:
 1363         a. Manage human, financial, and material resources so as to
 1364  maximize the share of resources used for direct instruction, as
 1365  opposed to overhead or other purposes; and
 1366         b. Recruit and retain high-performing teachers.
 1367         (b) All personnel must be fully informed of the criteria
 1368  and procedures associated with the appraisal assessment process
 1369  before the appraisal assessment takes place.
 1370         (c) The individual responsible for supervising the employee
 1371  must evaluate assess the employee’s performance. The evaluator
 1372  must submit a written report of the appraisal assessment to the
 1373  district school superintendent for the purpose of reviewing the
 1374  employee’s contract. The evaluator must submit the written
 1375  report to the employee no later than 10 days after the appraisal
 1376  assessment takes place. The evaluator must discuss the written
 1377  report of the appraisal assessment with the employee. The
 1378  employee shall have the right to initiate a written response to
 1379  the appraisal assessment, and the response shall become a
 1380  permanent attachment to his or her personnel file.
 1381         (d) If an employee is not performing his or her duties in a
 1382  satisfactory manner, the evaluator shall notify the employee in
 1383  writing of such determination. The notice must describe such
 1384  unsatisfactory performance and include notice of the following
 1385  procedural requirements:
 1386         1. Upon delivery of a notice of unsatisfactory performance,
 1387  the evaluator must confer with the employee, make
 1388  recommendations with respect to specific areas of unsatisfactory
 1389  performance, and provide assistance in helping to correct
 1390  deficiencies within a prescribed period of time.
 1391         2.a. If the employee holds an annual contract as provided
 1392  in s. 1012.335, and receives an unsatisfactory performance
 1393  appraisal pursuant to the criteria in subparagraph (a)2., the
 1394  employee may request a review of the appraisal by the district
 1395  school superintendent or his or her designee. The district
 1396  school superintendent may review the employee’s appraisal.
 1397         b. If the employee holds a professional service contract as
 1398  provided in s. 1012.33, the employee shall be placed on
 1399  performance probation and governed by the provisions of this
 1400  section for 90 calendar days following the receipt of the notice
 1401  of unsatisfactory performance to demonstrate corrective action.
 1402  School holidays and school vacation periods are not counted when
 1403  calculating the 90-calendar-day period. During the 90 calendar
 1404  days, the employee who holds a professional service contract
 1405  must be evaluated periodically and apprised of progress achieved
 1406  and must be provided assistance and inservice training
 1407  opportunities to help correct the noted performance
 1408  deficiencies. At any time during the 90 calendar days, the
 1409  employee who holds a professional service contract may request a
 1410  transfer to another appropriate position with a different
 1411  supervising administrator; however, a transfer does not extend
 1412  the period for correcting performance deficiencies.
 1413         c.b. Within 14 days after the close of the 90 calendar
 1414  days, the evaluator must evaluate assess whether the performance
 1415  deficiencies have been corrected and forward a recommendation to
 1416  the district school superintendent. Within 14 days after
 1417  receiving the evaluator’s recommendation, the district school
 1418  superintendent must notify the employee who holds a professional
 1419  service contract in writing whether the performance deficiencies
 1420  have been satisfactorily corrected and whether the district
 1421  school superintendent will recommend that the district school
 1422  board continue or terminate his or her employment contract. If
 1423  the employee wishes to contest the district school
 1424  superintendent’s recommendation, the employee must, within 15
 1425  days after receipt of the district school superintendent’s
 1426  recommendation, submit a written request for a hearing. The
 1427  hearing shall be conducted at the district school board’s
 1428  election in accordance with one of the following procedures:
 1429         (I) A direct hearing conducted by the district school board
 1430  within 60 days after receipt of the written appeal. The hearing
 1431  shall be conducted in accordance with the provisions of ss.
