June 19, 2018
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       Florida Senate - 2010                         CS for CS for SB 6
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Education Pre-K - 12; and Senators Thrasher, Gaetz,
       Detert, Wise, Constantine, Richter, Peaden, Storms, and Baker
       
       
       576-03297A-10                                            20106c2
    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. 447.403, F.S.;
    6         deleting a provision that provides for an expedited
    7         impasse hearing for disputes involving the Merit Award
    8         Program plan to conform to changes made by the act;
    9         amending s. 1002.33, F.S.; requiring a charter school
   10         to adopt a salary schedule for instructional personnel
   11         and school-based administrators which meets certain
   12         requirements; providing that charter schools must meet
   13         certain requirements for end-of-course assessments,
   14         performance appraisals, and certain contracts;
   15         deleting a cross-reference to conform to changes made
   16         by the act; requiring that the Commissioner of
   17         Education review certain charter schools for
   18         compliance with the requirements for a salary
   19         schedule, assessments, and contracts; requiring a
   20         specified funding adjustment to be imposed against a
   21         charter school that is not in compliance; amending s.
   22         1003.52, F.S.; deleting a cross-reference to conform
   23         to changes made by the act; repealing s. 1003.62,
   24         F.S., relating to academic performance-based charter
   25         school districts; amending s. 1003.621, F.S.;
   26         providing additional requirements for personnel in
   27         academically high-performing school districts;
   28         repealing s. 1003.63, relating to the deregulated
   29         public schools pilot program; amending s. 1004.04,
   30         F.S.; revising the criteria for continued approval of
   31         teacher preparation programs to include student
   32         learning gains; deleting the waiver of admissions
   33         criteria for certain students; deleting the criterion
   34         relating to employer satisfaction; revising the
   35         requirements for a teacher preparation program to
   36         provide additional training to a graduate who fails to
   37         demonstrate essential skills; deleting a provision
   38         that requires state-approved teacher preparation
   39         programs and public and private institutions offering
   40         training for school-readiness-related professions to
   41         report graduate satisfaction ratings; revising the
   42         requirements for preservice field experience programs;
   43         repealing s. 1004.04(11) and (12), F.S., relating to
   44         the Preteacher and Teacher Education Pilot Programs
   45         and the Teacher Education Pilot Programs for High
   46         Achieving Students; amending s. 1004.85, F.S.;
   47         revising the requirements for individuals who
   48         participate in programs at postsecondary educator
   49         preparation institutes; revising the requirements for
   50         approved alternative certification programs and
   51         instructors; creating s. 1008.222, F.S.; requiring
   52         school districts to develop and implement end-of
   53         course assessments; requiring a review of assessments
   54         by the Commissioner of Education; amending s. 1009.40,
   55         F.S.; deleting cross-references to conform to changes
   56         made by the act; repealing s. 1009.54, F.S., relating
   57         to the Critical Teacher Shortage Program; repealing s.
   58         1009.57, F.S., relating to the Florida Teacher
   59         Scholarship and Forgivable Loan Program; repealing s.
   60         1009.58, F.S., relating to the Critical Teacher
   61         Shortage Tuition Reimbursement Program; repealing s.
   62         1009.59, F.S., relating to the Critical Teacher
   63         Shortage Student Loan Forgiveness Program; amending s.
   64         1009.94, F.S.; deleting cross-references to conform to
   65         changes made by the act; creating s. 1011.626, F.S.;
   66         providing legislative findings and intent; creating
   67         the Performance Fund for Instructional Personnel and
   68         School-Based Administrators; providing for calculation
   69         of the fund amount; providing for distribution of
   70         funds to districts and specifying purposes for which
   71         funds may be expended; providing for reversion of
   72         unexpended funds; specifying that salary increases
   73         from these funds are in addition to other salary
   74         adjustments; specifying requirements for individuals
   75         paid from federal grants; requiring that each district
   76         school board submit its district adopted salary
   77         schedule and certain assessments to the Commissioner
   78         of Education for review; requiring that the
   79         commissioner determine compliance with requirements
   80         applicable to the schedules and assessments; requiring
   81         a review by the Auditor General of certain classroom
   82         teacher contracts; requiring that the Commissioner of
   83         Education notify the Governor and Legislature of
   84         school districts that fail to comply with salary
   85         schedule, assessment, and contract requirements;
   86         requiring a specified funding adjustment to be imposed
   87         against a school district for such failure to comply;
   88         requiring that the State Board of Education adopt
   89         rules; amending s. 1011.69, F.S.; deleting a provision
   90         that exempts academic performance-based charter school
   91         districts from the Equity in School-Level Funding Act
   92         to conform to changes made by the act; amending s.
   93         1012.05, F.S.; revising the Department of Education’s
   94         responsibilities for teacher recruitment; amending s.
   95         1012.07, F.S.; revising the methodology for
   96         determining critical teacher shortage areas; deleting
   97         cross-references to conform to changes made by the
   98         act; amending s. 1012.22, F.S.; revising the powers
   99         and duties of the district school board with respect
  100         to school district compensation and salary schedules;
  101         requiring that certain performance criteria be
  102         included in the adopted schedules; revising the
  103         differentiated pay provisions; repealing s. 1012.225,
  104         F.S., relating to the Merit Award Program for
  105         Instructional Personnel and School-Based
  106         Administrators; repealing s. 1012.2251, F.S., relating
  107         to the end-of-course examinations for the Merit Award
  108         Program; amending s. 1012.33, F.S.; revising
  109         provisions relating to contracts with certain
  110         educational personnel; requiring a district school
  111         board’s decision to retain personnel who have
  112         continuing contracts or professional service contracts
  113         to be primarily based on the employee’s performance;
  114         deleting requirements that school board decisions for
  115         workforce reductions be based on collective bargaining
  116         agreements; deleting requirements for district school
  117         board rules for workforce reduction; creating s.
  118         1012.335, F.S.; providing definitions; providing
  119         employment criteria for newly hired classroom
  120         teachers; providing grounds for termination; requiring
  121         that the State Board of Education adopt rules defining
  122         the term “just cause”; providing guidelines for such
  123         term; amending s. 1012.34, F.S.; revising provisions
  124         related to the appraisal of instructional personnel
  125         and school-based administrators; requiring that the
  126         Department of Education approve school district
  127         appraisal instruments; requiring the Department of
  128         Education to collect appraisal information from school
  129         districts and to report such information to the
  130         Governor and the Legislature; providing requirements
  131         for appraisal systems; authorizing an employee to
  132         request that a district school superintendent review
  133         an unsatisfactory performance appraisal; conforming
  134         provisions to changes made by the act; amending s.
  135         1012.42, F.S.; prohibiting a district school board
  136         from assigning a new teacher to teach reading,
  137         science, or mathematics if he or she is not certified
  138         in those subject areas; repealing s. 1012.52, F.S.,
  139         relating to legislative intent for teacher quality;
  140         amending s. 1012.56, F.S.; revising the certification
  141         requirements for persons holding a valid professional
  142         standard teaching certificate issued by another state;
  143         providing additional means of demonstrating mastery of
  144         professional preparation and education competence;
  145         requiring that the State Board of Education review the
  146         current subject area examinations and increase the
  147         scores necessary for achieving certification;
  148         authorizing the State Board of Education to adopt
  149         rules to allow certain college credit to be used to
  150         meet certification requirements; amending s. 1012.585,
  151         F.S.; providing for future expiration of provisions
  152         governing certification of teachers who hold national
  153         certification; revising the renewal requirements for a
  154         professional certificate; providing additional
  155         requirements that must be met in order to renew the
  156         certificate; requiring that the State Board of
  157         Education adopt rules for the renewal of a certificate
  158         held by a certificateholder who has not been evaluated
  159         under s. 1012.34, F.S.; repealing s. 1012.72, F.S.,
  160         relating to the Dale Hickam Excellent Teaching
  161         Program; amending s. 1012.79, F.S.; revising the
  162         composition of the Education Practices Commission;
  163         conforming provisions to changes made by the act;
  164         amending s. 1012.795, F.S.; conforming provisions to
  165         changes made by the act; requiring that the Department
  166         of Education submit a report on the cost-effectiveness
  167         of teacher preparation programs to the Governor and
  168         the Legislature by a specified date; specifying the
  169         report requirements; requiring that the Office of
  170         Program Policy Analysis and Government Accountability
  171         submit recommendations to the Legislature relating to
  172         changes in the criteria for the continued approval of
  173         teacher preparation programs; providing a contingent
  174         exemption from certain provisions in the act for
  175         certain school districts; providing for severability;
  176         providing for application of specified provisions of
  177         the act; providing effective dates.
  178  
  179  Be It Enacted by the Legislature of the State of Florida:
  180  
  181         Section 1. Paragraph (t) is added to subsection (2) of
  182  section 39.202, Florida Statutes, to read:
  183         39.202 Confidentiality of reports and records in cases of
  184  child abuse or neglect.—
  185         (2) Except as provided in subsection (4), access to such
  186  records, excluding the name of the reporter which shall be
  187  released only as provided in subsection (5), shall be granted
  188  only to the following persons, officials, and agencies:
  189         (t) Employees or agents of the Department of Education who
  190  are responsible for the investigation or prosecution of
  191  misconduct by certified educators.
  192         Section 2. Paragraph (c) of subsection (2) of section
  193  447.403, Florida Statutes, is amended to read:
  194         447.403 Resolution of impasses.—
  195         (2)
  196         (c)If the district school board is the public employer and
  197  an impasse is declared under subsection (1) involving a dispute
  198  of a Merit Award Program plan under s. 1012.225, the dispute is
  199  subject to an expedited impasse hearing. Notwithstanding
  200  subsections (3), (4), and (5), and the rules adopted by the
  201  commission, the following procedures shall apply:
  202         1.a.The commission shall furnish the names of seven
  203  special magistrates within 5 days after receiving notice of
  204  impasse. If the parties are unable to agree upon a special
  205  magistrate within 5 days after the date of the letter
  206  transmitting the list of choices, the commission shall
  207  immediately appoint a special magistrate. The special magistrate
  208  shall set the hearing, which shall be held no later than 15 days
  209  after the date of appointment of the special magistrate. Within
  210  5 days after the date of appointment of a special magistrate,
  211  each party shall serve upon the special magistrate and upon each
  212  other party a written list of issues at impasse.
  213         b.At the close of the hearing, the parties shall summarize
  214  their arguments and may provide a written memorandum in support
  215  of their positions.
  216         c.Within 10 days after the close of the hearing, the
  217  special magistrate shall transmit a recommended decision to the
  218  commission and the parties.
  219         d.The recommended decision of the special magistrate shall
  220  be deemed accepted by the parties, except as to those
  221  recommendations that a party specifically rejects, by filing a
  222  written notice with the commission and serving a copy on the
  223  other party within 5 days after the date of the recommended
  224  decision.