 1432  120.569 and 120.57. A majority vote of the membership of the
 1433  district school board shall be required to sustain the district
 1434  school superintendent’s recommendation. The determination of the
 1435  district school board shall be final as to the sufficiency or
 1436  insufficiency of the grounds for termination of employment; or
 1437         (II) A hearing conducted by an administrative law judge
 1438  assigned by the Division of Administrative Hearings of the
 1439  Department of Management Services. The hearing shall be
 1440  conducted within 60 days after receipt of the written appeal in
 1441  accordance with chapter 120. The recommendation of the
 1442  administrative law judge shall be made to the district school
 1443  board. A majority vote of the membership of the district school
 1444  board shall be required to sustain or change the administrative
 1445  law judge’s recommendation. The determination of the district
 1446  school board shall be final as to the sufficiency or
 1447  insufficiency of the grounds for termination of employment.
 1448         (4) The district school superintendent shall notify the
 1449  department of any instructional personnel who receive two
 1450  consecutive unsatisfactory evaluations and who have been given
 1451  written notice by the district that their employment is being
 1452  terminated or is not being renewed or that the district school
 1453  board intends to terminate, or not renew, their employment. The
 1454  department shall conduct an investigation to determine whether
 1455  action shall be taken against the certificateholder pursuant to
 1456  s. 1012.795(1)(c).
 1457         (5) The district school superintendent shall develop a
 1458  mechanism for evaluating the effective use of appraisal
 1459  assessment criteria and evaluation procedures by administrators
 1460  who are assigned responsibility for evaluating the performance
 1461  of instructional personnel. The use of the appraisal assessment
 1462  and evaluation procedures shall be considered as part of the
 1463  annual appraisal assessment of the administrator’s performance.
 1464  The system must include a mechanism to give parents and teachers
 1465  an opportunity to provide input into the administrator’s
 1466  performance assessment, when appropriate.
 1467         (6) Nothing in this section shall be construed to grant a
 1468  probationary employee a right to continued employment beyond the
 1469  term of his or her contract.
 1470         (7) The district school board shall establish a procedure
 1471  annually reviewing instructional personnel appraisal assessment
 1472  systems to determine compliance with this section. All
 1473  substantial revisions to an approved system must be reviewed and
 1474  approved by the district school board before being used to
 1475  evaluate assess instructional personnel. Upon request by a
 1476  school district, the department shall provide assistance in
 1477  developing, improving, or reviewing an appraisal assessment
 1478  system.
 1479         (8) The State Board of Education shall adopt rules pursuant
 1480  to ss. 120.536(1) and 120.54, that establish uniform guidelines
 1481  for the submission, review, and approval of district procedures
 1482  for the annual appraisal assessment of instructional personnel
 1483  and school-based administrative personnel and that include the
 1484  method of calculating rates of student learning tied to
 1485  differentiated levels of performance as provided for in
 1486  paragraph (2)(g) and criteria for evaluating professional
 1487  performance.
 1488         Section 29. Subsection (3) is added to section 1012.42,
 1489  Florida Statutes, to read:
 1490         1012.42 Teacher teaching out-of-field.—
 1491         (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011
 1492  school year, a district school board shall not assign any
 1493  beginning teacher to teach reading, science, or mathematics if
 1494  he or she is not certified in reading, science, or mathematics.
 1495         Section 30. Section 1012.52, Florida Statutes, is repealed.
 1496         Section 31. Paragraph (c) of subsection (2), subsections
 1497  (5), (6), and (7), paragraph (b) of subsection (9), and
 1498  subsection (17) of section 1012.56, Florida Statutes, are
 1499  amended to read:
 1500         1012.56 Educator certification requirements.—
 1501         (2) ELIGIBILITY CRITERIA.—To be eligible to seek
 1502  certification, a person must:
 1503         (c) Document receipt of a bachelor’s or higher degree from
 1504  an accredited institution of higher learning, or a nonaccredited
 1505  institution of higher learning that the Department of Education
 1506  has identified as having a quality program resulting in a
 1507  bachelor’s degree, or higher. Each applicant seeking initial
 1508  certification must have attained at least a 2.5 overall grade
 1509  point average on a 4.0 scale in the applicant’s major field of
 1510  study. The applicant may document the required education by
 1511  submitting official transcripts from institutions of higher
 1512  education or by authorizing the direct submission of such
 1513  official transcripts through established electronic network
 1514  systems. The bachelor’s or higher degree may not be required in
 1515  areas approved in rule by the State Board of Education as
 1516  nondegreed areas. The State Board of Education may adopt rules
 1517  that, for purposes of demonstrating completion of certification
 1518  requirements specified in state board rule, allow for the
 1519  acceptance of college course credits recommended by the American
 1520  Council on Education (ACE), as posted on an official ACE
 1521  transcript.
 1522         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
 1523  demonstrating mastery of subject area knowledge are:
 1524         (a) Achievement of passing scores on subject area
 1525  examinations required by state board rule, which may include,
 1526  but need not be limited to, world languages in Arabic, Chinese,
 1527  Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
 1528  Italian, Japanese, Portuguese, Russian, and Spanish;
 1529         (b) Completion of a bachelor’s degree or higher and
 1530  verification of the attainment of an oral proficiency interview
 1531  score above the intermediate level and a written proficiency
 1532  score above the intermediate level on a test administered by the
 1533  American Council on the Teaching of Foreign Languages for which
 1534  there is no Florida-developed examination;
 1535         (c) Completion of the subject area specialization
 1536  requirements specified in state board rule and verification of
 1537  the attainment of the essential subject matter competencies by
 1538  the district school superintendent of the employing school
 1539  district or chief administrative officer of the employing state
 1540  supported or private school for a subject area for which a
 1541  subject area examination has not been developed and required by
 1542  state board rule;
 1543         (d) Completion of the subject area specialization
 1544  requirements specified in state board rule for a subject
 1545  coverage requiring a master’s or higher degree and achievement
 1546  of a passing score on the subject area examination specified in
 1547  state board rule;
 1548         (e) A valid professional standard teaching certificate
 1549  issued by another state and achievement of a passing score on
 1550  the subject area exam specified in State Board of Education rule
 1551  or by a full demonstration of mastery of his or her ability to
 1552  teach the subject area for which he or she is seeking
 1553  certification, as provided by rules of the State Board of
 1554  Education; or
 1555         (f) A valid certificate issued by the National Board for
 1556  Professional Teaching Standards or a national educator
 1557  credentialing board approved by the State Board of Education.
 1558  
 1559  The requirement in paragraph (e) must be met within the first
 1560  semester of the first year of teaching under the temporary
 1561  certificate. School districts are encouraged to provide
 1562  mechanisms for those middle school teachers holding only a K-6
 1563  teaching certificate to obtain a subject area coverage for
 1564  middle grades through postsecondary coursework or district add
 1565  on certification.
 1566         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
 1567  COMPETENCE.—Acceptable means of demonstrating mastery of
 1568  professional preparation and education competence are:
 1569         (a) Completion of an approved teacher preparation program
 1570  at a postsecondary educational institution within this state and
 1571  achievement of a passing score on the professional education
 1572  competency examination required by state board rule;
 1573         (b) Completion of a teacher preparation program at a
 1574  postsecondary educational institution outside Florida and
 1575  achievement of a passing score on the professional education
 1576  competency examination required by state board rule;
 1577         (c) A valid professional standard teaching certificate
 1578  issued by another state;
 1579         (d) A valid certificate issued by the National Board for
 1580  Professional Teaching Standards or a national educator
 1581  credentialing board approved by the State Board of Education;
 1582         (e) Documentation of two semesters of successful teaching
 1583  in a community college, state university, or private college or
 1584  university that awards an associate or higher degree and is an
 1585  accredited institution or an institution of higher education
 1586  identified by the Department of Education as having a quality
 1587  program;
 1588         (f) Completion of professional preparation courses as
 1589  specified in state board rule, successful completion of a
 1590  professional education competence demonstration program pursuant
 1591  to paragraph (8)(b), and achievement of a passing score on the
 1592  professional education competency examination required by state
 1593  board rule;
 1594         (g) Successful completion of a professional preparation
 1595  alternative certification and education competency program,
 1596  outlined in paragraph (8)(a); or
 1597         (h) Successful completion of an alternative certification
 1598  program pursuant to s. 1004.85 and achievement of a passing
 1599  score on the professional education competency examination
 1600  required by rule of the State Board of Education; or.