  225         2.If a party rejects any part of the recommended decision
  226  of the special magistrate, the parties shall proceed directly to
  227  resolution of the impasse by the district school board pursuant
  228  to paragraph (4)(d).
  229         Section 3. Paragraph (c) is added to subsection (16) of
  230  section 1002.33, Florida Statutes, paragraph (a) of subsection
  231  (20) of that section is amended, present subsection (26) of that
  232  section is redesignated as subsection (27), and a new subsection
  233  (26) is added to that section, to read:
  234         1002.33 Charter schools.—
  235         (16) EXEMPTION FROM STATUTES.—
  236         (c) A charter school shall also comply with the following:
  237         1. A charter school may not award a professional service
  238  contract or similar contract to a classroom teacher hired on or
  239  after July 1, 2010.
  240         2. Beginning with the 2014-2015 school year and thereafter,
  241  a charter school must adopt a salary schedule for instructional
  242  personnel and school-based administrators which compensates
  243  instructional personnel and school-based administrators based on
  244  their performance. Salary adjustments for instructional
  245  personnel and school-based administrators must be based only on
  246  performance demonstrated under s. 1012.34. A charter school may
  247  not use length of service or degrees held by instructional
  248  personnel or school-based administrators as a factor in setting
  249  the salary schedule.
  250         3. A charter school must meet the following requirements:
  251         a. Administer assessments that comply with s. 1008.222.
  252  However, a charter school may use its own assessments if the
  253  assessments comply with s. 1008.222;
  254         b. Maintain the security and integrity of end-of-course
  255  assessments developed or acquired pursuant to s. 1008.222; and
  256         c. Adopt a performance appraisal system that complies with
  257  s. 1012.34.
  258         (20) SERVICES.—
  259         (a) A sponsor shall provide certain administrative and
  260  educational services to charter schools. These services shall
  261  include contract management services; full-time equivalent and
  262  data reporting services; exceptional student education
  263  administration services; services related to eligibility and
  264  reporting duties required to ensure that school lunch services
  265  under the federal lunch program, consistent with the needs of
  266  the charter school, are provided by the school district at the
  267  request of the charter school, that any funds due to the charter
  268  school under the federal lunch program be paid to the charter
  269  school as soon as the charter school begins serving food under
  270  the federal lunch program, and that the charter school is paid
  271  at the same time and in the same manner under the federal lunch
  272  program as other public schools serviced by the sponsor or the
  273  school district; test administration services, including payment
  274  of the costs of state-required or district-required student
  275  assessments; processing of teacher certificate data services;
  276  and information services, including equal access to student
  277  information systems that are used by public schools in the
  278  district in which the charter school is located. Student
  279  performance data for each student in a charter school,
  280  including, but not limited to, FCAT scores, standardized test
  281  scores, previous public school student report cards, and student
  282  performance measures, shall be provided by the sponsor to a
  283  charter school in the same manner provided to other public
  284  schools in the district. A total administrative fee for the
  285  provision of such services shall be calculated based upon up to
  286  5 percent of the available funds defined in paragraph (17)(b)
  287  for all students. However, a sponsor may only withhold up to a
  288  5-percent administrative fee for enrollment for up to and
  289  including 500 students. For charter schools with a population of
  290  501 or more students, the difference between the total
  291  administrative fee calculation and the amount of the
  292  administrative fee withheld may only be used for capital outlay
  293  purposes specified in s. 1013.62(2). Each charter school shall
  294  receive 100 percent of the funds awarded to that school pursuant
  295  to s. 1012.225. Sponsors shall not charge charter schools any
  296  additional fees or surcharges for administrative and educational
  297  services in addition to the maximum 5-percent administrative fee
  298  withheld pursuant to this paragraph.
  299         (26) FUNDING AND COMPLIANCE.—
  300         (a) Effective with the beginning of the 2011-2012 year, and
  301  each year thereafter, the Commissioner of Education shall
  302  calculate and distribute funds from the Performance Fund for
  303  Instructional Personnel and School-Based Administrators in s.
  304  1011.626 to charter schools in the same manner as for school
  305  districts. Charter schools must meet the requirements in s.
  306  1011.626(5).
  307         (b) By September 15 of each year, each charter school
  308  governing board shall certify to the Commissioner of Education
  309  that its school meets the requirements in paragraph (16)(c). The
  310  commissioner shall verify compliance with paragraph (16)(c) by
  311  selecting a sample of charter schools each year to provide
  312  information to determine compliance. On or before October 1 of
  313  each year, a selected charter school must submit the requested
  314  information to the commissioner. On or before December 15 of
  315  each year, the commissioner shall complete a review of each
  316  selected charter school for that school year, determine
  317  compliance with paragraph (16)(c), and notify each charter
  318  school governing board and sponsor if the charter school is not
  319  in compliance with paragraph (16)(c). The commissioner shall
  320  certify the charter schools that do not comply with paragraph
  321  (16)(c) to the Governor, the President of the Senate, and the
  322  Speaker of the House of Representative on or before February 15
  323  of each year. Each certified charter school shall receive a
  324  funding adjustment of state funds equivalent to 5 percent of the
  325  total Florida Education Finance Program funds provided in the
  326  General Appropriations Act for the charter school. Such funding
  327  adjustment shall be implemented through the withholding of funds
  328  to which the charter school is entitled.
  329         Section 4. Subsection (10) of section 1003.52, Florida
  330  Statutes, is amended to read:
  331         1003.52 Educational services in Department of Juvenile
  332  Justice programs.—
  333         (10) The district school board shall recruit and train
  334  teachers who are interested, qualified, or experienced in
  335  educating students in juvenile justice programs. Students in
  336  juvenile justice programs shall be provided a wide range of
  337  educational programs and opportunities including textbooks,
  338  technology, instructional support, and other resources available
  339  to students in public schools. Teachers assigned to educational
  340  programs in juvenile justice settings in which the district
  341  school board operates the educational program shall be selected
  342  by the district school board in consultation with the director
  343  of the juvenile justice facility. Educational programs in
  344  juvenile justice facilities shall have access to the substitute
  345  teacher pool utilized by the district school board. Full-time
  346  teachers working in juvenile justice schools, whether employed
  347  by a district school board or a provider, shall be eligible for
  348  the critical teacher shortage tuition reimbursement program as
  349  defined by s. 1009.58 and other teacher recruitment and
  350  retention programs.
  351         Section 5. Section 1003.62, Florida Statutes, is repealed.
  352         Section 6. Paragraph (h) of subsection (2) of section
  353  1003.621, Florida Statutes, is amended to read:
  354         1003.621 Academically high-performing school districts.—It
  355  is the intent of the Legislature to recognize and reward school
  356  districts that demonstrate the ability to consistently maintain
  357  or improve their high-performing status. The purpose of this
  358  section is to provide high-performing school districts with
  359  flexibility in meeting the specific requirements in statute and
  360  rules of the State Board of Education.
  361         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  362  high-performing school district shall comply with all of the
  363  provisions in chapters 1000-1013, and rules of the State Board
  364  of Education which implement these provisions, pertaining to the
  365  following:
  366         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  367  differentiated pay and performance-pay policies for school
  368  administrators and instructional personnel, and s. 1012.34,
  369  relating to appraisal procedures and criteria. Professional
  370  service contracts are subject to the provisions of s. ss.
  371  1012.33 and 1012.34. Contracts with classroom teachers hired on
  372  or after July 1, 2010, are subject to s. 1012.335.
  373         Section 7. Section 1003.63, Florida Statutes, is repealed.
  374         Section 8. Paragraph (b) of subsection (4) and subsections
  375  (5) and (6) of section 1004.04, Florida Statutes, are amended to
  376  read:
  377         1004.04 Public accountability and state approval for
  378  teacher preparation programs.—
  379         (4) INITIAL STATE PROGRAM APPROVAL.—
  380         (b) Each teacher preparation program approved by the
  381  Department of Education, as provided for by this section, shall
  382  require students to meet the following as prerequisites for
  383  admission into the program:
  384         1. Have a grade point average of at least 2.5 on a 4.0
  385  scale for the general education component of undergraduate
  386  studies or have completed the requirements for a baccalaureate
  387  degree with a minimum grade point average of 2.5 on a 4.0 scale
  388  from any college or university accredited by a regional
  389  accrediting association as defined by State Board of Education
  390  rule or any college or university otherwise approved pursuant to
  391  State Board of Education rule.
  392         2. Demonstrate mastery of general knowledge, including the
  393  ability to read, write, and compute, by passing the General
  394  Knowledge Test of the Florida Teacher Certification Examination,
  395  the College Level Academic Skills Test, a corresponding
  396  component of the National Teachers Examination series, or a
  397  similar test pursuant to rules of the State Board of Education.
  398  
  399  Each teacher preparation program may waive these admissions
  400  requirements for up to 10 percent of the students admitted.
  401  Programs shall implement strategies to ensure that students
  402  admitted under a waiver receive assistance to demonstrate
  403  competencies to successfully meet requirements for
  404  certification.
  405         (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
  406  (4), failure by a public or nonpublic teacher preparation
  407  program to meet the criteria for continued program approval
  408  shall result in loss of program approval. The Department of
  409  Education, in collaboration with the departments and colleges of
  410  education, shall develop procedures for continued program
  411  approval that document the continuous improvement of program
  412  processes and graduates’ performance.
  413         (a) Continued approval of specific teacher preparation
  414  programs at each public and nonpublic postsecondary educational
  415  institution within the state is contingent upon a determination
  416  by the Department of Education of student learning gains, as
  417  measured by state assessments required under s. 1008.22.
  418         (b)(a) Continued approval of specific teacher preparation
  419  programs at each public and nonpublic postsecondary educational
  420  institution within the state is contingent upon the passing of
  421  the written examination required by s. 1012.56 by at least 90
  422  percent of the graduates of the program who take the
  423  examination. The Department of Education shall annually provide
  424  an analysis of the performance of the graduates of such
  425  institution with respect to the competencies assessed by the
  426  examination required by s. 1012.56.
  427         (c)(b) Additional criteria for continued program approval
  428  for public institutions may be approved by the State Board of
  429  Education. Such criteria must emphasize instruction in classroom
  430  management and must provide for the evaluation of the teacher
  431  candidates’ performance in this area. The criteria shall also
  432  require instruction in working with underachieving students.
  433  Program evaluation procedures must include, but are not limited
  434  to, program graduates’ satisfaction with instruction and the
  435  program’s responsiveness to local school districts. Additional
  436  criteria for continued program approval for nonpublic
  437  institutions shall be developed in the same manner as for public
  438  institutions; however, such criteria must be based upon
  439  significant, objective, and quantifiable graduate performance
  440  measures. Responsibility for collecting data on outcome measures
  441  through survey instruments and other appropriate means shall be
  442  shared by the postsecondary educational institutions and the
  443  Department of Education. By January 1 of each year, the
  444  Department of Education shall report this information for each
  445  postsecondary educational institution that has state-approved
  446  programs of teacher education to the Governor, the State Board
  447  of Education, the Board of Governors, the Commissioner of
  448  Education, the President of the Senate, the Speaker of the House
  449  of Representatives, all Florida postsecondary teacher
  450  preparation programs, and interested members of the public. This
  451  report must analyze the data and make recommendations for
  452  improving teacher preparation programs in the state.
  453         (d)(c) Continued approval for a teacher preparation program
  454  is contingent upon the results of periodic reviews, on a
  455  schedule established by the State Board of Education, of the
  456  program conducted by the postsecondary educational institution,
  457  using procedures and criteria outlined in an institutional
  458  program evaluation plan approved by the Department of Education,
  459  which must include the program’s review of and response to the
  460  effect of its candidates and graduates on K-12 student learning.
  461  This plan must also incorporate and respond to the criteria
  462  established in paragraphs (a) and (b) and (c) and include
  463  provisions for involving primary stakeholders, such as program
  464  graduates, district school personnel, classroom teachers,
  465  principals, community agencies, and business representatives in
  466  the evaluation process. Upon request by an institution, the
  467  department shall provide assistance in developing, enhancing, or
  468  reviewing the institutional program evaluation plan and training
  469  evaluation team members.
  470         (e)(d) Continued approval for a teacher preparation program
  471  is contingent upon standards being in place that are designed to
  472  adequately prepare elementary, middle, and high school teachers
  473  to instruct their students in reading and higher-level
  474  mathematics concepts and in the use of technology at the
  475  appropriate grade level.
  476         (f)(e) Continued approval of teacher preparation programs
  477  is contingent upon compliance with the student admission
  478  requirements of subsection (4) and upon the receipt of at least
  479  a satisfactory rating from public schools and private schools
  480  that employ graduates of the program. Each teacher preparation
  481  program shall guarantee the high quality of its graduates during
  482  the first 2 years immediately following graduation from the
  483  program or following the graduate’s initial certification,
  484  whichever occurs first. Any educator in a Florida school who
  485  fails to demonstrate student learning gains the essential skills
  486  as specified in paragraph (a) subparagraphs 1.-5. shall be
  487  provided additional training by the teacher preparation program
  488  at no expense to the educator or the employer. Such training
  489  must consist of an individualized plan agreed upon by the school
  490  district and the postsecondary educational institution that
  491  includes specific learning outcomes. The postsecondary
  492  educational institution assumes no responsibility for the
  493  educator’s employment contract with the employer. Employer
  494  satisfaction shall be determined by an annually administered
  495  survey instrument approved by the Department of Education that,
  496  at a minimum, must include employer satisfaction of the
  497  graduates’ ability to do the following:
  498         1. Write and speak in a logical and understandable style
  499  with appropriate grammar.
  500         2. Recognize signs of students’ difficulty with the reading
  501  and computational process and apply appropriate measures to
  502  improve students’ reading and computational performance.
  503         3. Use and integrate appropriate technology in teaching and
  504  learning processes.
  505         4. Demonstrate knowledge and understanding of Sunshine
  506  State Standards.
  507         5. Maintain an orderly and disciplined classroom conducive
  508  to student learning.
  509         (g)(f)1. Each Florida public and private institution that
  510  offers a state-approved teacher preparation program must
  511  annually report information regarding these programs to the
  512  state and the general public. This information shall be reported
  513  in a uniform and comprehensible manner that is consistent with
  514  definitions and methods approved by the Commissioner of the
  515  National Center for Educational Statistics and that is approved
  516  by the State Board of Education. This information must include,
  517  at a minimum:
  518         a. The percent of graduates obtaining full-time teaching
  519  employment within the first year of graduation.
  520         b. The average length of stay of graduates in their full
  521  time teaching positions.
  522         c. The percentage of graduates whose students achieved
  523  learning gains, as specified in paragraph (a). For purposes of
  524  this paragraph, the information shall include the percentage of
  525  the students taught per graduate who achieved learning gains.
  526  Satisfaction ratings required in paragraph (e).
  527         2. Each public and private institution offering training
  528  for school readiness related professions, including training in
  529  the fields of child care and early childhood education, whether
  530  offering career credit, associate in applied science degree
  531  programs, associate in science degree programs, or associate in
  532  arts degree programs, shall annually report information
  533  regarding these programs to the state and the general public in
  534  a uniform and comprehensible manner that conforms with
  535  definitions and methods approved by the State Board of
  536  Education. This information must include, at a minimum:
  537         a. Average length of stay of graduates in their teaching
  538  positions.
  539         b. The percent of graduates obtaining full-time teaching
  540  employment within the first year of graduation. Satisfaction
  541  ratings of graduates’ employers.
  542  
  543  This information shall be reported through publications,
  544  including college and university catalogs and promotional
  545  materials sent to potential applicants, secondary school
  546  guidance counselors, and prospective employers of the
  547  institution’s program graduates.
  548         (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary
  549  instructors, school district personnel and instructional
  550  personnel, and school sites preparing instructional personnel
  551  through preservice field experience courses and internships
  552  shall meet special requirements. District school boards are
  553  authorized to pay student teachers during their internships.
  554         (a) All instructors in postsecondary teacher preparation
  555  programs who instruct or supervise preservice field experiences,
  556  preservice experience courses, or internships shall have at
  557  least one of the following: specialized training in clinical
  558  supervision; a valid professional teaching certificate issued
  559  under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
  560  of successful teaching experience in prekindergarten through
  561  grade 12.
  562         (b) All school district personnel and instructional
  563  personnel who supervise or direct teacher preparation students
  564  during field experience courses or internships must have
  565  evidence of “clinical educator” training and must successfully
  566  demonstrate effective classroom management strategies that
  567  consistently result in improved student performance. The State
  568  Board of Education shall approve the training requirements.
  569         (c) Preservice field experience programs must provide for
  570  continuous student participation in K-12 classroom settings with
  571  supervised instruction of K-12 students. All preservice field
  572  experience programs must provide specific guidance and
  573  demonstration of effective classroom management strategies,
  574  strategies for incorporating technology into classroom
  575  instruction, strategies for incorporating scientifically
  576  researched, knowledge-based reading literacy and computational
  577  skills acquisition into classroom instruction, and ways to link
  578  instructional plans to the Sunshine State Standards, as
  579  appropriate. The length of structured field experiences may be
  580  extended to ensure that candidates achieve the competencies
  581  needed to meet certification requirements.
  582         (d) Postsecondary teacher preparation programs, in
  583  consultation cooperation with district school boards and
  584  approved private school associations, shall select the school
  585  sites for preservice field experience activities based on the
  586  instructional skills of the instructor or supervisor with whom
  587  the teaching candidate is placed, as demonstrated by the
  588  instructor’s or supervisor’s sustained student learning gains as
  589  specified in paragraph (5)(a). These sites must represent the
  590  full spectrum of school communities, including, but not limited
  591  to, schools located in urban settings. In order to be selected,
  592  school sites must demonstrate commitment to the education of
  593  public school students and to the preparation of future
  594  teachers.
  595         Section 9. Subsections (11) and (12) of section 1004.04,
  596  Florida Statutes, are repealed.
  597         Section 10. Paragraph (b) of subsection (3) and subsections
  598  (4) and (5) of section 1004.85, Florida Statutes, are amended to
  599  read:
  600         1004.85 Postsecondary educator preparation institutes.—
  601         (3) Educator preparation institutes approved pursuant to
  602  this section may offer alternative certification programs
  603  specifically designed for noneducation major baccalaureate
  604  degree holders to enable program participants to meet the
  605  educator certification requirements of s. 1012.56. Such programs
  606  shall be competency-based educator certification preparation
  607  programs that prepare educators through an alternative route. An
  608  educator preparation institute choosing to offer an alternative
  609  certification program pursuant to the provisions of this section
  610  must implement a program previously approved by the Department
  611  of Education for this purpose or a program developed by the
  612  institute and approved by the department for this purpose.
  613  Approved programs shall be available for use by other approved
  614  educator preparation institutes.
  615         (b) Each program participant must:
  616         1. Meet certification requirements pursuant to s.
  617  1012.56(1) and (2) by obtaining a statement of status of
  618  eligibility prior to admission into the program which indicates
  619  eligibility for a temporary certificate in a teaching subject
  620  and meet the requirements of s. 1012.56(2)(a)-(f).
  621         2. Participate in field experience that is appropriate to
  622  his or her educational plan.
  623         3. Demonstrate mastery of general knowledge by one of the
  624  options provided in s. 1012.56(3) prior to completion of the
  625  program.
  626         4.3. Fully demonstrate his or her ability to teach the
  627  subject area for which he or she is seeking certification
  628  through field experiences and by achievement of a passing score
  629  on the corresponding subject area test prior to completion of
  630  the program and demonstrate mastery of professional preparation
  631  and education competence by achievement of a passing score on
  632  the professional education competency examination required by
  633  state board rule prior to completion of the program.
  634         (4) Each alternative certification program institute
  635  approved pursuant to this section shall submit to the Department
  636  of Education annual performance evaluations that measure the
  637  effectiveness of the programs, including the pass rates of
  638  participants on all examinations required for teacher
  639  certification, employment rates, longitudinal retention rates,
  640  and a review of the impact that participants who have completed
  641  the program have on K-12 student learning and employer
  642  satisfaction surveys. The employer satisfaction surveys must be
  643  designed to measure the sufficient preparation of the educator
  644  to enter the classroom. These evaluations and evidence of
  645  student learning gains, as measured by state assessments
  646  required under s. 1008.22, shall be used by the Department of
  647  Education for purposes of continued approval of an educator
  648  preparation institute’s alternative certification program.
  649         (5) Instructors for an alternative certification program
  650  approved pursuant to this section must meet the requirements of
  651  s. 1004.04(6) possess a master’s degree in education or a
  652  master’s degree in an appropriate related field and document
  653  teaching experience.
  654         Section 11. Section 1008.222, Florida Statutes, is created
  655  to read:
  656         1008.222Development and implementation of end-of-course
  657  assessments of certain subject areas and grade levels.—
  658         (1) Each school district must develop or acquire a valid
  659  and reliable end-of-course assessment for each subject area and
  660  grade level not measured by state assessments required under s.
  661  1008.22 or by examinations in AP, IB, AICE, or a national
  662  industry certification identified in the Industry Certification
  663  Funding List pursuant to rules adopted by the State Board of
  664  Education. The content, knowledge, and skills assessed by end
  665  of-course assessments for each school district must be aligned
  666  to the core curricular content established in the Sunshine State
  667  Standards.
  668         (2)(a)Beginning with the 2013-2014 school year, each
  669  school district must require that each school in the district
  670  administer the district’s standard assessment for each subject
  671  area or grade level, as described in subsection (1).
  672         (b)Each district school superintendent must ensure that
  673  teachers who provide instruction in the same subject or grade
  674  level administer the same end-of-course assessment, as described
  675  in subsection (1). Each school district must adopt policies to
  676  ensure standardized administration and security of the
  677  assessments.
  678         (c) Each district school superintendent is responsible for
  679  implementing standardized assessment security and
  680  administration, the reporting of assessment results, and using
  681  assessment results to comply with provisions of ss.
  682  1012.22(1)(c) and 1012.34. The district school superintendent
  683  shall certify to the Commissioner of Education that the security
  684  of a standardized assessment required under this section is
  685  maintained. If a district school superintendent’s certification
  686  is determined to be invalid through an audit by the Auditor
  687  General or an investigation by the Department of Education, the
  688  superintendent is subject to suspension and removal on the
  689  grounds of misfeasance pursuant to s. 7, Art. IV of the State
  690  Constitution.
  691         (d) The Commissioner of Education shall identify methods to
  692  assist and support districts in the development and acquisition
  693  of assessments required under this section. Methods may include
  694  the development of item banks, facilitation of the sharing of
  695  developed tests among districts, and technical assistance in
  696  best professional practices of test development based on state
  697  adopted curriculum standards, administration, and security.
  698         Section 12. Paragraph (a) of subsection (1) of section
  699  1009.40, Florida Statutes, is amended to read:
  700         1009.40 General requirements for student eligibility for
  701  state financial aid awards and tuition assistance grants.—
  702         (1)(a) The general requirements for eligibility of students
  703  for state financial aid awards and tuition assistance grants
  704  consist of the following:
  705         1. Achievement of the academic requirements of and
  706  acceptance at a state university or community college; a nursing
  707  diploma school approved by the Florida Board of Nursing; a
  708  Florida college, university, or community college which is
  709  accredited by an accrediting agency recognized by the State
  710  Board of Education; any Florida institution the credits of which
  711  are acceptable for transfer to state universities; any career
  712  center; or any private career institution accredited by an
  713  accrediting agency recognized by the State Board of Education.
  714         2. Residency in this state for no less than 1 year
  715  preceding the award of aid or a tuition assistance grant for a
  716  program established pursuant to s. 1009.50, s. 1009.505, s.
  717  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  718  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  719  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
  720  Residency in this state must be for purposes other than to
  721  obtain an education. Resident status for purposes of receiving
  722  state financial aid awards shall be determined in the same
  723  manner as resident status for tuition purposes pursuant to s.
  724  1009.21.
  725         3. Submission of certification attesting to the accuracy,
  726  completeness, and correctness of information provided to
  727  demonstrate a student’s eligibility to receive state financial
  728  aid awards or tuition assistance grants. Falsification of such
  729  information shall result in the denial of any pending
  730  application and revocation of any award or grant currently held
  731  to the extent that no further payments shall be made.
  732  Additionally, students who knowingly make false statements in
  733  order to receive state financial aid awards or tuition
  734  assistance grants commit a misdemeanor of the second degree
  735  subject to the provisions of s. 837.06 and shall be required to
  736  return all state financial aid awards or tuition assistance
  737  grants wrongfully obtained.
  738         Section 13. Section 1009.54, Florida Statutes, is repealed.
  739         Section 14. Section 1009.57, Florida Statutes, is repealed.
  740         Section 15. Section 1009.58, Florida Statutes, is repealed.
  741         Section 16. Section 1009.59, Florida Statutes, is repealed.
  742         Section 17. Paragraph (c) of subsection (2) of section
  743  1009.94, Florida Statutes, is amended to read:
  744         1009.94 Student financial assistance database.—
  745         (2) For purposes of this section, financial assistance
  746  includes:
  747         (c) Any financial assistance provided under s. 1009.50, s.
  748  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  749  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  750  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
  751  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  752         Section 18. Section 1011.626, Florida Statutes, is created
  753  to read:
  754         1011.626 Performance Fund for Instructional Personnel and
  755  School-Based Administrators.—
  756         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  757  to ensure that every student has a high-quality teacher in his
  758  or her classroom. The Legislature intends, therefore, to hold
  759  school districts accountable for demonstrably increasing student
  760  achievement.
  761         (2) FINDINGS.—The Legislature finds that:
  762         (a) Quality classroom teachers and school-based
  763  administrators are the single greatest indicators of student
  764  achievement.
  765         (b) A school district that fails to reward quality
  766  classroom teachers or school-based administrators on the
  767  performance of their students, and instead rewards these
  768  individuals, in whole or in part, based on the number of years
  769  worked or degrees held, has violated s. 1012.22(1)(c). A school
  770  district’s failure to comply with s. 1012.22(1)(c) fails to
  771  maximize student learning by not providing the appropriate
  772  incentives to attract and retain quality classroom teachers and
  773  school-based administrators. As a result, students are penalized
  774  for the acts or omissions of district school boards or district
  775  school superintendents.
  776         (c) A school district that fails to adopt and implement
  777  end-of-course assessments that comply with s. 1008.222
  778  frustrates the purpose of ensuring that each student has a high
  779  quality teacher in his or her classroom by preventing the
  780  determination of the quality of a classroom teacher’s or school
  781  based administrator’s performance.
  782         (d) A school district that fails to comply with s. 1012.335
  783  frustrates the purpose of ensuring that each student has a high
  784  quality teacher in his or her classroom by preventing the school
  785  district from promptly removing a poor-performing classroom
  786  teacher from the classroom and employment.
  787         (3) PERFORMANCE FUND.—Effective with the beginning of the
  788  2011-2012 year and each year thereafter, the Performance Fund
  789  for Instructional Personnel and School-Based Administrators is
  790  established.
  791         (4) CALCULATION OF THE FUND.—The Commissioner of Education
  792  shall calculate for the second calculation for each district and
  793  charter school an amount of state funds equivalent to 5 percent
  794  of the total state, local, and federal funding determined by the
  795  Florida Education Finance Program under ss. 1011.62, 1011.685,
  796  and 1011.71(1) and (3). Such funds shall be designated as each
  797  district’s and charter school’s annual Performance Fund for
  798  Instructional Personnel and School-Based Administrators.
  799         (5) DISTRIBUTION OF THE FUND.—
  800         (a) The commissioner shall distribute these funds in
  801  accordance with the provisions of s. 1011.62(12) to a district
  802  for the implementation of a salary schedule adopted by the
  803  district school board pursuant to s. 1012.22, implementation of
  804  a performance appraisal system pursuant to s. 1012.34, and the
  805  development of end-of-course assessments pursuant to s.
  806  1008.222. The funds may not be used to increase the base
  807  salaries or salary adjustments of employees rated as
  808  unsatisfactory or needs improvement pursuant to s. 1012.34.
  809         (b) If funds remain in a district’s Performance Fund for
  810  Instructional Personnel and School-Based Administrators after
  811  the end-of-course assessments in s. 1008.222, performance
  812  appraisal system requirements in s. 1012.34, and salary schedule
  813  requirements in s. 1012.22 have been met, the balance may be
  814  used by the district for the same purpose as funds provided
  815  pursuant to s. 1011.62(1)(t). Any funds remaining in a
  816  district’s fund at the end of the state fiscal year shall revert
  817  to the fund from which they were appropriated.
  818         (c) A salary increase awarded from these funds shall be
  819  awarded in addition to any general increase or other adjustments
  820  to salaries which are made by a school district. An employee’s
  821  eligibility for or receipt of a salary increase shall not
  822  adversely affect that employee’s opportunity to qualify for or
  823  to receive any other compensation that is made generally
  824  available to other similarly situated district school board
  825  employees.
  826         (d) Each district shall annually set aside sufficient
  827  federal grant funds to ensure that the policies described in
  828  this section are equally applied to eligible individuals paid
  829  from federal grants.
  830         (6) REVIEW.—
  831         (a) Beginning with the 2014-2015 fiscal year and each
  832  fiscal year thereafter, each district school board must submit
  833  the district-adopted salary schedule for the school year and
  834  supporting documentation to the commissioner for review on or
  835  before October 1 of each year. On or before December 15 of each
  836  year, the commissioner shall complete a review of each salary
  837  schedule submitted for that school year, determine compliance
  838  with s. 1012.22(1)(c), and notify a district school board if the
  839  district salary schedule fails to meet the requirements in s.
  840  1012.22(1)(c). The commissioner shall certify those school
  841  districts that do not comply with s. 1012.22(1)(c) to the
  842  Governor, the President of the Senate, and the Speaker of the
  843  House of Representatives on or before February 15 of each year.
  844         (b) Beginning with the 2013-2014 fiscal year and
  845  thereafter, the commissioner shall select a sampling of school
  846  district end-of-course assessments from multiple districts, and
  847  school districts must submit for review the requested
  848  assessments and supporting documentation on or before October 1
  849  of each year. A school district that fails to provide the
  850  requested assessment to the commissioner on or before October 1
  851  of each year is in violation of s. 1008.222. On or before
  852  December 15 of each year, the commissioner shall complete a
  853  review of each selected assessment, determine compliance with s.
  854  1008.222, and notify a district school board if the selected
  855  assessment fails to meet the requirements in s. 1008.222. The
  856  commissioner shall certify those school districts that do not
  857  comply with s. 1008.222 to the Governor, the President of the
  858  Senate, and the Speaker of the House of Representatives on or
  859  before February 15 of each year.
  860         (c) In the financial audit of each school district,
  861  performed by either the Auditor General or an independent
  862  certified public accountant in accordance with s. 218.39, the
  863  auditor shall review a sample of classroom teacher contracts and
  864  determine compliance with s. 1012.335. The sample shall be
  865  selected in accordance with guidelines established by the
  866  American Institute of Certified Public Accountants. The auditor
  867  shall document violations of s. 1012.335 and provide the
  868  documentation to the Commissioner of Education on or before
  869  October 1 of each year following the audit. On or before
  870  December 15 of each year, the commissioner shall notify the
  871  Governor, the President of the Senate, the Speaker of the House
  872  of Representatives, and each school district identified in the
  873  audit that has not complied with s. 1012.335.
  874         (7) FUNDING ADJUSTMENT.—A school district that is certified
  875  by the commissioner as not in compliance with the law as
  876  described in paragraph (6)(a), paragraph (6)(b), or paragraph
  877  (6)(c) shall receive a funding adjustment equal to the amount
  878  calculated in subsection (4). Such funding adjustment shall be
  879  implemented through the withholding of undistributed funds to
  880  which the district is otherwise entitled. To the extent a
  881  district’s undistributed funds are insufficient to fully satisfy
  882  the funding adjustment, the unsatisfied balance shall be
  883  withheld from the district’s operating funds for the subsequent
  884  fiscal year in the form of a prior year adjustment.
  885         (8) RULEMAKING.—The State Board of Education shall adopt
  886  rules pursuant to ss. 120.536(1) and 120.54 to implement this
  887  section. Such rules shall include the documentation requirements
  888  for districts, processes and criteria used for determining
  889  whether the salary schedule, performance appraisal system, and
  890  end-of-course assessments comply with this section, and the
  891  reporting and monitoring processes that will be used to ensure
  892  compliance with the use of funds distributed under paragraph
  893  (5)(a).
  894         Section 19. Subsection (2) of section 1011.69, Florida
  895  Statutes, is amended to read:
  896         1011.69 Equity in School-Level Funding Act.—
  897         (2) Beginning in the 2003-2004 fiscal year, district school
  898  boards shall allocate to schools within the district an average
  899  of 90 percent of the funds generated by all schools and
  900  guarantee that each school receives at least 80 percent of the
  901  funds generated by that school based upon the Florida Education
  902  Finance Program as provided in s. 1011.62 and the General
  903  Appropriations Act, including gross state and local funds,
  904  discretionary lottery funds, and funds from the school
  905  district’s current operating discretionary millage levy. Total
  906  funding for each school shall be recalculated during the year to
  907  reflect the revised calculations under the Florida Education
  908  Finance Program by the state and the actual weighted full-time
  909  equivalent students reported by the school during the full-time
  910  equivalent student survey periods designated by the Commissioner
  911  of Education. If the district school board is providing programs
  912  or services to students funded by federal funds, any eligible
  913  students enrolled in the schools in the district shall be
  914  provided federal funds. Only academic performance-based charter
  915  school districts, pursuant to s. 1003.62, are exempt from the
  916  provisions of this section.
  917         Section 20. Subsection (4) of section 1012.05, Florida
  918  Statutes, is amended to read:
  919         1012.05 Teacher recruitment and retention.—
  920         (4) The Department of Education, in cooperation with
  921  district personnel offices, may shall sponsor virtual job fairs
  922  a job fair in a central part of the state to match high-quality,
  923  in-state educators and potential educators and out-of-state
  924  educators and potential educators with teaching opportunities in
  925  this state. The Department of Education is authorized to collect
  926  a job fair registration fee not to exceed $20 per person and a
  927  booth fee not to exceed $250 per school district or other
  928  interested participating organization. The revenue from the fees
  929  shall be used to promote and operate the job fair. Funds may be
  930  used to purchase promotional items such as mementos, awards, and
  931  plaques.
  932         Section 21. Section 1012.07, Florida Statutes, is amended
  933  to read:
  934         1012.07 Identification of critical teacher shortage areas.—
  935         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  936  “critical teacher shortage area” means high-need content areas
  937  applies to mathematics, science, career education, and high
  938  priority high priority location areas identified by. the State
  939  Board of Education may identify career education programs having
  940  critical teacher shortages. The State Board of Education shall
  941  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  942  annually identify other critical teacher shortage areas and high
  943  priority location areas. The state board must shall also
  944  consider current and emerging educational requirements and
  945  workforce demands teacher characteristics such as ethnic
  946  background, race, and sex in determining critical teacher
  947  shortage areas. School grade levels may also be designated
  948  critical teacher shortage areas. Individual district school
  949  boards may identify and submit other critical teacher shortage
  950  areas. Such submissions shortages must be aligned to current and
  951  emerging educational requirements and workforce demands in order
  952  to be certified to and approved by the State Board of Education.
  953  High-priority High priority location areas shall be in high
  954  density, low-economic urban schools, and low-density, low
  955  economic rural schools, and schools identified as lowest
  956  performing under s. 1008.33(4)(b) shall include schools which
  957  meet criteria which include, but are not limited to, the
  958  percentage of free lunches, the percentage of students under
  959  Chapter I of the Education Consolidation and Improvement Act of
  960  1981, and the faculty attrition rate.
  961         (2) This section shall be implemented only to the extent as
  962  specifically funded and authorized by law.
  963         Section 22. Effective July 1, 2014, paragraph (c) of
  964  subsection (1) of section 1012.22, Florida Statutes, is amended
  965  to read:
  966         1012.22 Public school personnel; powers and duties of the
  967  district school board.—The district school board shall:
  968         (1) Designate positions to be filled, prescribe
  969  qualifications for those positions, and provide for the
  970  appointment, compensation, promotion, suspension, and dismissal
  971  of employees as follows, subject to the requirements of this
  972  chapter:
  973         (c) Compensation and salary schedules.—
  974         1.a. As provided in this paragraph, the district school
  975  board shall adopt a salary schedule that compensates employees
  976  based on their performance. The district school board shall
  977  adopt a salary schedule or salary schedules designed to furnish
  978  incentives for improvement in training and for continued
  979  efficient service to be used as a basis for paying all school
  980  employees and fix and authorize the compensation of school
  981  employees on the basis thereof.
  982         b.2. A district school board, in determining the salary
  983  adjustments schedule for instructional personnel and school
  984  based administrators, must base a portion of each employee’s
  985  adjustment only compensation on performance demonstrated under
  986  s. 1012.34, must consider the prior teaching experience of a
  987  person who has been designated state teacher of the year by any
  988  state in the United States, and must consider prior professional
  989  experience in the field of education gained in positions in
  990  addition to district level instructional and administrative
  991  positions.
  992         c.3. In developing the salary schedule, the district school
  993  board shall seek input from parents, teachers, and
  994  representatives of the business community.
  995         2.4. Beginning with the 2007-2008 academic year, Each
  996  district school board shall adopt a salary adjustment for
  997  schedule with differentiated pay for both instructional
  998  personnel and school-based administrators. The salary schedule
  999  is subject to negotiation as provided in chapter 447 and must
 1000  allow differentiated pay based on the following:
 1001         a. Assignment to a school in a high-priority location area,
 1002  as defined in State Board of Education rule, with continued
 1003  differentiated pay contingent upon documentation of performance
 1004  under s. 1012.34;
 1005         b. Certification and teaching in critical teacher shortage
 1006  areas, as defined in State Board of Education rule, with
 1007  continued differentiated pay contingent upon documentation of
 1008  performance under s. 1012.34; and
 1009         c. Assignment of additional academic responsibilities, with
 1010  continued differentiated pay contingent upon documentation of
 1011  performance under s. 1012.34.
 1012         3. A district school board shall adopt a salary schedule
 1013  for beginning and renewing teachers as follows:
 1014         a. A beginning teacher. For purposes of this sub
 1015  subparagraph, the term “beginning teacher” is a classroom
 1016  teacher as defined in s. 1012.01(2)(a) who has no prior K-12
 1017  teaching experience.
 1018         b. A teacher who holds a valid professional standard
 1019  certificate issued by another state and who is hired by the
 1020  district school board.
 1021         c. A teacher who holds a valid professional certificate
 1022  issued pursuant to s. 1012.56, who has not taught in the
 1023  classroom at any time during the previous certification period,
 1024  and who is hired by the district school board.
 1025         4. The salary schedule in subparagraph 3. shall be in
 1026  effect only for the first year that the teacher provides
 1027  instruction in a Florida K-12 classroom. A district school board
 1028  may not use length of service or degrees held as a factor in
 1029  setting a salary schedule district-determined factors,
 1030  including, but not limited to, additional responsibilities,
 1031  school demographics, critical shortage areas, and level of job
 1032  performance difficulties.
 1033         Section 23. Section 1012.225, Florida Statutes, is
 1034  repealed.
 1035         Section 24. Section 1012.2251, Florida Statutes, is
 1036  repealed.
 1037         Section 25. Subsection (5) of section 1012.33, Florida
 1038  Statutes, is amended to read:
 1039         1012.33 Contracts with instructional staff, supervisors,
 1040  and school principals.—
 1041         (5) Should a district school board have to choose from
 1042  among its personnel who are on continuing contracts or
 1043  professional service contracts as to which should be retained,
 1044  such decisions shall be based primarily upon the employee’s
 1045  performance as provided in s. 1012.34 made pursuant to the terms
 1046  of a collectively bargained agreement, when one exists. If no
 1047  such agreement exists, the district school board shall prescribe
 1048  rules to handle reductions in workforce.
 1049         Section 26. Section 1012.335, Florida Statutes, is created
 1050  to read:
 1051         1012.335 Contracts with classroom teachers hired on or
 1052  after July 1, 2010.—
 1053         (1) DEFINITIONS.—As used in this section, the term:
 1054         (a) “Annual contract” means a contract for a period of no
 1055  longer than 1 school year in which the district school board may
 1056  choose to renew or not renew without cause.
 1057         (b) “Classroom teacher” means a classroom teacher as
 1058  defined in s. 1012.01(2)(a), excluding substitute teachers.
 1059         (c) “Probationary contract” means a contract for a period
 1060  of no longer than 1 school year during which a classroom teacher
 1061  may be dismissed without cause or may resign from the
 1062  contractual position without breach of contract.
 1063         (2) EMPLOYMENT.—
 1064         (a) Beginning July 1, 2010, each person newly hired as a
 1065  classroom teacher by a school district shall receive a
 1066  probationary contract.
 1067         (b) A classroom teacher may receive up to four annual
 1068  contracts in a school district in this state if the teacher:
 1069         1. Holds a professional certificate as prescribed by s.
 1070  1012.56 and in the rules of the State Board of Education; and
 1071         2. Has been recommended by the district school
 1072  superintendent for the annual contract and approved by the
 1073  district school board.
 1074         (c) A classroom teacher may not receive an annual contract
 1075  for the 6th year of teaching and thereafter unless the classroom
 1076  teacher:
 1077         1. Holds a professional certificate as prescribed by s.
 1078  1012.56 and in the rules of the State Board of Education;
 1079         2. Has been recommended by the district school
 1080  superintendent for the annual contract and approved by the
 1081  district school board; and
 1082         3. Has received an effective or highly effective
 1083  designation on his or her appraisal pursuant to s. 1012.34 in at
 1084  least 2 of the 3 preceding years for each year an annual
 1085  contract is sought.
 1086         (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
 1087  CONTRACT.—A classroom teacher who has an annual contract may be
 1088  suspended or dismissed at any time during the term of the
 1089  contract for just cause as provided in subsection (4). The
 1090  district school board must notify a classroom teacher in writing
 1091  whenever charges are made against the classroom teacher, and the
 1092  district school board may suspend him or her without pay.
 1093  However, if the charges are not sustained, the classroom teacher
 1094  shall be immediately reinstated and his or her back pay shall be
 1095  paid.
 1096         (4) JUST CAUSE.—The State Board of Education shall adopt
 1097  rules to define the term “just cause.” Just cause includes, but
 1098  is not limited to:
 1099         (a) Immorality.
 1100         (b) Misconduct in office.
 1101         (c) Incompetency.
 1102         (d) Gross insubordination.
 1103         (e) Willful neglect of duty.
 1104         (f) Being convicted or found guilty of, or entering a plea
 1105  of guilty to, regardless of adjudication of guilt, any crime
 1106  involving moral turpitude.
 1107         (g) Poor performance as demonstrated by a lack of student
 1108  learning gains, as specified in s. 1012.34.
 1109         Section 27. Section 1012.34, Florida Statutes, is amended
 1110  to read:
 1111         1012.34 Appraisal Assessment procedures and criteria.—
 1112         (1) For the purpose of increasing student achievement by
 1113  improving the quality of instructional, administrative, and
 1114  supervisory services in the public schools of the state, the
 1115  district school superintendent shall establish procedures for
 1116  evaluating assessing the performance of duties and
 1117  responsibilities of all instructional, administrative, and
 1118  supervisory personnel employed by the school district. The
 1119  Department of Education must approve each district’s
 1120  instructional personnel appraisal assessment system and
 1121  appraisal instruments. The Department of Education must approve
 1122  each school-based administrator appraisal system and appraisal
 1123  instruments. The department shall collect from each school
 1124  district the annual performance ratings of all instructional and
 1125  school-based administrative personnel and report the percentage
 1126  of each of these employees receiving each rating category by
 1127  school and by district to the Governor, the President of the
 1128  Senate, and the Speaker of the House of Representatives.
 1129         (2) The following conditions must be considered in the
 1130  design of the district’s instructional personnel appraisal
 1131  assessment system:
 1132         (a) The system must be designed to support high-quality
 1133  instruction and increased academic achievement district and
 1134  school level improvement plans.
 1135         (b) The system must provide appropriate appraisal
 1136  instruments, procedures, and criteria for continuous quality
 1137  improvement of the professional skills of instructional
 1138  personnel.
 1139         (c) The system must include a mechanism to examine
 1140  performance data from multiple sources, which includes giving
 1141  give parents an opportunity to provide input into employee
 1142  performance appraisals assessments when appropriate.
 1143         (d) In addition to addressing generic teaching
 1144  competencies, districts must determine those teaching fields for
 1145  which special procedures and criteria will be developed.
 1146         (e) Each district school board may establish a peer
 1147  assistance process. The plan may provide a mechanism for
 1148  assistance of persons who are placed on performance probation as
 1149  well as offer assistance to other employees who request it.
 1150         (f) Each The district school board shall provide training
 1151  programs that are based upon guidelines provided by the
 1152  Department of Education to ensure that all individuals with
 1153  evaluation responsibilities understand the proper use of the
 1154  appraisal assessment criteria and procedures.
 1155         (g) The system must differentiate among four levels of
 1156  performance: unsatisfactory, needs improvement, effective, and
 1157  highly effective. The Commissioner of Education shall consult
 1158  with performance pay experts and classroom teachers in
 1159  developing the performance levels. Beginning with the 2014-2015
 1160  school year and thereafter, instructional personnel and school
 1161  based administrators may not be rated as effective or highly
 1162  effective if their students fail to demonstrate learning gains.
 1163         (h) The system must include a process for monitoring the
 1164  effective and consistent use of appraisal criteria by
 1165  supervisors and administrators and a process for evaluating the
 1166  effectiveness of the system itself in improving the level of
 1167  instruction and learning in the district’s schools.
 1168         (3) The appraisal assessment procedure for instructional
 1169  personnel and school administrators must be primarily based on
 1170  the performance of students assigned to their classrooms or
 1171  schools, as described in paragraph (a) appropriate. Pursuant to
 1172  this section, A school district’s performance appraisal
 1173  assessment is not limited to basing unsatisfactory performance
 1174  of instructional personnel and school administrators upon
 1175  student performance, but may include other criteria approved to
 1176  evaluate assess instructional personnel and school
 1177  administrators’ performance, or any combination of student
 1178  performance and other approved criteria. The procedures must
 1179  comply with, but are not limited to, the following requirements:
 1180         (a) An appraisal assessment must be conducted for each
 1181  employee at least once a year, except that an appraisal for each
 1182  teacher, as described in s. 1012.22(1)(c)3., must be conducted
 1183  at least twice a year. The assessment must be based upon sound
 1184  educational principles and contemporary research in effective
 1185  educational practices. The assessment must primarily use data
 1186  and indicators of improvement in student performance assessed
 1187  annually as specified in s. 1008.22 and may consider results of
 1188  peer reviews in evaluating the employee’s performance. Student
 1189  performance must be measured by state assessments required under
 1190  s. 1008.22 and by local assessments for subjects and grade
 1191  levels not measured by the state assessment program. The
 1192  appraisal assessment criteria must include, but are not limited
 1193  to, indicators that relate to the following:
 1194         1. Performance of students.
 1195         a. Beginning with the 2014-2015 school year and thereafter,
 1196  for the classroom teacher, the learning gains of students
 1197  assigned to the teacher must comprise more than 50 percent of
 1198  the determination of the classroom teacher’s performance.
 1199  Beginning with the 2014-2015 school year and thereafter, for
 1200  instructional personnel, who are not classroom teachers, the
 1201  learning gains of students assigned to the school must comprise
 1202  more than 50 percent of the determination of the individual’s
 1203  performance. A school district may use the learning gains of
 1204  students assigned to the classroom teacher for the preceding 3
 1205  years, or, for instructional personnel who are not classroom
 1206  teachers, the learning gains of students assigned to the school
 1207  for the preceding 3 years, to determine the individual’s
 1208  performance. For purposes of this sub-subparagraph, “school”
 1209  means the school to which the instructional personnel, who is
 1210  not a classroom teacher, was assigned for the last 3 years.
 1211  Student learning gains are measured by state assessments
 1212  required under s. 1008.22, examinations in AP, IB, AICE, or a
 1213  national industry certification identified in the Industry
 1214  Certification Funding List pursuant to rules adopted by the
 1215  State Board of Education, or district assessments for subject
 1216  areas and grade levels as required under s. 1008.222.
 1217         b. For instructional personnel, more than 50 percent of the
 1218  determination of the individual’s performance must be based on
 1219  the performance of students assigned to their classrooms or
 1220  schools, as appropriate. Student performance must be measured by
 1221  state assessments required under s. 1008.22 and by local
 1222  assessments for subjects and grade levels not measured by the
 1223  state assessment program. This sub-subparagraph expires July 1,
 1224  2014.
 1225         2. Instructional practice. For instructional personnel,
 1226  performance criteria must be based on the Florida Educator
 1227  Accomplished Practices adopted by the State Board of Education
 1228  by rule, which include:
 1229         a. Ability to maintain appropriate discipline.
 1230         b.3. Knowledge of subject matter. The district school board
 1231  shall make special provisions for evaluating teachers who are
 1232  assigned to teach out-of-field.
 1233         c.4. Ability to plan and deliver effective instruction and
 1234  the effective use of technology in the classroom.
 1235         d.5. Ability to use assessment data and other evidence of
 1236  student learning to design and implement differentiated
 1237  instructional strategies in order to meet individual student
 1238  needs for remediation or acceleration evaluate instructional
 1239  needs.
 1240         e.6. Ability to establish and maintain a positive
 1241  collaborative relationship with students’ families to increase
 1242  student achievement.
 1243         f.7. Other professional competencies, responsibilities, and
 1244  requirements as established by rules of the State Board of
 1245  Education and policies of the district school board.
 1246         3.Instructional leadership performance.
 1247         a. Beginning with the 2014-2015 school year and thereafter,
 1248  for a school-based administrator, the learning gains of students
 1249  assigned to the school must comprise more than 50 percent of the
 1250  determination of the school-based administrator’s performance. A
 1251  school district may use the learning gains of students assigned
 1252  to the school for the preceding 3 years to determine the school
 1253  based administrator’s performance. For purposes of this sub
 1254  subparagraph, “school” means the school to which the
 1255  administrator was assigned for the last 3 years. Student
 1256  learning gains are measured by state assessments required under
 1257  s. 1008.22, examinations in AP, IB, AICE, or a national industry
 1258  certification identified in the Industry Certification Funding
 1259  List pursuant to rules adopted by the State Board of Education,
 1260  or district assessments for subject areas and grade levels as
 1261  required under s. 1008.222.
 1262         b. For school-based administrators, more than 50 percent of
 1263  the determination of the individual’s performance must be based
 1264  on the performance of students assigned to their schools.
 1265  Student performance must be measured by state assessments
 1266  required under s. 1008.22 and by local assessments for subjects
 1267  and grade levels not measured by the state assessment program.
 1268  This sub-subparagraph expires July 1, 2014.
 1269         4. Instructional leadership practice. For a school-based
 1270  administrator, performance criteria must be based on the Florida
 1271  Principal Leadership Standards adopted by the State Board of
 1272  Education under s. 1012.986, which includes the ability to:
 1273         a. Manage human, financial, and material resources so as to
 1274  maximize the share of resources used for direct instruction, as
 1275  opposed to overhead or other purposes; and
 1276         b. Recruit and retain high-performing teachers.
 1277         (b) All personnel must be fully informed of the criteria
 1278  and procedures associated with the appraisal assessment process
 1279  before the appraisal assessment takes place.
 1280         (c) The individual responsible for supervising the employee
 1281  must evaluate assess the employee’s performance. The evaluator
 1282  must submit a written report of the appraisal assessment to the
 1283  district school superintendent for the purpose of reviewing the
 1284  employee’s contract. The evaluator must submit the written
 1285  report to the employee no later than 10 days after the appraisal
 1286  assessment takes place. The evaluator must discuss the written
 1287  report of the appraisal assessment with the employee. The
 1288  employee shall have the right to initiate a written response to
 1289  the appraisal assessment, and the response shall become a
 1290  permanent attachment to his or her personnel file.
 1291         (d) If an employee is not performing his or her duties in a
 1292  satisfactory manner, the evaluator shall notify the employee in
 1293  writing of such determination. The notice must describe such
 1294  unsatisfactory performance and include notice of the following
 1295  procedural requirements:
 1296         1. Upon delivery of a notice of unsatisfactory performance,
 1297  the evaluator must confer with the employee, make
 1298  recommendations with respect to specific areas of unsatisfactory
 1299  performance, and provide assistance in helping to correct
 1300  deficiencies within a prescribed period of time.
 1301         2.a. If the employee holds an annual contract as provided
 1302  in s. 1012.335, and receives an unsatisfactory performance
 1303  appraisal pursuant to the criteria in subparagraph (a)2., the
 1304  employee may request a review of the appraisal by the district
 1305  school superintendent or his or her designee. The district
 1306  school superintendent may review the employee’s appraisal.
 1307         b. If the employee holds a professional service contract as
 1308  provided in s. 1012.33, the employee shall be placed on
 1309  performance probation and governed by the provisions of this
 1310  section for 90 calendar days following the receipt of the notice
 1311  of unsatisfactory performance to demonstrate corrective action.
 1312  School holidays and school vacation periods are not counted when
 1313  calculating the 90-calendar-day period. During the 90 calendar
 1314  days, the employee who holds a professional service contract
 1315  must be evaluated periodically and apprised of progress achieved
 1316  and must be provided assistance and inservice training
 1317  opportunities to help correct the noted performance
 1318  deficiencies. At any time during the 90 calendar days, the
 1319  employee who holds a professional service contract may request a
 1320  transfer to another appropriate position with a different
 1321  supervising administrator; however, a transfer does not extend
 1322  the period for correcting performance deficiencies.
 1323         c.b. Within 14 days after the close of the 90 calendar
 1324  days, the evaluator must evaluate assess whether the performance
 1325  deficiencies have been corrected and forward a recommendation to
 1326  the district school superintendent. Within 14 days after
 1327  receiving the evaluator’s recommendation, the district school
 1328  superintendent must notify the employee who holds a professional
 1329  service contract in writing whether the performance deficiencies
 1330  have been satisfactorily corrected and whether the district
 1331  school superintendent will recommend that the district school
 1332  board continue or terminate his or her employment contract. If
 1333  the employee wishes to contest the district school
 1334  superintendent’s recommendation, the employee must, within 15
 1335  days after receipt of the district school superintendent’s
 1336  recommendation, submit a written request for a hearing. The
 1337  hearing shall be conducted at the district school board’s
 1338  election in accordance with one of the following procedures:
 1339         (I) A direct hearing conducted by the district school board
 1340  within 60 days after receipt of the written appeal. The hearing
 1341  shall be conducted in accordance with the provisions of ss.
 1342  120.569 and 120.57. A majority vote of the membership of the
 1343  district school board shall be required to sustain the district
 1344  school superintendent’s recommendation. The determination of the
 1345  district school board shall be final as to the sufficiency or
 1346  insufficiency of the grounds for termination of employment; or
 1347         (II) A hearing conducted by an administrative law judge
 1348  assigned by the Division of Administrative Hearings of the
 1349  Department of Management Services. The hearing shall be
 1350  conducted within 60 days after receipt of the written appeal in
 1351  accordance with chapter 120. The recommendation of the
 1352  administrative law judge shall be made to the district school
 1353  board. A majority vote of the membership of the district school
 1354  board shall be required to sustain or change the administrative
 1355  law judge’s recommendation. The determination of the district
 1356  school board shall be final as to the sufficiency or
 1357  insufficiency of the grounds for termination of employment.
 1358         (4) The district school superintendent shall notify the
 1359  department of any instructional personnel who receive two
 1360  consecutive unsatisfactory evaluations and who have been given
 1361  written notice by the district that their employment is being
 1362  terminated or is not being renewed or that the district school
 1363  board intends to terminate, or not renew, their employment. The
 1364  department shall conduct an investigation to determine whether
 1365  action shall be taken against the certificateholder pursuant to
 1366  s. 1012.795(1)(c).
 1367         (5) The district school superintendent shall develop a
 1368  mechanism for evaluating the effective use of appraisal
 1369  assessment criteria and evaluation procedures by administrators
 1370  who are assigned responsibility for evaluating the performance
 1371  of instructional personnel. The use of the appraisal assessment
 1372  and evaluation procedures shall be considered as part of the
 1373  annual appraisal assessment of the administrator’s performance.
 1374  The system must include a mechanism to give parents and teachers
 1375  an opportunity to provide input into the administrator’s
 1376  performance assessment, when appropriate.
 1377         (6) Nothing in this section shall be construed to grant a
 1378  probationary employee a right to continued employment beyond the
 1379  term of his or her contract.
 1380         (7) The district school board shall establish a procedure
 1381  annually reviewing instructional personnel appraisal assessment
 1382  systems to determine compliance with this section. All
 1383  substantial revisions to an approved system must be reviewed and
 1384  approved by the district school board before being used to
 1385  evaluate assess instructional personnel. Upon request by a
 1386  school district, the department shall provide assistance in
 1387  developing, improving, or reviewing an appraisal assessment
 1388  system.
 1389         (8) The State Board of Education shall adopt rules pursuant
 1390  to ss. 120.536(1) and 120.54, that establish uniform guidelines
 1391  for the submission, review, and approval of district procedures
 1392  for the annual appraisal assessment of instructional personnel
 1393  and school-based administrative personnel and that include the
 1394  method of calculating rates of student learning tied to
 1395  differentiated levels of performance as provided for in
 1396  paragraph (2)(g) and criteria for evaluating professional
 1397  performance.
 1398         Section 28. Subsection (3) is added to section 1012.42,
 1399  Florida Statutes, to read:
 1400         1012.42 Teacher teaching out-of-field.—
 1401         (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011
 1402  school year, a district school board shall not assign any
 1403  beginning teacher to teach reading, science, or mathematics if
 1404  he or she is not certified in reading, science, or mathematics.
 1405         Section 29. Section 1012.52, Florida Statutes, is repealed.
 1406         Section 30. Paragraph (c) of subsection (2), subsections
 1407  (5), (6), and (7), paragraph (b) of subsection (9), and
 1408  subsection (17) of section 1012.56, Florida Statutes, are
 1409  amended to read:
 1410         1012.56 Educator certification requirements.—
 1411         (2) ELIGIBILITY CRITERIA.—To be eligible to seek
 1412  certification, a person must:
 1413         (c) Document receipt of a bachelor’s or higher degree from
 1414  an accredited institution of higher learning, or a nonaccredited
 1415  institution of higher learning that the Department of Education
 1416  has identified as having a quality program resulting in a
 1417  bachelor’s degree, or higher. Each applicant seeking initial
 1418  certification must have attained at least a 2.5 overall grade
 1419  point average on a 4.0 scale in the applicant’s major field of
 1420  study. The applicant may document the required education by
 1421  submitting official transcripts from institutions of higher
 1422  education or by authorizing the direct submission of such
 1423  official transcripts through established electronic network
 1424  systems. The bachelor’s or higher degree may not be required in
 1425  areas approved in rule by the State Board of Education as
 1426  nondegreed areas. The State Board of Education may adopt rules
 1427  that, for purposes of demonstrating completion of certification
 1428  requirements specified in state board rule, allow for the
 1429  acceptance of college course credits recommended by the American
 1430  Council on Education (ACE), as posted on an official ACE
 1431  transcript.
 1432         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
 1433  demonstrating mastery of subject area knowledge are:
 1434         (a) Achievement of passing scores on subject area
 1435  examinations required by state board rule, which may include,
 1436  but need not be limited to, world languages in Arabic, Chinese,
 1437  Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
 1438  Italian, Japanese, Portuguese, Russian, and Spanish;
 1439         (b) Completion of a bachelor’s degree or higher and
 1440  verification of the attainment of an oral proficiency interview
 1441  score above the intermediate level and a written proficiency
 1442  score above the intermediate level on a test administered by the
 1443  American Council on the Teaching of Foreign Languages for which
 1444  there is no Florida-developed examination;
 1445         (c) Completion of the subject area specialization
 1446  requirements specified in state board rule and verification of
 1447  the attainment of the essential subject matter competencies by
 1448  the district school superintendent of the employing school
 1449  district or chief administrative officer of the employing state
 1450  supported or private school for a subject area for which a
 1451  subject area examination has not been developed and required by
 1452  state board rule;
 1453         (d) Completion of the subject area specialization
 1454  requirements specified in state board rule for a subject
 1455  coverage requiring a master’s or higher degree and achievement
 1456  of a passing score on the subject area examination specified in
 1457  state board rule;
 1458         (e) A valid professional standard teaching certificate
 1459  issued by another state and achievement of a passing score on
 1460  the subject area exam specified in State Board of Education rule
 1461  or by a full demonstration of mastery of his or her ability to
 1462  teach the subject area for which he or she is seeking
 1463  certification, as provided by rules of the State Board of
 1464  Education; or
 1465         (f) A valid certificate issued by the National Board for
 1466  Professional Teaching Standards or a national educator
 1467  credentialing board approved by the State Board of Education.
 1468  
 1469  School districts are encouraged to provide mechanisms for those
 1470  middle school teachers holding only a K-6 teaching certificate
 1471  to obtain a subject area coverage for middle grades through
 1472  postsecondary coursework or district add-on certification.
 1473         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
 1474  COMPETENCE.—Acceptable means of demonstrating mastery of
 1475  professional preparation and education competence are:
 1476         (a) Completion of an approved teacher preparation program
 1477  at a postsecondary educational institution within this state and
 1478  achievement of a passing score on the professional education
 1479  competency examination required by state board rule;
 1480         (b) Completion of a teacher preparation program at a
 1481  postsecondary educational institution outside Florida and
 1482  achievement of a passing score on the professional education
 1483  competency examination required by state board rule;
 1484         (c) A valid professional standard teaching certificate
 1485  issued by another state;
 1486         (d) A valid certificate issued by the National Board for
 1487  Professional Teaching Standards or a national educator
 1488  credentialing board approved by the State Board of Education;
 1489         (e) Documentation of two semesters of successful teaching
 1490  in a community college, state university, or private college or
 1491  university that awards an associate or higher degree and is an
 1492  accredited institution or an institution of higher education
 1493  identified by the Department of Education as having a quality
 1494  program;
 1495         (f) Completion of professional preparation courses as
 1496  specified in state board rule, successful completion of a
 1497  professional education competence demonstration program pursuant
 1498  to paragraph (8)(b), and achievement of a passing score on the
 1499  professional education competency examination required by state
 1500  board rule;
 1501         (g) Successful completion of a professional preparation
 1502  alternative certification and education competency program,
 1503  outlined in paragraph (8)(a); or
 1504         (h) Successful completion of an alternative certification
 1505  program pursuant to s. 1004.85 and achievement of a passing
 1506  score on the professional education competency examination
 1507  required by rule of the State Board of Education; or.
 1508         (i)Successful completion of a professional education
 1509  training program provided by Teach for America and achievement
 1510  of a passing score on the professional education competency
 1511  examination required by rule of the State Board of Education.
 1512         (7) TYPES AND TERMS OF CERTIFICATION.—
 1513         (a) The Department of Education shall issue a professional
 1514  certificate for a period not to exceed 5 years to any applicant
 1515  who meets all the requirements outlined in subsection (2).
 1516         (b) The department shall issue a temporary certificate to
 1517  any applicant who meets the following requirements:
 1518         1. Completes the requirements outlined in paragraphs
 1519  (2)(a)-(f); and
 1520         2.a. Completes the subject area content requirements
 1521  specified in state board rule; or
 1522         b. Demonstrates mastery of subject area knowledge pursuant
 1523  to subsection (5); and
 1524         3. Holds an accredited degree or a degree approved by the
 1525  Department of Education at the level required for the subject
 1526  area specialization in state board rule.
 1527         (c) The department shall issue one nonrenewable 2-year
 1528  temporary certificate and one nonrenewable 5-year professional
 1529  certificate to a qualified applicant who holds a bachelor’s
 1530  degree in the area of speech-language impairment to allow for
 1531  completion of a master’s degree program in speech-language
 1532  impairment.
 1533  
 1534  Each temporary certificate is valid for 3 school fiscal years
 1535  and is nonrenewable. However, the requirement in paragraphs
 1536  paragraph (2)(g) and (h) must be met within 1 calendar year of
 1537  the date of employment under the temporary certificate.
 1538  Individuals who are employed under contract at the end of the 1
 1539  calendar year time period may continue to be employed through
 1540  the end of the school year in which they have been contracted. A
 1541  school district shall not employ, or continue the employment of,
 1542  an individual in a position for which a temporary certificate is
 1543  required beyond this time period if the individual has not met
 1544  the requirement of paragraph (2)(g) or paragraph (2)(h). The
 1545  State Board of Education shall adopt rules to allow the
 1546  department to extend the validity period of a temporary
 1547  certificate for 2 years when the requirements for the
 1548  professional certificate, not including the requirement in
 1549  paragraph (2)(g) or paragraph (2)(h), were not completed due to
 1550  the serious illness or injury of the applicant or other
 1551  extraordinary extenuating circumstances. The department shall
 1552  reissue the temporary certificate for 2 additional years upon
 1553  approval by the Commissioner of Education. A written request for
 1554  reissuance of the certificate shall be submitted by the district
 1555  school superintendent, the governing authority of a university
 1556  lab school, the governing authority of a state-supported school,
 1557  or the governing authority of a private school.
 1558         (9) EXAMINATIONS.—
 1559         (b) The State Board of Education shall, by rule, specify
 1560  the examination scores that are required for the issuance of a
 1561  professional certificate and temporary certificate. Such rules
 1562  must define generic subject area and reading instruction
 1563  competencies and must establish uniform evaluation guidelines.
 1564  The State Board of Education shall review the current subject
 1565  area examinations and, if necessary, revise the passing scores
 1566  and reading instruction pursuant to s. 1001.215 required for
 1567  achieving certification in order to match expectations for
 1568  teacher competency in each subject area.
 1569         (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.
 1570  Beginning with the 2003-2004 school year, The Department of
 1571  Education shall conduct a longitudinal study to compare
 1572  performance of certificateholders who are employed in Florida
 1573  school districts. The study shall compare a sampling of
 1574  educators who have qualified for a professional certificate
 1575  since July 1, 2002, based on the following:
 1576         (a) Graduation from a state-approved teacher preparation
 1577  program.
 1578         (b) Completion of a state-approved professional preparation
 1579  and education competency program.
 1580         (c) A valid standard teaching certificate issued by a state
 1581  other than Florida.
 1582  
 1583  The department comparisons shall be made to determine if there
 1584  is any significant difference in the performance of these groups
 1585  of teachers, as measured by their students’ achievement levels
 1586  and learning gains as measured by s. 1008.22.
 1587         Section 31. Paragraph (b) of subsection (2) and subsection
 1588  (5) of section 1012.585, Florida Statutes, are amended, and
 1589  subsection (6) is added to that section, to read:
 1590         1012.585 Process for renewal of professional certificates.—
 1591         (2)
 1592         (b) A teacher with national certification from the National
 1593  Board for Professional Teaching Standards is deemed to meet
 1594  state renewal requirements for the life of the teacher’s
 1595  national certificate in the subject shown on the national
 1596  certificate. A complete renewal application and fee shall be
 1597  submitted. The Commissioner of Education shall notify teachers
 1598  of the renewal application and fee requirements. This paragraph
 1599  expires July 1, 2014.
 1600         (5) The State Board of Education shall adopt rules to allow
 1601  the reinstatement of expired professional certificates. The
 1602  department may reinstate an expired professional certificate if
 1603  the certificateholder:
 1604         (a) Submits an application for reinstatement of the expired
 1605  certificate.
 1606         (b) Documents completion of 6 college credits during the 5
 1607  years immediately preceding reinstatement of the expired
 1608  certificate, completion of 120 inservice points, or a
 1609  combination thereof, in an area specified in paragraph (3)(a).
 1610         (c) Meets the requirements in subsection (6).
 1611         (d)(c) During the 5 years immediately preceding
 1612  reinstatement of the certificate, achieves a passing score on
 1613  the subject area test for each subject to be shown on the
 1614  reinstated certificate.
 1615  
 1616  The requirements of this subsection may not be satisfied by
 1617  subject area tests or college credits completed for issuance of
 1618  the certificate that has expired.
 1619         (6) Beginning with the 2014-2015 school year, the
 1620  requirements for the renewal of a professional certificate shall
 1621  include documentation of effective or highly effective
 1622  performance as demonstrated under s. 1012.34 for at least 4 of
 1623  the preceding 5 years before the renewal certification is
 1624  sought. The State Board of Education shall adopt rules to define
 1625  the process for documenting effective performance under this
 1626  subsection, including equivalent options for individuals who
 1627  have not been evaluated under s. 1012.34. An individual’s
 1628  certificate shall expire if the individual is not able to
 1629  demonstrate effective performance as required under this
 1630  subsection and the rules of the state board. The individual may
 1631  apply to reinstate his or her professional certificate under
 1632  subsection (5).
 1633         Section 32. Section 1012.72, Florida Statutes, is repealed.
 1634         Section 33. Subsection (1) of section 1012.79, Florida
 1635  Statutes, is amended to read:
 1636         1012.79 Education Practices Commission; organization.—
 1637         (1) The Education Practices Commission consists of 25
 1638  members, including 11 8 teachers; 5 administrators, at least one
 1639  of whom may shall represent a private school; 5 7 lay citizens,
 1640  3 5 of whom shall be parents of public school students and who
 1641  are unrelated to public school employees and 2 of whom shall be
 1642  former district school board members; and 4 5 sworn law
 1643  enforcement officials, appointed by the State Board of Education
 1644  from nominations by the Commissioner of Education and subject to
 1645  Senate confirmation. Prior to making nominations, the
 1646  commissioner shall consult with teaching associations, parent
 1647  organizations, law enforcement agencies, and other involved
 1648  associations in the state. In making nominations, the
 1649  commissioner shall attempt to achieve equal geographical
 1650  representation, as closely as possible.
 1651         (a) A teacher member, in order to be qualified for
 1652  appointment:
 1653         1. Must be certified to teach in the state.
 1654         2. Must be a resident of the state.
 1655         3. Must have practiced the profession in this state for at
 1656  least 10 years, with at least 5 years of experience in this
 1657  state immediately preceding the appointment.
 1658         (b) A school administrator member, in order to be qualified
 1659  for appointment:
 1660         1. Must have an endorsement on the educator certificate in
 1661  the area of school administration or supervision.
 1662         2. Must be a resident of the state.
 1663         3. Must have practiced the profession as an administrator
 1664  for at least 5 years immediately preceding the appointment.
 1665         (c) The lay members must be residents of the state.
 1666         (d) The law enforcement official members must have served
 1667  in the profession for at least 5 years immediately preceding
 1668  appointment and have background expertise in child safety.
 1669         Section 34. Paragraph (h) of subsection (1) of section
 1670  1012.795, Florida Statutes, is amended to read:
 1671         1012.795 Education Practices Commission; authority to
 1672  discipline.—
 1673         (1) The Education Practices Commission may suspend the
 1674  educator certificate of any person as defined in s. 1012.01(2)
 1675  or (3) for up to 5 years, thereby denying that person the right
 1676  to teach or otherwise be employed by a district school board or
 1677  public school in any capacity requiring direct contact with
 1678  students for that period of time, after which the holder may
 1679  return to teaching as provided in subsection (4); may revoke the
 1680  educator certificate of any person, thereby denying that person
 1681  the right to teach or otherwise be employed by a district school
 1682  board or public school in any capacity requiring direct contact
 1683  with students for up to 10 years, with reinstatement subject to
 1684  the provisions of subsection (4); may revoke permanently the
 1685  educator certificate of any person thereby denying that person
 1686  the right to teach or otherwise be employed by a district school
 1687  board or public school in any capacity requiring direct contact
 1688  with students; may suspend the educator certificate, upon an
 1689  order of the court or notice by the Department of Revenue
 1690  relating to the payment of child support; or may impose any
 1691  other penalty provided by law, if the person:
 1692         (h) Has breached a contract, as provided in s. 1012.33(2)
 1693  or s. 1012.335.
 1694         Section 35. Review of teacher preparation program funding.—
 1695         (1) The Department of Education, in collaboration with the
 1696  Board of Governors, shall develop a methodology to determine the
 1697  cost-effectiveness of the teacher preparation programs in ss.
 1698  1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
 1699  methodology for determining program costs must use existing
 1700  expenditure data, when available.
 1701         (2) On or before December 1, 2011, the Department of
 1702  Education shall submit a report to the Governor, the President
 1703  of the Senate, and the Speaker of the House of Representatives
 1704  which:
 1705         (a) Provides a methodology to evaluate the cost
 1706  effectiveness of teacher preparation programs based on program
 1707  costs, program outcomes of student cohorts such as completion
 1708  rates, placement rates in teaching jobs, retention rates in the
 1709  classroom, and student achievement and learning gains of
 1710  students taught by graduates;
 1711         (b) Uses the methodology developed to evaluate the cost
 1712  effectiveness of the state’s teacher preparation programs; and
 1713         (c) Provides recommendations that would enhance the
 1714  Legislature’s ability to consider the program’s productivity
 1715  when allocating funds.
 1716         (3) The Office of Program Policy Analysis and Government
 1717  Accountability shall review the current standards for the
 1718  continued approval of teacher preparation programs and make
 1719  recommendations to the Legislature on or before January 1, 2012,
 1720  for any needed changes. Such recommendations shall include
 1721  proposed changes to the allocation of any state funds to teacher
 1722  preparation programs and the students enrolled in these
 1723  programs.
 1724         Section 36. Sections 1008.222, 1011.626, 1012.335, Florida
 1725  Statutes, as created by this act, and ss. 1012.22, 1012.33, and
 1726  1012.34, Florida Statutes, as amended by this act, do not apply
 1727  until July 1, 2016, for each school district that receives a
 1728  grant of $75 million or more from a private foundation for the
 1729  purpose of improving the effectiveness of teachers within the
 1730  school district, unless the grant is terminated by the private
 1731  foundation for noncompliance before such date. If a grant is
 1732  terminated by the private foundation for noncompliance, the
 1733  provisions of ss. 1008.222, 1011.626, and 1012.335, Florida
 1734  Statutes, as created by this act, and ss. 1012.22, 1012.33, and
 1735  1012.34, Florida Statutes, as amended by this act, shall apply
 1736  to the school district beginning with July 1 of the following
 1737  school year.
 1738         Section 37. If any provision of this act or its application
 1739  to any person or circumstance is held invalid, the invalidity
 1740  does not affect other provisions or applications of the act
 1741  which can be given effect without the invalid provision or
 1742  application, and to this end the provisions of this act are
 1743  severable.
 1744         Section 38. The amendments to ss. 1012.22 and 1012.33,
 1745  Florida Statutes, shall apply to contracts newly entered into,
 1746  extended, or readopted on or after July 1, 2010, and to all
 1747  contracts on or after July 1, 2013.
 1748         Section 39. Except as otherwise expressly provided in this
 1749  act, this act shall take effect July 1, 2010.

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