 1601         (i)Successful completion of a professional education
 1602  training program provided by Teach for America and achievement
 1603  of a passing score on the professional education competency
 1604  examination required by rule of the State Board of Education.
 1605         (7) TYPES AND TERMS OF CERTIFICATION.—
 1606         (a) The Department of Education shall issue a professional
 1607  certificate for a period not to exceed 5 years to any applicant
 1608  who meets all the requirements outlined in subsection (2).
 1609         (b) The department shall issue a temporary certificate to
 1610  any applicant who meets the following requirements:
 1611         1. Completes the requirements outlined in paragraphs
 1612  (2)(a)-(f); and
 1613         2.a. Completes the subject area content requirements
 1614  specified in state board rule; or
 1615         b. Demonstrates mastery of subject area knowledge pursuant
 1616  to subsection (5); and
 1617         3. Holds an accredited degree or a degree approved by the
 1618  Department of Education at the level required for the subject
 1619  area specialization in state board rule.
 1620         (c) The department shall issue one nonrenewable 2-year
 1621  temporary certificate and one nonrenewable 5-year professional
 1622  certificate to a qualified applicant who holds a bachelor’s
 1623  degree in the area of speech-language impairment to allow for
 1624  completion of a master’s degree program in speech-language
 1625  impairment.
 1626  
 1627  Each temporary certificate is valid for 3 school fiscal years
 1628  and is nonrenewable. However, the requirement in paragraphs
 1629  paragraph (2)(g) and (h) must be met within 1 calendar year of
 1630  the date of employment under the temporary certificate.
 1631  Individuals who are employed under contract at the end of the 1
 1632  calendar year time period may continue to be employed through
 1633  the end of the school year in which they have been contracted. A
 1634  school district shall not employ, or continue the employment of,
 1635  an individual in a position for which a temporary certificate is
 1636  required beyond this time period if the individual has not met
 1637  the requirement of paragraph (2)(g) or paragraph (2)(h). The
 1638  State Board of Education shall adopt rules to allow the
 1639  department to extend the validity period of a temporary
 1640  certificate for 2 years when the requirements for the
 1641  professional certificate, not including the requirement in
 1642  paragraph (2)(g) or paragraph (2)(h), were not completed due to
 1643  the serious illness or injury of the applicant or other
 1644  extraordinary extenuating circumstances. The department shall
 1645  reissue the temporary certificate for 2 additional years upon
 1646  approval by the Commissioner of Education. A written request for
 1647  reissuance of the certificate shall be submitted by the district
 1648  school superintendent, the governing authority of a university
 1649  lab school, the governing authority of a state-supported school,
 1650  or the governing authority of a private school.
 1651         (9) EXAMINATIONS.—
 1652         (b) The State Board of Education shall, by rule, specify
 1653  the examination scores that are required for the issuance of a
 1654  professional certificate and temporary certificate. Such rules
 1655  must define generic subject area and reading instruction
 1656  competencies and must establish uniform evaluation guidelines.
 1657  The State Board of Education shall review the current subject
 1658  area examinations and, if necessary, revise the passing scores
 1659  and reading instruction pursuant to s. 1001.215 required for
 1660  achieving certification in order to match expectations for
 1661  teacher competency in each subject area.
 1662         (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.
 1663  Beginning with the 2003-2004 school year, The Department of
 1664  Education shall conduct a longitudinal study to compare
 1665  performance of certificateholders who are employed in Florida
 1666  school districts. The study shall compare a sampling of
 1667  educators who have qualified for a professional certificate
 1668  since July 1, 2002, based on the following:
 1669         (a) Graduation from a state-approved teacher preparation
 1670  program.
 1671         (b) Completion of a state-approved professional preparation
 1672  and education competency program.
 1673         (c) A valid standard teaching certificate issued by a state
 1674  other than Florida.
 1675  
 1676  The department comparisons shall be made to determine if there
 1677  is any significant difference in the performance of these groups
 1678  of teachers, as measured by their students’ achievement levels
 1679  and learning gains as measured by s. 1008.22.
 1680         Section 32. Paragraph (b) of subsection (2) and subsection
 1681  (5) of section 1012.585, Florida Statutes, are amended, and
 1682  subsection (6) is added to that section, to read:
 1683         1012.585 Process for renewal of professional certificates.—
 1684         (2)
 1685         (b) A teacher with national certification from the National
 1686  Board for Professional Teaching Standards is deemed to meet
 1687  state renewal requirements for the life of the teacher’s
 1688  national certificate in the subject shown on the national
 1689  certificate. A complete renewal application and fee shall be
 1690  submitted. The Commissioner of Education shall notify teachers
 1691  of the renewal application and fee requirements. This paragraph
 1692  expires July 1, 2014.
 1693         (5) The State Board of Education shall adopt rules to allow
 1694  the reinstatement of expired professional certificates. The
 1695  department may reinstate an expired professional certificate if
 1696  the certificateholder:
 1697         (a) Submits an application for reinstatement of the expired
 1698  certificate.
 1699         (b) Documents completion of 6 college credits during the 5
 1700  years immediately preceding reinstatement of the expired
 1701  certificate, completion of 120 inservice points, or a
 1702  combination thereof, in an area specified in paragraph (3)(a).
 1703         (c) Meets the requirements in subsection (6).
 1704         (d)(c) During the 5 years immediately preceding
 1705  reinstatement of the certificate, achieves a passing score on
 1706  the subject area test for each subject to be shown on the
 1707  reinstated certificate.
 1708  
 1709  The requirements of this subsection may not be satisfied by
 1710  subject area tests or college credits completed for issuance of
 1711  the certificate that has expired.
 1712         (6) Beginning with the 2014-2015 school year, the
 1713  requirements for the renewal of a professional certificate shall
 1714  include documentation of effective or highly effective
 1715  performance as demonstrated under s. 1012.34 for at least 4 of
 1716  the preceding 5 years before the renewal certification is
 1717  sought. The State Board of Education shall adopt rules to define
 1718  the process for documenting effective performance under this
 1719  subsection, including equivalent options for individuals who
 1720  have not been evaluated under s. 1012.34. An individual’s
 1721  certificate shall expire if the individual is not able to
 1722  demonstrate effective performance as required under this
 1723  subsection and the rules of the state board. The individual may
 1724  apply to reinstate his or her professional certificate under
 1725  subsection (5).
 1726         Section 33. Section 1012.72, Florida Statutes, is repealed.
 1727         Section 34. Subsection (1) of section 1012.79, Florida
 1728  Statutes, is amended to read:
 1729         1012.79 Education Practices Commission; organization.—
 1730         (1) The Education Practices Commission consists of 25
 1731  members, including 11 8 teachers; 5 administrators, at least one
 1732  of whom may shall represent a private school; 5 7 lay citizens,
 1733  3 5 of whom shall be parents of public school students and who
 1734  are unrelated to public school employees and 2 of whom shall be
 1735  former district school board members; and 4 5 sworn law
 1736  enforcement officials, appointed by the State Board of Education
 1737  from nominations by the Commissioner of Education and subject to
 1738  Senate confirmation. Prior to making nominations, the
 1739  commissioner shall consult with teaching associations, parent
 1740  organizations, law enforcement agencies, and other involved
 1741  associations in the state. In making nominations, the
 1742  commissioner shall attempt to achieve equal geographical
 1743  representation, as closely as possible.
 1744         (a) A teacher member, in order to be qualified for
 1745  appointment:
 1746         1. Must be certified to teach in the state.
 1747         2. Must be a resident of the state.
 1748         3. Must have practiced the profession in this state for at
 1749  least 10 years, with at least 5 years of experience in this
 1750  state immediately preceding the appointment.
 1751         (b) A school administrator member, in order to be qualified
 1752  for appointment:
 1753         1. Must have an endorsement on the educator certificate in
 1754  the area of school administration or supervision.
 1755         2. Must be a resident of the state.
 1756         3. Must have practiced the profession as an administrator
 1757  for at least 5 years immediately preceding the appointment.
 1758         (c) The lay members must be residents of the state.
 1759         (d) The law enforcement official members must have served
 1760  in the profession for at least 5 years immediately preceding
 1761  appointment and have background expertise in child safety.
 1762         Section 35. Paragraph (h) of subsection (1) of section
 1763  1012.795, Florida Statutes, is amended to read:
 1764         1012.795 Education Practices Commission; authority to
 1765  discipline.—
 1766         (1) The Education Practices Commission may suspend the
 1767  educator certificate of any person as defined in s. 1012.01(2)
 1768  or (3) for up to 5 years, thereby denying that person the right
 1769  to teach or otherwise be employed by a district school board or
 1770  public school in any capacity requiring direct contact with
 1771  students for that period of time, after which the holder may
 1772  return to teaching as provided in subsection (4); may revoke the
 1773  educator certificate of any person, thereby denying that person
 1774  the right to teach or otherwise be employed by a district school
 1775  board or public school in any capacity requiring direct contact
 1776  with students for up to 10 years, with reinstatement subject to
 1777  the provisions of subsection (4); may revoke permanently the
 1778  educator certificate of any person thereby denying that person
 1779  the right to teach or otherwise be employed by a district school
 1780  board or public school in any capacity requiring direct contact
 1781  with students; may suspend the educator certificate, upon an
 1782  order of the court or notice by the Department of Revenue
 1783  relating to the payment of child support; or may impose any
 1784  other penalty provided by law, if the person:
 1785         (h) Has breached a contract, as provided in s. 1012.33(2)
 1786  or s. 1012.335.
 1787         Section 36. Review of teacher preparation program funding.—
 1788         (1) The Department of Education, in collaboration with the
 1789  Board of Governors, shall develop a methodology to determine the
 1790  cost-effectiveness of the teacher preparation programs in ss.
 1791  1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
 1792  methodology for determining program costs must use existing
 1793  expenditure data, when available.
 1794         (2) On or before December 1, 2011, the Department of
 1795  Education shall submit a report to the Governor, the President
 1796  of the Senate, and the Speaker of the House of Representatives
 1797  which:
 1798         (a) Provides a methodology to evaluate the cost
 1799  effectiveness of teacher preparation programs based on program
 1800  costs, program outcomes of student cohorts such as completion
 1801  rates, placement rates in teaching jobs, retention rates in the
 1802  classroom, and student achievement and learning gains of
 1803  students taught by graduates;
 1804         (b) Uses the methodology developed to evaluate the cost
 1805  effectiveness of the state’s teacher preparation programs; and
 1806         (c) Provides recommendations that would enhance the
 1807  Legislature’s ability to consider the program’s productivity
 1808  when allocating funds.
 1809         (3) The Office of Program Policy Analysis and Government
 1810  Accountability shall review the current standards for the
 1811  continued approval of teacher preparation programs and make
 1812  recommendations to the Legislature on or before January 1, 2012,
 1813  for any needed changes. Such recommendations shall include
 1814  proposed changes to the allocation of any state funds to teacher
 1815  preparation programs and the students enrolled in these
 1816  programs.
 1817         Section 37. If any provision of this act or its application
 1818  to any person or circumstance is held invalid, the invalidity
 1819  does not affect other provisions or applications of the act
 1820  which can be given effect without the invalid provision or
 1821  application, and to this end the provisions of this act are
 1822  severable.
 1823         Section 38. The amendments to ss. 1012.22 and 1012.33,
 1824  Florida Statutes, shall apply to contracts newly entered into,
 1825  extended, or readopted on or after July 1, 2010, and to all
 1826  contracts on or after July 1, 2013.
 1827         Section 39. Except as otherwise expressly provided in this
 1828  act, this act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2018 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader