September 19, 2018
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       CS for CS for SB 6                        Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20106e2
       
    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.; amending s. 1012.72, F.S.;
  160         limiting bonuses under the Dale Hickam Excellent
  161         Teaching Program to individuals who remain
  162         continuously employed in a public school in this state
  163         or the Florida School for the Deaf and the Blind;
  164         amending s. 1012.79, F.S.; revising the composition of
  165         the Education Practices Commission; conforming
  166         provisions to changes made by the act; amending s.
  167         1012.795, F.S.; conforming provisions to changes made
  168         by the act; requiring that the Department of Education
  169         submit a report on the cost-effectiveness of teacher
  170         preparation programs to the Governor and the
  171         Legislature by a specified date; specifying the report
  172         requirements; requiring that the Office of Program
  173         Policy Analysis and Government Accountability submit
  174         recommendations to the Legislature relating to changes
  175         in the criteria for the continued approval of teacher
  176         preparation programs; authorizing school districts to
  177         seek an exemption from the State Board of Education
  178         from the requirement of certain laws; authorizing the
  179         State Board of Education to adopt rules; providing for
  180         severability; providing for application of a specified
  181         provision of the act; providing effective dates.
  182  
  183  Be It Enacted by the Legislature of the State of Florida:
  184  
  185         Section 1. Paragraph (t) is added to subsection (2) of
  186  section 39.202, Florida Statutes, to read:
  187         39.202 Confidentiality of reports and records in cases of
  188  child abuse or neglect.—
  189         (2) Except as provided in subsection (4), access to such
  190  records, excluding the name of the reporter which shall be
  191  released only as provided in subsection (5), shall be granted
  192  only to the following persons, officials, and agencies:
  193         (t) Employees or agents of the Department of Education who
  194  are responsible for the investigation or prosecution of
  195  misconduct by certified educators.
  196         Section 2. Paragraph (c) of subsection (2) of section
  197  447.403, Florida Statutes, is amended to read:
  198         447.403 Resolution of impasses.—
  199         (2)
  200         (c)If the district school board is the public employer and
  201  an impasse is declared under subsection (1) involving a dispute
  202  of a Merit Award Program plan under s. 1012.225, the dispute is
  203  subject to an expedited impasse hearing. Notwithstanding
  204  subsections (3), (4), and (5), and the rules adopted by the
  205  commission, the following procedures shall apply:
  206         1.a.The commission shall furnish the names of seven
  207  special magistrates within 5 days after receiving notice of
  208  impasse. If the parties are unable to agree upon a special
  209  magistrate within 5 days after the date of the letter
  210  transmitting the list of choices, the commission shall
  211  immediately appoint a special magistrate. The special magistrate
  212  shall set the hearing, which shall be held no later than 15 days
  213  after the date of appointment of the special magistrate. Within
  214  5 days after the date of appointment of a special magistrate,
  215  each party shall serve upon the special magistrate and upon each
  216  other party a written list of issues at impasse.
  217         b.At the close of the hearing, the parties shall summarize
  218  their arguments and may provide a written memorandum in support
  219  of their positions.
  220         c.Within 10 days after the close of the hearing, the
  221  special magistrate shall transmit a recommended decision to the
  222  commission and the parties.
  223         d.The recommended decision of the special magistrate shall
  224  be deemed accepted by the parties, except as to those
  225  recommendations that a party specifically rejects, by filing a
  226  written notice with the commission and serving a copy on the
  227  other party within 5 days after the date of the recommended
  228  decision.
  229         2.If a party rejects any part of the recommended decision
  230  of the special magistrate, the parties shall proceed directly to
  231  resolution of the impasse by the district school board pursuant
  232  to paragraph (4)(d).
  233         Section 3. Paragraph (c) is added to subsection (16) of
  234  section 1002.33, Florida Statutes, paragraph (a) of subsection
  235  (20) of that section is amended, present subsection (26) of that
  236  section is redesignated as subsection (27), and a new subsection
  237  (26) is added to that section, to read:
  238         1002.33 Charter schools.—
  239         (16) EXEMPTION FROM STATUTES.—
  240         (c) A charter school shall also comply with the following:
  241         1. A charter school may not award a professional service
  242  contract or similar contract to a classroom teacher hired on or
  243  after July 1, 2010.
  244         2. Beginning with the 2014-2015 school year and thereafter,
  245  a charter school must adopt a salary schedule for instructional
  246  personnel and school-based administrators which compensates
  247  instructional personnel and school-based administrators based on
  248  their performance. Salary adjustments for instructional
  249  personnel and school-based administrators must be based only on
  250  performance demonstrated under s. 1012.34. A charter school may
  251  not use length of service or degrees held by instructional
  252  personnel or school-based administrators as a factor in setting
  253  the salary schedule.
  254         3. A charter school must meet the following requirements:
  255         a. Administer assessments that comply with s. 1008.222.
  256  However, a charter school may use its own assessments if the
  257  assessments comply with s. 1008.222;
  258         b. Maintain the security and integrity of end-of-course
  259  assessments developed or acquired pursuant to s. 1008.222; and
  260         c. Adopt a performance appraisal system that complies with
  261  s. 1012.34.
  262         (20) SERVICES.—
  263         (a) A sponsor shall provide certain administrative and
  264  educational services to charter schools. These services shall
  265  include contract management services; full-time equivalent and
  266  data reporting services; exceptional student education
  267  administration services; services related to eligibility and
  268  reporting duties required to ensure that school lunch services
  269  under the federal lunch program, consistent with the needs of
  270  the charter school, are provided by the school district at the
  271  request of the charter school, that any funds due to the charter
  272  school under the federal lunch program be paid to the charter
  273  school as soon as the charter school begins serving food under
  274  the federal lunch program, and that the charter school is paid
  275  at the same time and in the same manner under the federal lunch
  276  program as other public schools serviced by the sponsor or the
  277  school district; test administration services, including payment
  278  of the costs of state-required or district-required student
  279  assessments; processing of teacher certificate data services;
  280  and information services, including equal access to student
  281  information systems that are used by public schools in the
  282  district in which the charter school is located. Student
  283  performance data for each student in a charter school,
  284  including, but not limited to, FCAT scores, standardized test
  285  scores, previous public school student report cards, and student
  286  performance measures, shall be provided by the sponsor to a
  287  charter school in the same manner provided to other public
  288  schools in the district. A total administrative fee for the
  289  provision of such services shall be calculated based upon up to
  290  5 percent of the available funds defined in paragraph (17)(b)
  291  for all students. However, a sponsor may only withhold up to a
  292  5-percent administrative fee for enrollment for up to and
  293  including 500 students. For charter schools with a population of
  294  501 or more students, the difference between the total
  295  administrative fee calculation and the amount of the
  296  administrative fee withheld may only be used for capital outlay
  297  purposes specified in s. 1013.62(2). Each charter school shall
  298  receive 100 percent of the funds awarded to that school pursuant
  299  to s. 1012.225. Sponsors shall not charge charter schools any
  300  additional fees or surcharges for administrative and educational
  301  services in addition to the maximum 5-percent administrative fee
  302  withheld pursuant to this paragraph.
  303         (26) FUNDING AND COMPLIANCE.—
  304         (a) Effective with the beginning of the 2011-2012 year, and
  305  each year thereafter, the Commissioner of Education shall
  306  calculate and distribute funds from the Performance Fund for
  307  Instructional Personnel and School-Based Administrators in s.
  308  1011.626 to charter schools in the same manner as for school
  309  districts. Charter schools must meet the requirements in s.
  310  1011.626(5).
  311         (b) By September 15 of each year, each charter school
  312  governing board shall certify to the Commissioner of Education
  313  that its school meets the requirements in paragraph (16)(c). The
  314  commissioner shall verify compliance with paragraph (16)(c) by
  315  selecting a sample of charter schools each year to provide
  316  information to determine compliance. On or before October 1 of
  317  each year, a selected charter school must submit the requested
  318  information to the commissioner. On or before December 15 of
  319  each year, the commissioner shall complete a review of each
  320  selected charter school for that school year, determine
  321  compliance with paragraph (16)(c), and notify each charter
  322  school governing board and sponsor if the charter school is not
  323  in compliance with paragraph (16)(c). The commissioner shall
  324  certify the charter schools that do not comply with paragraph
  325  (16)(c) to the Governor, the President of the Senate, and the
  326  Speaker of the House of Representative on or before February 15
  327  of each year. Each certified charter school shall receive a
  328  funding adjustment of state funds equivalent to 5 percent of the
  329  total Florida Education Finance Program funds provided in the
  330  General Appropriations Act for the charter school. Such funding
  331  adjustment shall be implemented through the withholding of funds
  332  to which the charter school is entitled.
  333         Section 4. Subsection (10) of section 1003.52, Florida
  334  Statutes, is amended to read:
  335         1003.52 Educational services in Department of Juvenile
  336  Justice programs.—
  337         (10) The district school board shall recruit and train
  338  teachers who are interested, qualified, or experienced in
  339  educating students in juvenile justice programs. Students in
  340  juvenile justice programs shall be provided a wide range of
  341  educational programs and opportunities including textbooks,
  342  technology, instructional support, and other resources available
  343  to students in public schools. Teachers assigned to educational
  344  programs in juvenile justice settings in which the district
  345  school board operates the educational program shall be selected
  346  by the district school board in consultation with the director
  347  of the juvenile justice facility. Educational programs in
  348  juvenile justice facilities shall have access to the substitute
  349  teacher pool utilized by the district school board. Full-time
  350  teachers working in juvenile justice schools, whether employed
  351  by a district school board or a provider, shall be eligible for
  352  the critical teacher shortage tuition reimbursement program as
  353  defined by s. 1009.58 and other teacher recruitment and
  354  retention programs.
  355         Section 5. Section 1003.62, Florida Statutes, is repealed.
  356         Section 6. Paragraph (h) of subsection (2) of section
  357  1003.621, Florida Statutes, is amended to read:
  358         1003.621 Academically high-performing school districts.—It
  359  is the intent of the Legislature to recognize and reward school
  360  districts that demonstrate the ability to consistently maintain
  361  or improve their high-performing status. The purpose of this
  362  section is to provide high-performing school districts with
  363  flexibility in meeting the specific requirements in statute and
  364  rules of the State Board of Education.
  365         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  366  high-performing school district shall comply with all of the
  367  provisions in chapters 1000-1013, and rules of the State Board
  368  of Education which implement these provisions, pertaining to the
  369  following:
  370         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  371  differentiated pay and performance-pay policies for school
  372  administrators and instructional personnel, and s. 1012.34,
  373  relating to appraisal procedures and criteria. Professional
  374  service contracts are subject to the provisions of s. ss.
  375  1012.33 and 1012.34. Contracts with classroom teachers hired on
  376  or after July 1, 2010, are subject to s. 1012.335.
  377         Section 7. Section 1003.63, Florida Statutes, is repealed.
  378         Section 8. Paragraph (b) of subsection (4) and subsections
  379  (5) and (6) of section 1004.04, Florida Statutes, are amended to
  380  read:
  381         1004.04 Public accountability and state approval for
  382  teacher preparation programs.—
  383         (4) INITIAL STATE PROGRAM APPROVAL.—
  384         (b) Each teacher preparation program approved by the
  385  Department of Education, as provided for by this section, shall
  386  require students to meet the following as prerequisites for
  387  admission into the program:
  388         1. Have a grade point average of at least 2.5 on a 4.0
  389  scale for the general education component of undergraduate
  390  studies or have completed the requirements for a baccalaureate
  391  degree with a minimum grade point average of 2.5 on a 4.0 scale
  392  from any college or university accredited by a regional
  393  accrediting association as defined by State Board of Education
  394  rule or any college or university otherwise approved pursuant to
  395  State Board of Education rule.
  396         2. Demonstrate mastery of general knowledge, including the
  397  ability to read, write, and compute, by passing the General
  398  Knowledge Test of the Florida Teacher Certification Examination,
  399  the College Level Academic Skills Test, a corresponding
  400  component of the National Teachers Examination series, or a
  401  similar test pursuant to rules of the State Board of Education.
  402  
  403  Each teacher preparation program may waive these admissions
  404  requirements for up to 10 percent of the students admitted.
  405  Programs shall implement strategies to ensure that students
  406  admitted under a waiver receive assistance to demonstrate
  407  competencies to successfully meet requirements for
  408  certification.
  409         (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection
  410  (4), failure by a public or nonpublic teacher preparation
  411  program to meet the criteria for continued program approval
  412  shall result in loss of program approval. The Department of
  413  Education, in collaboration with the departments and colleges of
  414  education, shall develop procedures for continued program
  415  approval that document the continuous improvement of program
  416  processes and graduates’ performance.
  417         (a) Continued approval of specific teacher preparation
  418  programs at each public and nonpublic postsecondary educational
  419  institution within the state is contingent upon a determination
  420  by the Department of Education of student learning gains, as
  421  measured by state assessments required under s. 1008.22.
  422         (b)(a) Continued approval of specific teacher preparation
  423  programs at each public and nonpublic postsecondary educational
  424  institution within the state is contingent upon the passing of
  425  the written examination required by s. 1012.56 by at least 90
  426  percent of the graduates of the program who take the
  427  examination. The Department of Education shall annually provide
  428  an analysis of the performance of the graduates of such
  429  institution with respect to the competencies assessed by the
  430  examination required by s. 1012.56.
  431         (c)(b) Additional criteria for continued program approval
  432  for public institutions may be approved by the State Board of
  433  Education. Such criteria must emphasize instruction in classroom
  434  management and must provide for the evaluation of the teacher
  435  candidates’ performance in this area. The criteria shall also
  436  require instruction in working with underachieving students.
  437  Program evaluation procedures must include, but are not limited
  438  to, program graduates’ satisfaction with instruction and the
  439  program’s responsiveness to local school districts. Additional
  440  criteria for continued program approval for nonpublic
  441  institutions shall be developed in the same manner as for public
  442  institutions; however, such criteria must be based upon
  443  significant, objective, and quantifiable graduate performance
  444  measures. Responsibility for collecting data on outcome measures
  445  through survey instruments and other appropriate means shall be
  446  shared by the postsecondary educational institutions and the
  447  Department of Education. By January 1 of each year, the
  448  Department of Education shall report this information for each
  449  postsecondary educational institution that has state-approved
  450  programs of teacher education to the Governor, the State Board
  451  of Education, the Board of Governors, the Commissioner of
  452  Education, the President of the Senate, the Speaker of the House
  453  of Representatives, all Florida postsecondary teacher
  454  preparation programs, and interested members of the public. This
  455  report must analyze the data and make recommendations for
  456  improving teacher preparation programs in the state.
  457         (d)(c) Continued approval for a teacher preparation program
  458  is contingent upon the results of periodic reviews, on a
  459  schedule established by the State Board of Education, of the
  460  program conducted by the postsecondary educational institution,
  461  using procedures and criteria outlined in an institutional
  462  program evaluation plan approved by the Department of Education,
  463  which must include the program’s review of and response to the
  464  effect of its candidates and graduates on K-12 student learning.
  465  This plan must also incorporate and respond to the criteria
  466  established in paragraphs (a) and (b) and (c) and include
  467  provisions for involving primary stakeholders, such as program
  468  graduates, district school personnel, classroom teachers,
  469  principals, community agencies, and business representatives in
  470  the evaluation process. Upon request by an institution, the
  471  department shall provide assistance in developing, enhancing, or
  472  reviewing the institutional program evaluation plan and training
  473  evaluation team members.
  474         (e)(d) Continued approval for a teacher preparation program
  475  is contingent upon standards being in place that are designed to
  476  adequately prepare elementary, middle, and high school teachers
  477  to instruct their students in reading and higher-level
  478  mathematics concepts and in the use of technology at the
  479  appropriate grade level.
  480         (f)(e) Continued approval of teacher preparation programs
  481  is contingent upon compliance with the student admission
  482  requirements of subsection (4) and upon the receipt of at least
  483  a satisfactory rating from public schools and private schools
  484  that employ graduates of the program. Each teacher preparation
  485  program shall guarantee the high quality of its graduates during
  486  the first 2 years immediately following graduation from the
  487  program or following the graduate’s initial certification,
  488  whichever occurs first. Any educator in a Florida school who
  489  fails to demonstrate student learning gains the essential skills
  490  as specified in paragraph (a) subparagraphs 1.-5. shall be
  491  provided additional training by the teacher preparation program
  492  at no expense to the educator or the employer. Such training
  493  must consist of an individualized plan agreed upon by the school
  494  district and the postsecondary educational institution that
  495  includes specific learning outcomes. The postsecondary
  496  educational institution assumes no responsibility for the
  497  educator’s employment contract with the employer. Employer
  498  satisfaction shall be determined by an annually administered
  499  survey instrument approved by the Department of Education that,
  500  at a minimum, must include employer satisfaction of the
  501  graduates’ ability to do the following:
  502         1. Write and speak in a logical and understandable style
  503  with appropriate grammar.
  504         2. Recognize signs of students’ difficulty with the reading
  505  and computational process and apply appropriate measures to
  506  improve students’ reading and computational performance.
  507         3. Use and integrate appropriate technology in teaching and
  508  learning processes.
  509         4. Demonstrate knowledge and understanding of Sunshine
  510  State Standards.
  511         5. Maintain an orderly and disciplined classroom conducive
  512  to student learning.
  513         (g)(f)1. Each Florida public and private institution that
  514  offers a state-approved teacher preparation program must
  515  annually report information regarding these programs to the
  516  state and the general public. This information shall be reported
  517  in a uniform and comprehensible manner that is consistent with
  518  definitions and methods approved by the Commissioner of the
  519  National Center for Educational Statistics and that is approved
  520  by the State Board of Education. This information must include,
  521  at a minimum:
  522         a. The percent of graduates obtaining full-time teaching
  523  employment within the first year of graduation.
  524         b. The average length of stay of graduates in their full
  525  time teaching positions.
  526         c. The percentage of graduates whose students achieved
  527  learning gains, as specified in paragraph (a). For purposes of
  528  this paragraph, the information shall include the percentage of
  529  the students taught per graduate who achieved learning gains.
  530  Satisfaction ratings required in paragraph (e).
  531         2. Each public and private institution offering training
  532  for school readiness related professions, including training in
  533  the fields of child care and early childhood education, whether
  534  offering career credit, associate in applied science degree
  535  programs, associate in science degree programs, or associate in
  536  arts degree programs, shall annually report information
  537  regarding these programs to the state and the general public in
  538  a uniform and comprehensible manner that conforms with
  539  definitions and methods approved by the State Board of
  540  Education. This information must include, at a minimum:
  541         a. Average length of stay of graduates in their teaching
  542  positions.
  543         b. The percent of graduates obtaining full-time teaching
  544  employment within the first year of graduation. Satisfaction
  545  ratings of graduates’ employers.
  546  
  547  This information shall be reported through publications,
  548  including college and university catalogs and promotional
  549  materials sent to potential applicants, secondary school
  550  guidance counselors, and prospective employers of the
  551  institution’s program graduates.
  552         (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary
  553  instructors, school district personnel and instructional
  554  personnel, and school sites preparing instructional personnel
  555  through preservice field experience courses and internships
  556  shall meet special requirements. District school boards are
  557  authorized to pay student teachers during their internships.
  558         (a) All instructors in postsecondary teacher preparation
  559  programs who instruct or supervise preservice field experiences,
  560  preservice experience courses, or internships shall have at
  561  least one of the following: specialized training in clinical
  562  supervision; a valid professional teaching certificate issued
  563  under pursuant to ss. 1012.56 and 1012.585; or at least 3 years
  564  of successful teaching experience in prekindergarten through
  565  grade 12.
  566         (b) All school district personnel and instructional
  567  personnel who supervise or direct teacher preparation students
  568  during field experience courses or internships must have
  569  evidence of “clinical educator” training and must successfully
  570  demonstrate effective classroom management strategies that
  571  consistently result in improved student performance. The State
  572  Board of Education shall approve the training requirements.
  573         (c) Preservice field experience programs must provide for
  574  continuous student participation in K-12 classroom settings with
  575  supervised instruction of K-12 students. All preservice field
  576  experience programs must provide specific guidance and
  577  demonstration of effective classroom management strategies,
  578  strategies for incorporating technology into classroom
  579  instruction, strategies for incorporating scientifically
  580  researched, knowledge-based reading literacy and computational
  581  skills acquisition into classroom instruction, and ways to link
  582  instructional plans to the Sunshine State Standards, as
  583  appropriate. The length of structured field experiences may be
  584  extended to ensure that candidates achieve the competencies
  585  needed to meet certification requirements.
  586         (d) Postsecondary teacher preparation programs, in
  587  consultation cooperation with district school boards and
  588  approved private school associations, shall select the school
  589  sites for preservice field experience activities based on the
  590  instructional skills of the instructor or supervisor with whom
  591  the teaching candidate is placed, as demonstrated by the
  592  instructor’s or supervisor’s sustained student learning gains as
  593  specified in paragraph (5)(a). These sites must represent the
  594  full spectrum of school communities, including, but not limited
  595  to, schools located in urban settings. In order to be selected,
  596  school sites must demonstrate commitment to the education of
  597  public school students and to the preparation of future
  598  teachers.
  599         Section 9. Subsections (11) and (12) of section 1004.04,
  600  Florida Statutes, are repealed.
  601         Section 10. Paragraph (b) of subsection (3) and subsections
  602  (4) and (5) of section 1004.85, Florida Statutes, are amended to
  603  read:
  604         1004.85 Postsecondary educator preparation institutes.—
  605         (3) Educator preparation institutes approved pursuant to
  606  this section may offer alternative certification programs
  607  specifically designed for noneducation major baccalaureate
  608  degree holders to enable program participants to meet the
  609  educator certification requirements of s. 1012.56. Such programs
  610  shall be competency-based educator certification preparation
  611  programs that prepare educators through an alternative route. An
  612  educator preparation institute choosing to offer an alternative
  613  certification program pursuant to the provisions of this section
  614  must implement a program previously approved by the Department
  615  of Education for this purpose or a program developed by the
  616  institute and approved by the department for this purpose.
  617  Approved programs shall be available for use by other approved
  618  educator preparation institutes.
  619         (b) Each program participant must:
  620         1. Meet certification requirements pursuant to s.
  621  1012.56(1) and (2) by obtaining a statement of status of
  622  eligibility prior to admission into the program which indicates
  623  eligibility for a temporary certificate in a teaching subject
  624  and meet the requirements of s. 1012.56(2)(a)-(f).
  625         2. Participate in field experience that is appropriate to
  626  his or her educational plan.
  627         3. Demonstrate mastery of general knowledge by one of the
  628  options provided in s. 1012.56(3) prior to completion of the
  629  program.
  630         4.3. Fully demonstrate his or her ability to teach the
  631  subject area for which he or she is seeking certification
  632  through field experiences and by achievement of a passing score
  633  on the corresponding subject area test prior to completion of
  634  the program and demonstrate mastery of professional preparation
  635  and education competence by achievement of a passing score on
  636  the professional education competency examination required by
  637  state board rule prior to completion of the program.
  638         (4) Each alternative certification program institute
  639  approved pursuant to this section shall submit to the Department
  640  of Education annual performance evaluations that measure the
  641  effectiveness of the programs, including the pass rates of
  642  participants on all examinations required for teacher
  643  certification, employment rates, longitudinal retention rates,
  644  and a review of the impact that participants who have completed
  645  the program have on K-12 student learning and employer
  646  satisfaction surveys. The employer satisfaction surveys must be
  647  designed to measure the sufficient preparation of the educator
  648  to enter the classroom. These evaluations and evidence of
  649  student learning gains, as measured by state assessments
  650  required under s. 1008.22, shall be used by the Department of
  651  Education for purposes of continued approval of an educator
  652  preparation institute’s alternative certification program.
  653         (5) Instructors for an alternative certification program
  654  approved pursuant to this section must meet the requirements of
  655  s. 1004.04(6) possess a master’s degree in education or a
  656  master’s degree in an appropriate related field and document
  657  teaching experience.
  658         Section 11. Section 1008.222, Florida Statutes, is created
  659  to read:
  660         1008.222Development and implementation of end-of-course
  661  assessments of certain subject areas and grade levels.—
  662         (1) Each school district must develop or acquire a valid
  663  and reliable end-of-course assessment for each subject area and
  664  grade level not measured by state assessments required under s.
  665  1008.22 or by examinations in AP, IB, AICE, or a national
  666  industry certification identified in the Industry Certification
  667  Funding List pursuant to rules adopted by the State Board of
  668  Education. The content, knowledge, and skills assessed by end
  669  of-course assessments for each school district must be aligned
  670  to the core curricular content established in the Sunshine State
  671  Standards.
  672         (2)(a)Beginning with the 2013-2014 school year, each
  673  school district must require that each school in the district
  674  administer the district’s standard assessment for each subject
  675  area or grade level, as described in subsection (1).
  676         (b)Each district school superintendent must ensure that
  677  teachers who provide instruction in the same subject or grade
  678  level administer the same end-of-course assessment, as described
  679  in subsection (1). Each school district must adopt policies to
  680  ensure standardized administration and security of the
  681  assessments.
  682         (c) Each district school superintendent is responsible for
  683  implementing standardized assessment security and
  684  administration, the reporting of assessment results, and using
  685  assessment results to comply with provisions of ss.
  686  1012.22(1)(c) and 1012.34. The district school superintendent
  687  shall certify to the Commissioner of Education that the security
  688  of a standardized assessment required under this section is
  689  maintained. If a district school superintendent’s certification
  690  is determined to be invalid through an audit by the Auditor
  691  General or an investigation by the Department of Education, the
  692  superintendent is subject to suspension and removal on the
  693  grounds of misfeasance pursuant to s. 7, Art. IV of the State
  694  Constitution.
  695         (d) The Commissioner of Education shall identify methods to
  696  assist and support districts in the development and acquisition
  697  of assessments required under this section. Methods may include
  698  the development of item banks, facilitation of the sharing of
  699  developed tests among districts, and technical assistance in
  700  best professional practices of test development based on state
  701  adopted curriculum standards, administration, and security.
  702         Section 12. Paragraph (a) of subsection (1) of section
  703  1009.40, Florida Statutes, is amended to read:
  704         1009.40 General requirements for student eligibility for
  705  state financial aid awards and tuition assistance grants.—
  706         (1)(a) The general requirements for eligibility of students
  707  for state financial aid awards and tuition assistance grants
  708  consist of the following:
  709         1. Achievement of the academic requirements of and
  710  acceptance at a state university or community college; a nursing
  711  diploma school approved by the Florida Board of Nursing; a
  712  Florida college, university, or community college which is
  713  accredited by an accrediting agency recognized by the State
  714  Board of Education; any Florida institution the credits of which
  715  are acceptable for transfer to state universities; any career
  716  center; or any private career institution accredited by an
  717  accrediting agency recognized by the State Board of Education.
  718         2. Residency in this state for no less than 1 year
  719  preceding the award of aid or a tuition assistance grant for a
  720  program established pursuant to s. 1009.50, s. 1009.505, s.
  721  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s.
  722  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s.
  723  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891.
  724  Residency in this state must be for purposes other than to
  725  obtain an education. Resident status for purposes of receiving
  726  state financial aid awards shall be determined in the same
  727  manner as resident status for tuition purposes pursuant to s.
  728  1009.21.
  729         3. Submission of certification attesting to the accuracy,
  730  completeness, and correctness of information provided to
  731  demonstrate a student’s eligibility to receive state financial
  732  aid awards or tuition assistance grants. Falsification of such
  733  information shall result in the denial of any pending
  734  application and revocation of any award or grant currently held
  735  to the extent that no further payments shall be made.
  736  Additionally, students who knowingly make false statements in
  737  order to receive state financial aid awards or tuition
  738  assistance grants commit a misdemeanor of the second degree
  739  subject to the provisions of s. 837.06 and shall be required to
  740  return all state financial aid awards or tuition assistance
  741  grants wrongfully obtained.
  742         Section 13. Section 1009.54, Florida Statutes, is repealed.
  743         Section 14. Section 1009.57, Florida Statutes, is repealed.
  744         Section 15. Section 1009.58, Florida Statutes, is repealed.
  745         Section 16. Section 1009.59, Florida Statutes, is repealed.
  746         Section 17. Paragraph (c) of subsection (2) of section
  747  1009.94, Florida Statutes, is amended to read:
  748         1009.94 Student financial assistance database.—
  749         (2) For purposes of this section, financial assistance
  750  includes:
  751         (c) Any financial assistance provided under s. 1009.50, s.
  752  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s.
  753  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s.
  754  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s.
  755  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891.
  756         Section 18. Section 1011.626, Florida Statutes, is created
  757  to read:
  758         1011.626 Performance Fund for Instructional Personnel and
  759  School-Based Administrators.—
  760         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
  761  to ensure that every student has a high-quality teacher in his
  762  or her classroom. The Legislature intends, therefore, to hold
  763  school districts accountable for demonstrably increasing student
  764  achievement.
  765         (2) FINDINGS.—The Legislature finds that:
  766         (a) Quality classroom teachers and school-based
  767  administrators are the single greatest indicators of student
  768  achievement.
  769         (b) A school district that fails to reward quality
  770  classroom teachers or school-based administrators on the
  771  performance of their students, and instead rewards these
  772  individuals, in whole or in part, based on the number of years
  773  worked or degrees held, has violated s. 1012.22(1)(c). A school
  774  district’s failure to comply with s. 1012.22(1)(c) fails to
  775  maximize student learning by not providing the appropriate
  776  incentives to attract and retain quality classroom teachers and
  777  school-based administrators. As a result, students are penalized
  778  for the acts or omissions of district school boards or district
  779  school superintendents.
  780         (c) A school district that fails to adopt and implement
  781  end-of-course assessments that comply with s. 1008.222
  782  frustrates the purpose of ensuring that each student has a high
  783  quality teacher in his or her classroom by preventing the
  784  determination of the quality of a classroom teacher’s or school
  785  based administrator’s performance.
  786         (d) A school district that fails to comply with s. 1012.335
  787  frustrates the purpose of ensuring that each student has a high
  788  quality teacher in his or her classroom by preventing the school
  789  district from promptly removing a poor-performing classroom
  790  teacher from the classroom and employment.
  791         (3) PERFORMANCE FUND.—Effective with the beginning of the
  792  2011-2012 year and each year thereafter, the Performance Fund
  793  for Instructional Personnel and School-Based Administrators is
  794  established.
  795         (4) CALCULATION OF THE FUND.—The Commissioner of Education
  796  shall calculate for the second calculation for each district and
  797  charter school an amount of state funds equivalent to 5 percent
  798  of the total state, local, and federal funding determined by the
  799  Florida Education Finance Program under ss. 1011.62, 1011.685,
  800  and 1011.71(1) and (3). Such funds shall be designated as each
  801  district’s and charter school’s annual Performance Fund for
  802  Instructional Personnel and School-Based Administrators.
  803         (5) DISTRIBUTION OF THE FUND.—
  804         (a) The commissioner shall distribute these funds in
  805  accordance with the provisions of s. 1011.62(12) to a district
  806  for the implementation of a salary schedule adopted by the
  807  district school board pursuant to s. 1012.22, implementation of
  808  a performance appraisal system pursuant to s. 1012.34, and the
  809  development of end-of-course assessments pursuant to s.
  810  1008.222. The funds may not be used to increase the base
  811  salaries or salary adjustments of employees rated as
  812  unsatisfactory or needs improvement pursuant to s. 1012.34.
  813         (b) If funds remain in a district’s Performance Fund for
  814  Instructional Personnel and School-Based Administrators after
  815  the end-of-course assessments in s. 1008.222, performance
  816  appraisal system requirements in s. 1012.34, and salary schedule
  817  requirements in s. 1012.22 have been met, the balance may be
  818  used by the district for the same purpose as funds provided
  819  pursuant to s. 1011.62(1)(t). Any funds remaining in a
  820  district’s fund at the end of the state fiscal year shall revert
  821  to the fund from which they were appropriated.
  822         (c) A salary increase awarded from these funds shall be
  823  awarded in addition to any general increase or other adjustments
  824  to salaries which are made by a school district. An employee’s
  825  eligibility for or receipt of a salary increase shall not
  826  adversely affect that employee’s opportunity to qualify for or
  827  to receive any other compensation that is made generally
  828  available to other similarly situated district school board
  829  employees.
  830         (d) Each district shall annually set aside sufficient
  831  federal grant funds to ensure that the policies described in
  832  this section are equally applied to eligible individuals paid
  833  from federal grants.
  834         (6) REVIEW.—
  835         (a) Beginning with the 2014-2015 fiscal year and each
  836  fiscal year thereafter, each district school board must submit
  837  the district-adopted salary schedule for the school year and
  838  supporting documentation to the commissioner for review on or
  839  before October 1 of each year. On or before December 15 of each
  840  year, the commissioner shall complete a review of each salary
  841  schedule submitted for that school year, determine compliance
  842  with s. 1012.22(1)(c), and notify a district school board if the
  843  district salary schedule fails to meet the requirements in s.
  844  1012.22(1)(c). The commissioner shall certify those school
  845  districts that do not comply with s. 1012.22(1)(c) to the
  846  Governor, the President of the Senate, and the Speaker of the
  847  House of Representatives on or before February 15 of each year.
  848         (b) Beginning with the 2013-2014 fiscal year and
  849  thereafter, the commissioner shall select a sampling of school
  850  district end-of-course assessments from multiple districts, and
  851  school districts must submit for review the requested
  852  assessments and supporting documentation on or before October 1
  853  of each year. A school district that fails to provide the
  854  requested assessment to the commissioner on or before October 1
  855  of each year is in violation of s. 1008.222. On or before
  856  December 15 of each year, the commissioner shall complete a
  857  review of each selected assessment, determine compliance with s.
  858  1008.222, and notify a district school board if the selected
  859  assessment fails to meet the requirements in s. 1008.222. The
  860  commissioner shall certify those school districts that do not
  861  comply with s. 1008.222 to the Governor, the President of the
  862  Senate, and the Speaker of the House of Representatives on or
  863  before February 15 of each year.
  864         (c) In the financial audit of each school district,
  865  performed by either the Auditor General or an independent
  866  certified public accountant in accordance with s. 218.39, the
  867  auditor shall review a sample of classroom teacher contracts and
  868  determine compliance with s. 1012.335. The sample shall be
  869  selected in accordance with guidelines established by the
  870  American Institute of Certified Public Accountants. The auditor
  871  shall document violations of s. 1012.335 and provide the
  872  documentation to the Commissioner of Education on or before
  873  October 1 of each year following the audit. On or before
  874  December 15 of each year, the commissioner shall notify the
  875  Governor, the President of the Senate, the Speaker of the House
  876  of Representatives, and each school district identified in the
  877  audit that has not complied with s. 1012.335.
  878         (7) FUNDING ADJUSTMENT.—A school district that is certified
  879  by the commissioner as not in compliance with the law as
  880  described in paragraph (6)(a), paragraph (6)(b), or paragraph
  881  (6)(c) shall receive a funding adjustment equal to the amount
  882  calculated in subsection (4). Such funding adjustment shall be
  883  implemented through the withholding of undistributed funds to
  884  which the district is otherwise entitled. To the extent a
  885  district’s undistributed funds are insufficient to fully satisfy
  886  the funding adjustment, the unsatisfied balance shall be
  887  withheld from the district’s operating funds for the subsequent
  888  fiscal year in the form of a prior year adjustment.
  889         (8) RULEMAKING.—The State Board of Education shall adopt
  890  rules pursuant to ss. 120.536(1) and 120.54 to implement this
  891  section. Such rules shall include the documentation requirements
  892  for districts, processes and criteria used for determining
  893  whether the salary schedule, performance appraisal system, and
  894  end-of-course assessments comply with this section, and the
  895  reporting and monitoring processes that will be used to ensure
  896  compliance with the use of funds distributed under paragraph
  897  (5)(a).
  898         Section 19. Subsection (2) of section 1011.69, Florida
  899  Statutes, is amended to read:
  900         1011.69 Equity in School-Level Funding Act.—
  901         (2) Beginning in the 2003-2004 fiscal year, district school
  902  boards shall allocate to schools within the district an average
  903  of 90 percent of the funds generated by all schools and
  904  guarantee that each school receives at least 80 percent of the
  905  funds generated by that school based upon the Florida Education
  906  Finance Program as provided in s. 1011.62 and the General
  907  Appropriations Act, including gross state and local funds,
  908  discretionary lottery funds, and funds from the school
  909  district’s current operating discretionary millage levy. Total
  910  funding for each school shall be recalculated during the year to
  911  reflect the revised calculations under the Florida Education
  912  Finance Program by the state and the actual weighted full-time
  913  equivalent students reported by the school during the full-time
  914  equivalent student survey periods designated by the Commissioner
  915  of Education. If the district school board is providing programs
  916  or services to students funded by federal funds, any eligible
  917  students enrolled in the schools in the district shall be
  918  provided federal funds. Only academic performance-based charter
  919  school districts, pursuant to s. 1003.62, are exempt from the
  920  provisions of this section.
  921         Section 20. Subsection (4) of section 1012.05, Florida
  922  Statutes, is amended to read:
  923         1012.05 Teacher recruitment and retention.—
  924         (4) The Department of Education, in cooperation with
  925  district personnel offices, may shall sponsor virtual job fairs
  926  a job fair in a central part of the state to match high-quality,
  927  in-state educators and potential educators and out-of-state
  928  educators and potential educators with teaching opportunities in
  929  this state. The Department of Education is authorized to collect
  930  a job fair registration fee not to exceed $20 per person and a
  931  booth fee not to exceed $250 per school district or other
  932  interested participating organization. The revenue from the fees
  933  shall be used to promote and operate the job fair. Funds may be
  934  used to purchase promotional items such as mementos, awards, and
  935  plaques.
  936         Section 21. Section 1012.07, Florida Statutes, is amended
  937  to read:
  938         1012.07 Identification of critical teacher shortage areas.—
  939         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term
  940  “critical teacher shortage area” means high-need content areas
  941  applies to mathematics, science, career education, and high
  942  priority high priority location areas identified by. the State
  943  Board of Education may identify career education programs having
  944  critical teacher shortages. The State Board of Education shall
  945  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
  946  annually identify other critical teacher shortage areas and high
  947  priority location areas. The state board must shall also
  948  consider current and emerging educational requirements and
  949  workforce demands teacher characteristics such as ethnic
  950  background, race, and sex in determining critical teacher
  951  shortage areas. School grade levels may also be designated
  952  critical teacher shortage areas. Individual district school
  953  boards may identify and submit other critical teacher shortage
  954  areas. Such submissions shortages must be aligned to current and
  955  emerging educational requirements and workforce demands in order
  956  to be certified to and approved by the State Board of Education.
  957  High-priority High priority location areas shall be in high
  958  density, low-economic urban schools, and low-density, low
  959  economic rural schools, and schools identified as lowest
  960  performing under s. 1008.33(4)(b) shall include schools which
  961  meet criteria which include, but are not limited to, the
  962  percentage of free lunches, the percentage of students under
  963  Chapter I of the Education Consolidation and Improvement Act of
  964  1981, and the faculty attrition rate.
  965         (2) This section shall be implemented only to the extent as
  966  specifically funded and authorized by law.
  967         Section 22. Effective July 1, 2014, paragraph (c) of
  968  subsection (1) of section 1012.22, Florida Statutes, is amended
  969  to read:
  970         1012.22 Public school personnel; powers and duties of the
  971  district school board.—The district school board shall:
  972         (1) Designate positions to be filled, prescribe
  973  qualifications for those positions, and provide for the
  974  appointment, compensation, promotion, suspension, and dismissal
  975  of employees as follows, subject to the requirements of this
  976  chapter:
  977         (c) Compensation and salary schedules.—
  978         1.a. As provided in this paragraph, the district school
  979  board shall adopt a salary schedule that compensates employees
  980  based on their performance. The district school board shall
  981  adopt a salary schedule or salary schedules designed to furnish
  982  incentives for improvement in training and for continued
  983  efficient service to be used as a basis for paying all school
  984  employees and fix and authorize the compensation of school
  985  employees on the basis thereof.
  986         b.2. A district school board, in determining the salary
  987  adjustments schedule for instructional personnel and school
  988  based administrators, must base a portion of each employee’s
  989  adjustment only compensation on performance demonstrated under
  990  s. 1012.34, must consider the prior teaching experience of a
  991  person who has been designated state teacher of the year by any
  992  state in the United States, and must consider prior professional
  993  experience in the field of education gained in positions in
  994  addition to district level instructional and administrative
  995  positions.
  996         c.3. In developing the salary schedule, the district school
  997  board shall seek input from parents, teachers, and
  998  representatives of the business community.
  999         2.4. Beginning with the 2007-2008 academic year, Each
 1000  district school board shall adopt a salary adjustment for
 1001  schedule with differentiated pay for both instructional
 1002  personnel and school-based administrators. The salary schedule
 1003  is subject to negotiation as provided in chapter 447 and must
 1004  allow differentiated pay based on the following:
 1005         a. Assignment to a school in a high-priority location area,
 1006  as defined in State Board of Education rule, with continued
 1007  differentiated pay contingent upon documentation of performance
 1008  under s. 1012.34;
 1009         b. Certification and teaching in critical teacher shortage
 1010  areas, as defined in State Board of Education rule, with
 1011  continued differentiated pay contingent upon documentation of
 1012  performance under s. 1012.34; and
 1013         c. Assignment of additional academic responsibilities, with
 1014  continued differentiated pay contingent upon documentation of
 1015  performance under s. 1012.34.
 1016         3. A district school board shall adopt a salary schedule
 1017  for beginning and renewing teachers as follows:
 1018         a.A beginning teacher. For purposes of this sub
 1019  subparagraph, the term “beginning teacher” is a classroom
 1020  teacher as defined in s. 1012.01(2)(a), excluding a substitute
 1021  teacher, who has no prior K-12 teaching experience.
 1022         b. A teacher who holds a valid professional standard
 1023  certificate issued by another state and who is hired by the
 1024  district school board.
 1025         c. A teacher who holds a valid professional certificate
 1026  issued pursuant to s. 1012.56, who has not taught in the
 1027  classroom at any time during the previous certification period,
 1028  and who is hired by the district school board.
 1029         4. The salary schedule in subparagraph 3. shall be in
 1030  effect only for the first year that the teacher provides
 1031  instruction in a Florida K-12 classroom. A district school board
 1032  may not use length of service or degrees held as a factor in
 1033  setting a salary schedule district-determined factors,
 1034  including, but not limited to, additional responsibilities,
 1035  school demographics, critical shortage areas, and level of job
 1036  performance difficulties.
 1037         Section 23. Section 1012.225, Florida Statutes, is
 1038  repealed.
 1039         Section 24. Section 1012.2251, Florida Statutes, is
 1040  repealed.
 1041         Section 25. Subsection (5) of section 1012.33, Florida
 1042  Statutes, is amended to read:
 1043         1012.33 Contracts with instructional staff, supervisors,
 1044  and school principals.—
 1045         (5) Should a district school board have to choose from
 1046  among its personnel who are on continuing contracts or
 1047  professional service contracts as to which should be retained,
 1048  such decisions shall be based primarily upon the employee’s
 1049  performance as provided in s. 1012.34 made pursuant to the terms
 1050  of a collectively bargained agreement, when one exists. If no
 1051  such agreement exists, the district school board shall prescribe
 1052  rules to handle reductions in workforce.
 1053         Section 26. Section 1012.335, Florida Statutes, is created
 1054  to read:
 1055         1012.335 Contracts with classroom teachers hired on or
 1056  after July 1, 2010.—
 1057         (1) DEFINITIONS.—As used in this section, the term:
 1058         (a) “Annual contract” means a contract for a period of no
 1059  longer than 1 school year in which the district school board may
 1060  choose to renew or not renew without cause.
 1061         (b) “Classroom teacher” means a classroom teacher as
 1062  defined in s. 1012.01(2)(a), excluding substitute teachers.
 1063         (c) “Probationary contract” means a contract for a period
 1064  of no longer than 1 school year during which a classroom teacher
 1065  may be dismissed without cause or may resign from the
 1066  contractual position without breach of contract.
 1067         (2) EMPLOYMENT.—
 1068         (a) Beginning July 1, 2010, each person newly hired as a
 1069  classroom teacher by a school district shall receive a
 1070  probationary contract.
 1071         (b) A classroom teacher may receive up to four annual
 1072  contracts in a school district in this state if the teacher:
 1073         1. Holds a professional certificate as prescribed by s.
 1074  1012.56 and in the rules of the State Board of Education; and
 1075         2. Has been recommended by the district school
 1076  superintendent for the annual contract and approved by the
 1077  district school board.
 1078         (c) A classroom teacher may not receive an annual contract
 1079  for the 6th year of teaching and thereafter unless the classroom
 1080  teacher:
 1081         1. Holds a professional certificate as prescribed by s.
 1082  1012.56 and in the rules of the State Board of Education;
 1083         2. Has been recommended by the district school
 1084  superintendent for the annual contract and approved by the
 1085  district school board; and
 1086         3. Has received an effective or highly effective
 1087  designation on his or her appraisal pursuant to s. 1012.34 in at
 1088  least 2 of the 3 preceding years for each year an annual
 1089  contract is sought.
 1090         (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
 1091  CONTRACT.—A classroom teacher who has an annual contract may be
 1092  suspended or dismissed at any time during the term of the
 1093  contract for just cause as provided in subsection (4). The
 1094  district school board must notify a classroom teacher in writing
 1095  whenever charges are made against the classroom teacher, and the
 1096  district school board may suspend him or her without pay.
 1097  However, if the charges are not sustained, the classroom teacher
 1098  shall be immediately reinstated and his or her back pay shall be
 1099  paid.
 1100         (4) JUST CAUSE.—The State Board of Education shall adopt
 1101  rules to define the term “just cause.” Just cause includes, but
 1102  is not limited to:
 1103         (a) Immorality.
 1104         (b) Misconduct in office.
 1105         (c) Incompetency.
 1106         (d) Gross insubordination.
 1107         (e) Willful neglect of duty.
 1108         (f) Being convicted or found guilty of, or entering a plea
 1109  of guilty to, regardless of adjudication of guilt, any crime
 1110  involving moral turpitude.
 1111         (g) Poor performance as demonstrated by a lack of student
 1112  learning gains, as specified in s. 1012.34.
 1113         Section 27. Section 1012.34, Florida Statutes, is amended
 1114  to read:
 1115         1012.34 Appraisal Assessment procedures and criteria.—
 1116         (1) For the purpose of increasing student achievement by
 1117  improving the quality of instructional, administrative, and
 1118  supervisory services in the public schools of the state, the
 1119  district school superintendent shall establish procedures for
 1120  evaluating assessing the performance of duties and
 1121  responsibilities of all instructional, administrative, and
 1122  supervisory personnel employed by the school district. The
 1123  Department of Education must approve each district’s
 1124  instructional personnel appraisal assessment system and
 1125  appraisal instruments. The Department of Education must approve
 1126  each school-based administrator appraisal system and appraisal
 1127  instruments. The department shall collect from each school
 1128  district the annual performance ratings of all instructional and
 1129  school-based administrative personnel and report the percentage
 1130  of each of these employees receiving each rating category by
 1131  school and by district to the Governor, the President of the
 1132  Senate, and the Speaker of the House of Representatives.
 1133         (2) The following conditions must be considered in the
 1134  design of the district’s instructional personnel appraisal
 1135  assessment system:
 1136         (a) The system must be designed to support high-quality
 1137  instruction and increased academic achievement district and
 1138  school level improvement plans.
 1139         (b) The system must provide appropriate appraisal
 1140  instruments, procedures, and criteria for continuous quality
 1141  improvement of the professional skills of instructional
 1142  personnel.
 1143         (c) The system must include a mechanism to examine
 1144  performance data from multiple sources, which includes giving
 1145  give parents an opportunity to provide input into employee
 1146  performance appraisals assessments when appropriate.
 1147         (d) In addition to addressing generic teaching
 1148  competencies, districts must determine those teaching fields for
 1149  which special procedures and criteria will be developed.
 1150         (e) Each district school board may establish a peer
 1151  assistance process. The plan may provide a mechanism for
 1152  assistance of persons who are placed on performance probation as
 1153  well as offer assistance to other employees who request it.
 1154         (f) Each The district school board shall provide training
 1155  programs that are based upon guidelines provided by the
 1156  Department of Education to ensure that all individuals with
 1157  evaluation responsibilities understand the proper use of the
 1158  appraisal assessment criteria and procedures.
 1159         (g) The system must differentiate among four levels of
 1160  performance: unsatisfactory, needs improvement, effective, and
 1161  highly effective. The Commissioner of Education shall consult
 1162  with performance pay experts and classroom teachers in
 1163  developing the performance levels. Beginning with the 2014-2015
 1164  school year and thereafter, instructional personnel and school
 1165  based administrators may not be rated as effective or highly
 1166  effective if their students fail to demonstrate learning gains.
 1167         (h) The system must include a process for monitoring the
 1168  effective and consistent use of appraisal criteria by
 1169  supervisors and administrators and a process for evaluating the
 1170  effectiveness of the system itself in improving the level of
 1171  instruction and learning in the district’s schools.
 1172         (3) The appraisal assessment procedure for instructional
 1173  personnel and school administrators must be primarily based on
 1174  the performance of students assigned to their classrooms or
 1175  schools, as described in paragraph (a) appropriate. Pursuant to
 1176  this section, A school district’s performance appraisal
 1177  assessment is not limited to basing unsatisfactory performance
 1178  of instructional personnel and school administrators upon
 1179  student performance, but may include other criteria approved to
 1180  evaluate assess instructional personnel and school
 1181  administrators’ performance, or any combination of student
 1182  performance and other approved criteria. The procedures must
 1183  comply with, but are not limited to, the following requirements:
 1184         (a) An appraisal assessment must be conducted for each
 1185  employee at least once a year, except that an appraisal for each
 1186  teacher, as described in s. 1012.22(1)(c)3., must be conducted
 1187  at least twice a year. The assessment must be based upon sound
 1188  educational principles and contemporary research in effective
 1189  educational practices. The assessment must primarily use data
 1190  and indicators of improvement in student performance assessed
 1191  annually as specified in s. 1008.22 and may consider results of
 1192  peer reviews in evaluating the employee’s performance. Student
 1193  performance must be measured by state assessments required under
 1194  s. 1008.22 and by local assessments for subjects and grade
 1195  levels not measured by the state assessment program. The
 1196  appraisal assessment criteria must include, but are not limited
 1197  to, indicators that relate to the following:
 1198         1. Performance of students.
 1199         a. Beginning with the 2014-2015 school year and thereafter,
 1200  for the classroom teacher, the learning gains of students
 1201  assigned to the teacher must comprise more than 50 percent of
 1202  the determination of the classroom teacher’s performance.
 1203  Beginning with the 2014-2015 school year and thereafter, for
 1204  instructional personnel, who are not classroom teachers, the
 1205  learning gains of students assigned to the school must comprise
 1206  more than 50 percent of the determination of the individual’s
 1207  performance. A school district may use the learning gains of
 1208  students assigned to the classroom teacher for the preceding 3
 1209  years, or, for instructional personnel who are not classroom
 1210  teachers, the learning gains of students assigned to the school
 1211  for the preceding 3 years, to determine the individual’s
 1212  performance. For purposes of this sub-subparagraph, “school”
 1213  means the school to which the instructional personnel, who is
 1214  not a classroom teacher, was assigned for the last 3 years.
 1215  Student learning gains are measured by state assessments
 1216  required under s. 1008.22, examinations in AP, IB, AICE, or a
 1217  national industry certification identified in the Industry
 1218  Certification Funding List pursuant to rules adopted by the
 1219  State Board of Education, or district assessments for subject
 1220  areas and grade levels as required under s. 1008.222.
 1221         b. For instructional personnel, more than 50 percent of the
 1222  determination of the individual’s performance must be based on
 1223  the performance of students assigned to their classrooms or
 1224  schools, as appropriate. Student performance must be measured by
 1225  state assessments required under s. 1008.22 and by local
 1226  assessments for subjects and grade levels not measured by the
 1227  state assessment program. This sub-subparagraph expires July 1,
 1228  2014.
 1229         2. Instructional practice. For instructional personnel,
 1230  performance criteria must be based on the Florida Educator
 1231  Accomplished Practices adopted by the State Board of Education
 1232  by rule, which include:
 1233         a. Ability to maintain appropriate discipline.
 1234         b.3. Knowledge of subject matter. A district school board
 1235  may consider advanced degrees held by instructional personnel.
 1236  The district school board shall make special provisions for
 1237  evaluating teachers who are assigned to teach out-of-field.
 1238         c.4. Ability to plan and deliver effective instruction and
 1239  the effective use of technology in the classroom.
 1240         d.5. Ability to use assessment data and other evidence of
 1241  student learning to design and implement differentiated
 1242  instructional strategies in order to meet individual student
 1243  needs for remediation or acceleration evaluate instructional
 1244  needs.
 1245         e.6. Ability to establish and maintain a positive
 1246  collaborative relationship with students’ families to increase
 1247  student achievement.
 1248         f.7. Other professional competencies, responsibilities, and
 1249  requirements as established by rules of the State Board of
 1250  Education and policies of the district school board.
 1251         3.Instructional leadership performance.
 1252         a. Beginning with the 2014-2015 school year and thereafter,
 1253  for a school-based administrator, the learning gains of students
 1254  assigned to the school must comprise more than 50 percent of the
 1255  determination of the school-based administrator’s performance. A
 1256  school district may use the learning gains of students assigned
 1257  to the school for the preceding 3 years to determine the school
 1258  based administrator’s performance. For purposes of this sub
 1259  subparagraph, “school” means the school to which the
 1260  administrator was assigned for the last 3 years. Student
 1261  learning gains are measured by state assessments required under
 1262  s. 1008.22, examinations in AP, IB, AICE, or a national industry
 1263  certification identified in the Industry Certification Funding
 1264  List pursuant to rules adopted by the State Board of Education,
 1265  or district assessments for subject areas and grade levels as
 1266  required under s. 1008.222.
 1267         b. For school-based administrators, more than 50 percent of
 1268  the determination of the individual’s performance must be based
 1269  on the performance of students assigned to their schools.
 1270  Student performance must be measured by state assessments
 1271  required under s. 1008.22 and by local assessments for subjects
 1272  and grade levels not measured by the state assessment program.
 1273  This sub-subparagraph expires July 1, 2014.
 1274         4. Instructional leadership practice. For a school-based
 1275  administrator, performance criteria must be based on the Florida
 1276  Principal Leadership Standards adopted by the State Board of
 1277  Education under s. 1012.986, which includes the ability to:
 1278         a. Manage human, financial, and material resources so as to
 1279  maximize the share of resources used for direct instruction, as
 1280  opposed to overhead or other purposes; and
 1281         b. Recruit and retain high-performing teachers.
 1282         (b) All personnel must be fully informed of the criteria
 1283  and procedures associated with the appraisal assessment process
 1284  before the appraisal assessment takes place.
 1285         (c) The individual responsible for supervising the employee
 1286  must evaluate assess the employee’s performance. The evaluator
 1287  must submit a written report of the appraisal assessment to the
 1288  district school superintendent for the purpose of reviewing the
 1289  employee’s contract. The evaluator must submit the written
 1290  report to the employee no later than 10 days after the appraisal
 1291  assessment takes place. The evaluator must discuss the written
 1292  report of the appraisal assessment with the employee. The
 1293  employee shall have the right to initiate a written response to
 1294  the appraisal assessment, and the response shall become a
 1295  permanent attachment to his or her personnel file.
 1296         (d) If an employee is not performing his or her duties in a
 1297  satisfactory manner, the evaluator shall notify the employee in
 1298  writing of such determination. The notice must describe such
 1299  unsatisfactory performance and include notice of the following
 1300  procedural requirements:
 1301         1. Upon delivery of a notice of unsatisfactory performance,
 1302  the evaluator must confer with the employee, make
 1303  recommendations with respect to specific areas of unsatisfactory
 1304  performance, and provide assistance in helping to correct
 1305  deficiencies within a prescribed period of time.
 1306         2.a. If the employee holds an annual contract as provided
 1307  in s. 1012.335, and receives an unsatisfactory performance
 1308  appraisal pursuant to the criteria in subparagraph (a)2., the
 1309  employee may request a review of the appraisal by the district
 1310  school superintendent or his or her designee. The district
 1311  school superintendent may review the employee’s appraisal.
 1312         b. If the employee holds a professional service contract as
 1313  provided in s. 1012.33, the employee shall be placed on
 1314  performance probation and governed by the provisions of this
 1315  section for 90 calendar days following the receipt of the notice
 1316  of unsatisfactory performance to demonstrate corrective action.
 1317  School holidays and school vacation periods are not counted when
 1318  calculating the 90-calendar-day period. During the 90 calendar
 1319  days, the employee who holds a professional service contract
 1320  must be evaluated periodically and apprised of progress achieved
 1321  and must be provided assistance and inservice training
 1322  opportunities to help correct the noted performance
 1323  deficiencies. At any time during the 90 calendar days, the
 1324  employee who holds a professional service contract may request a
 1325  transfer to another appropriate position with a different
 1326  supervising administrator; however, a transfer does not extend
 1327  the period for correcting performance deficiencies.
 1328         c.b. Within 14 days after the close of the 90 calendar
 1329  days, the evaluator must evaluate assess whether the performance
 1330  deficiencies have been corrected and forward a recommendation to
 1331  the district school superintendent. Within 14 days after
 1332  receiving the evaluator’s recommendation, the district school
 1333  superintendent must notify the employee who holds a professional
 1334  service contract in writing whether the performance deficiencies
 1335  have been satisfactorily corrected and whether the district
 1336  school superintendent will recommend that the district school
 1337  board continue or terminate his or her employment contract. If
 1338  the employee wishes to contest the district school
 1339  superintendent’s recommendation, the employee must, within 15
 1340  days after receipt of the district school superintendent’s
 1341  recommendation, submit a written request for a hearing. The
 1342  hearing shall be conducted at the district school board’s
 1343  election in accordance with one of the following procedures:
 1344         (I) A direct hearing conducted by the district school board
 1345  within 60 days after receipt of the written appeal. The hearing
 1346  shall be conducted in accordance with the provisions of ss.
 1347  120.569 and 120.57. A majority vote of the membership of the
 1348  district school board shall be required to sustain the district
 1349  school superintendent’s recommendation. The determination of the
 1350  district school board shall be final as to the sufficiency or
 1351  insufficiency of the grounds for termination of employment; or
 1352         (II) A hearing conducted by an administrative law judge
 1353  assigned by the Division of Administrative Hearings of the
 1354  Department of Management Services. The hearing shall be
 1355  conducted within 60 days after receipt of the written appeal in
 1356  accordance with chapter 120. The recommendation of the
 1357  administrative law judge shall be made to the district school
 1358  board. A majority vote of the membership of the district school
 1359  board shall be required to sustain or change the administrative
 1360  law judge’s recommendation. The determination of the district
 1361  school board shall be final as to the sufficiency or
 1362  insufficiency of the grounds for termination of employment.
 1363         (4) The district school superintendent shall notify the
 1364  department of any instructional personnel who receive two
 1365  consecutive unsatisfactory evaluations and who have been given
 1366  written notice by the district that their employment is being
 1367  terminated or is not being renewed or that the district school
 1368  board intends to terminate, or not renew, their employment. The
 1369  department shall conduct an investigation to determine whether
 1370  action shall be taken against the certificateholder pursuant to
 1371  s. 1012.795(1)(c).
 1372         (5) The district school superintendent shall develop a
 1373  mechanism for evaluating the effective use of appraisal
 1374  assessment criteria and evaluation procedures by administrators
 1375  who are assigned responsibility for evaluating the performance
 1376  of instructional personnel. The use of the appraisal assessment
 1377  and evaluation procedures shall be considered as part of the
 1378  annual appraisal assessment of the administrator’s performance.
 1379  The system must include a mechanism to give parents and teachers
 1380  an opportunity to provide input into the administrator’s
 1381  performance assessment, when appropriate.
 1382         (6) Nothing in this section shall be construed to grant a
 1383  probationary employee a right to continued employment beyond the
 1384  term of his or her contract.
 1385         (7) The district school board shall establish a procedure
 1386  annually reviewing instructional personnel appraisal assessment
 1387  systems to determine compliance with this section. All
 1388  substantial revisions to an approved system must be reviewed and
 1389  approved by the district school board before being used to
 1390  evaluate assess instructional personnel. Upon request by a
 1391  school district, the department shall provide assistance in
 1392  developing, improving, or reviewing an appraisal assessment
 1393  system.
 1394         (8) The State Board of Education shall adopt rules pursuant
 1395  to ss. 120.536(1) and 120.54, that establish uniform guidelines
 1396  for the submission, review, and approval of district procedures
 1397  for the annual appraisal assessment of instructional personnel
 1398  and school-based administrative personnel and that include the
 1399  method of calculating rates of student learning tied to
 1400  differentiated levels of performance as provided for in
 1401  paragraph (2)(g) and criteria for evaluating professional
 1402  performance.
 1403         Section 28. Subsection (3) is added to section 1012.42,
 1404  Florida Statutes, to read:
 1405         1012.42 Teacher teaching out-of-field.—
 1406         (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011
 1407  school year, a district school board shall not assign any
 1408  beginning teacher to teach reading, science, or mathematics if
 1409  he or she is not certified in reading, science, or mathematics.
 1410         Section 29. Section 1012.52, Florida Statutes, is repealed.
 1411         Section 30. Paragraph (c) of subsection (2), subsections
 1412  (5), (6), and (7), paragraph (b) of subsection (9), and
 1413  subsection (17) of section 1012.56, Florida Statutes, are
 1414  amended to read:
 1415         1012.56 Educator certification requirements.—
 1416         (2) ELIGIBILITY CRITERIA.—To be eligible to seek
 1417  certification, a person must:
 1418         (c) Document receipt of a bachelor’s or higher degree from
 1419  an accredited institution of higher learning, or a nonaccredited
 1420  institution of higher learning that the Department of Education
 1421  has identified as having a quality program resulting in a
 1422  bachelor’s degree, or higher. Each applicant seeking initial
 1423  certification must have attained at least a 2.5 overall grade
 1424  point average on a 4.0 scale in the applicant’s major field of
 1425  study. The applicant may document the required education by
 1426  submitting official transcripts from institutions of higher
 1427  education or by authorizing the direct submission of such
 1428  official transcripts through established electronic network
 1429  systems. The bachelor’s or higher degree may not be required in
 1430  areas approved in rule by the State Board of Education as
 1431  nondegreed areas. The State Board of Education may adopt rules
 1432  that, for purposes of demonstrating completion of certification
 1433  requirements specified in state board rule, allow for the
 1434  acceptance of college course credits recommended by the American
 1435  Council on Education (ACE), as posted on an official ACE
 1436  transcript.
 1437         (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of
 1438  demonstrating mastery of subject area knowledge are:
 1439         (a) Achievement of passing scores on subject area
 1440  examinations required by state board rule, which may include,
 1441  but need not be limited to, world languages in Arabic, Chinese,
 1442  Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi,
 1443  Italian, Japanese, Portuguese, Russian, and Spanish;
 1444         (b) Completion of a bachelor’s degree or higher and
 1445  verification of the attainment of an oral proficiency interview
 1446  score above the intermediate level and a written proficiency
 1447  score above the intermediate level on a test administered by the
 1448  American Council on the Teaching of Foreign Languages for which
 1449  there is no Florida-developed examination;
 1450         (c) Completion of the subject area specialization
 1451  requirements specified in state board rule and verification of
 1452  the attainment of the essential subject matter competencies by
 1453  the district school superintendent of the employing school
 1454  district or chief administrative officer of the employing state
 1455  supported or private school for a subject area for which a
 1456  subject area examination has not been developed and required by
 1457  state board rule;
 1458         (d) Completion of the subject area specialization
 1459  requirements specified in state board rule for a subject
 1460  coverage requiring a master’s or higher degree and achievement
 1461  of a passing score on the subject area examination specified in
 1462  state board rule;
 1463         (e) A valid professional standard teaching certificate
 1464  issued by another state and achievement of a passing score on
 1465  the subject area exam specified in State Board of Education rule
 1466  or by a full demonstration of mastery of his or her ability to
 1467  teach the subject area for which he or she is seeking
 1468  certification, as provided by rules of the State Board of
 1469  Education; or
 1470         (f) A valid certificate issued by the National Board for
 1471  Professional Teaching Standards or a national educator
 1472  credentialing board approved by the State Board of Education.
 1473  
 1474  School districts are encouraged to provide mechanisms for those
 1475  middle school teachers holding only a K-6 teaching certificate
 1476  to obtain a subject area coverage for middle grades through
 1477  postsecondary coursework or district add-on certification.
 1478         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
 1479  COMPETENCE.—Acceptable means of demonstrating mastery of
 1480  professional preparation and education competence are:
 1481         (a) Completion of an approved teacher preparation program
 1482  at a postsecondary educational institution within this state and
 1483  achievement of a passing score on the professional education
 1484  competency examination required by state board rule;
 1485         (b) Completion of a teacher preparation program at a
 1486  postsecondary educational institution outside Florida and
 1487  achievement of a passing score on the professional education
 1488  competency examination required by state board rule;
 1489         (c) A valid professional standard teaching certificate
 1490  issued by another state;
 1491         (d) A valid certificate issued by the National Board for
 1492  Professional Teaching Standards or a national educator
 1493  credentialing board approved by the State Board of Education;
 1494         (e) Documentation of two semesters of successful teaching
 1495  in a community college, state university, or private college or
 1496  university that awards an associate or higher degree and is an
 1497  accredited institution or an institution of higher education
 1498  identified by the Department of Education as having a quality
 1499  program;
 1500         (f) Completion of professional preparation courses as
 1501  specified in state board rule, successful completion of a
 1502  professional education competence demonstration program pursuant
 1503  to paragraph (8)(b), and achievement of a passing score on the
 1504  professional education competency examination required by state
 1505  board rule;
 1506         (g) Successful completion of a professional preparation
 1507  alternative certification and education competency program,
 1508  outlined in paragraph (8)(a); or
 1509         (h) Successful completion of an alternative certification
 1510  program pursuant to s. 1004.85 and achievement of a passing
 1511  score on the professional education competency examination
 1512  required by rule of the State Board of Education; or.
 1513         (i)Successful completion of a professional education
 1514  training program provided by Teach for America and achievement
 1515  of a passing score on the professional education competency
 1516  examination required by rule of the State Board of Education.
 1517         (7) TYPES AND TERMS OF CERTIFICATION.—
 1518         (a) The Department of Education shall issue a professional
 1519  certificate for a period not to exceed 5 years to any applicant
 1520  who meets all the requirements outlined in subsection (2).
 1521         (b) The department shall issue a temporary certificate to
 1522  any applicant who meets the following requirements:
 1523         1. Completes the requirements outlined in paragraphs
 1524  (2)(a)-(f); and
 1525         2.a. Completes the subject area content requirements
 1526  specified in state board rule; or
 1527         b. Demonstrates mastery of subject area knowledge pursuant
 1528  to subsection (5); and
 1529         3. Holds an accredited degree or a degree approved by the
 1530  Department of Education at the level required for the subject
 1531  area specialization in state board rule.
 1532         (c) The department shall issue one nonrenewable 2-year
 1533  temporary certificate and one nonrenewable 5-year professional
 1534  certificate to a qualified applicant who holds a bachelor’s
 1535  degree in the area of speech-language impairment to allow for
 1536  completion of a master’s degree program in speech-language
 1537  impairment.
 1538  
 1539  Each temporary certificate is valid for 3 school fiscal years
 1540  and is nonrenewable. However, the requirement in paragraphs
 1541  paragraph (2)(g) and (h) must be met within 1 calendar year of
 1542  the date of employment under the temporary certificate.
 1543  Individuals who are employed under contract at the end of the 1
 1544  calendar year time period may continue to be employed through
 1545  the end of the school year in which they have been contracted. A
 1546  school district shall not employ, or continue the employment of,
 1547  an individual in a position for which a temporary certificate is
 1548  required beyond this time period if the individual has not met
 1549  the requirement of paragraph (2)(g) or paragraph (2)(h). The
 1550  State Board of Education shall adopt rules to allow the
 1551  department to extend the validity period of a temporary
 1552  certificate for 2 years when the requirements for the
 1553  professional certificate, not including the requirement in
 1554  paragraph (2)(g) or paragraph (2)(h), were not completed due to
 1555  the serious illness or injury of the applicant or other
 1556  extraordinary extenuating circumstances. The department shall
 1557  reissue the temporary certificate for 2 additional years upon
 1558  approval by the Commissioner of Education. A written request for
 1559  reissuance of the certificate shall be submitted by the district
 1560  school superintendent, the governing authority of a university
 1561  lab school, the governing authority of a state-supported school,
 1562  or the governing authority of a private school.
 1563         (9) EXAMINATIONS.—
 1564         (b) The State Board of Education shall, by rule, specify
 1565  the examination scores that are required for the issuance of a
 1566  professional certificate and temporary certificate. Such rules
 1567  must define generic subject area and reading instruction
 1568  competencies and must establish uniform evaluation guidelines.
 1569  The State Board of Education shall review the current subject
 1570  area examinations and, if necessary, revise the passing scores
 1571  and reading instruction pursuant to s. 1001.215 required for
 1572  achieving certification in order to match expectations for
 1573  teacher competency in each subject area.
 1574         (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE.
 1575  Beginning with the 2003-2004 school year, The Department of
 1576  Education shall conduct a longitudinal study to compare
 1577  performance of certificateholders who are employed in Florida
 1578  school districts. The study shall compare a sampling of
 1579  educators who have qualified for a professional certificate
 1580  since July 1, 2002, based on the following:
 1581         (a) Graduation from a state-approved teacher preparation
 1582  program.
 1583         (b) Completion of a state-approved professional preparation
 1584  and education competency program.
 1585         (c) A valid standard teaching certificate issued by a state
 1586  other than Florida.
 1587  
 1588  The department comparisons shall be made to determine if there
 1589  is any significant difference in the performance of these groups
 1590  of teachers, as measured by their students’ achievement levels
 1591  and learning gains as measured by s. 1008.22.
 1592         Section 31. Paragraph (b) of subsection (2) and subsection
 1593  (5) of section 1012.585, Florida Statutes, are amended, and
 1594  subsection (6) is added to that section, to read:
 1595         1012.585 Process for renewal of professional certificates.—
 1596         (2)
 1597         (b) A teacher with national certification from the National
 1598  Board for Professional Teaching Standards is deemed to meet
 1599  state renewal requirements for the life of the teacher’s
 1600  national certificate in the subject shown on the national
 1601  certificate. A complete renewal application and fee shall be
 1602  submitted. The Commissioner of Education shall notify teachers
 1603  of the renewal application and fee requirements. This paragraph
 1604  expires July 1, 2014.
 1605         (5) The State Board of Education shall adopt rules to allow
 1606  the reinstatement of expired professional certificates. The
 1607  department may reinstate an expired professional certificate if
 1608  the certificateholder:
 1609         (a) Submits an application for reinstatement of the expired
 1610  certificate.
 1611         (b) Documents completion of 6 college credits during the 5
 1612  years immediately preceding reinstatement of the expired
 1613  certificate, completion of 120 inservice points, or a
 1614  combination thereof, in an area specified in paragraph (3)(a).
 1615         (c) Meets the requirements in subsection (6).
 1616         (d)(c) During the 5 years immediately preceding
 1617  reinstatement of the certificate, achieves a passing score on
 1618  the subject area test for each subject to be shown on the
 1619  reinstated certificate.
 1620  
 1621  The requirements of this subsection may not be satisfied by
 1622  subject area tests or college credits completed for issuance of
 1623  the certificate that has expired.
 1624         (6) Beginning with the 2014-2015 school year, the
 1625  requirements for the renewal of a professional certificate shall
 1626  include documentation of effective or highly effective
 1627  performance as demonstrated under s. 1012.34 for at least 4 of
 1628  the preceding 5 years before the renewal certification is
 1629  sought. The State Board of Education shall adopt rules to define
 1630  the process for documenting effective performance under this
 1631  subsection, including equivalent options for individuals who
 1632  have not been evaluated under s. 1012.34. An individual’s
 1633  certificate shall expire if the individual is not able to
 1634  demonstrate effective performance as required under this
 1635  subsection and the rules of the state board. The individual may
 1636  apply to reinstate his or her professional certificate under
 1637  subsection (5).
 1638         Section 32. Subsection (2) of section 1012.72, Florida
 1639  Statutes, is amended to read:
 1640         1012.72 Dale Hickam Excellent Teaching Program.—
 1641         (2) The Dale Hickam Excellent Teaching Program is created
 1642  to provide categorical funding for bonuses for teaching
 1643  excellence. The bonuses may be provided for initial
 1644  certification for up to one 10-year period for individuals
 1645  holding NBPTS certification on July 1, 2010, and who remain
 1646  continuously employed in a public school in this state or the
 1647  Florida School for the Deaf and the Blind. The Department of
 1648  Education shall distribute to each school district an amount as
 1649  prescribed annually by the Legislature for the Dale Hickam
 1650  Excellent Teaching Program. For purposes of this section, the
 1651  Florida School for the Deaf and the Blind shall be considered a
 1652  school district. Unless otherwise provided in the General
 1653  Appropriations Act, each distribution shall be the sum of the
 1654  amounts earned for the following:
 1655         (a) An annual bonus equal to 10 percent of the prior fiscal
 1656  year’s statewide average salary for classroom teachers to be
 1657  distributed to the school district to be paid to each individual
 1658  who holds NBPTS certification and is employed by the district
 1659  school board or by a public school within the school district.
 1660  The district school board shall distribute the annual bonus to
 1661  each individual who meets the requirements of this paragraph and
 1662  who is certified annually by the district to have demonstrated
 1663  satisfactory teaching performance pursuant to s. 1012.34. The
 1664  annual bonus may be paid as a single payment or divided into not
 1665  more than three payments.
 1666         (b) An annual bonus equal to 10 percent of the prior fiscal
 1667  year’s statewide average salary for classroom teachers to be
 1668  distributed to the school district to be paid to each individual
 1669  who meets the requirements of paragraph (a) and agrees, in
 1670  writing, to provide the equivalent of 12 workdays of mentoring
 1671  and related services to public school teachers within the state
 1672  who do not hold NBPTS certification. Related services must
 1673  include instruction in helping teachers work more effectively
 1674  with the families of their students. The district school board
 1675  shall distribute the annual bonus in a single payment following
 1676  the completion of all required mentoring and related services
 1677  for the year. It is not the intent of the Legislature to remove
 1678  excellent teachers from their assigned classrooms; therefore,
 1679  credit may not be granted by a school district or public school
 1680  for mentoring or related services provided during student
 1681  contact time during the 196 days of required service for the
 1682  school year.
 1683         (c) The employer’s share of social security and Medicare
 1684  taxes for those teachers who receive bonus amounts under
 1685  paragraph (a) or paragraph (b).
 1686         Section 33. Subsection (1) of section 1012.79, Florida
 1687  Statutes, is amended to read:
 1688         1012.79 Education Practices Commission; organization.—
 1689         (1) The Education Practices Commission consists of 25
 1690  members, including 11 8 teachers; 5 administrators, at least one
 1691  of whom may shall represent a private school; 5 7 lay citizens,
 1692  3 5 of whom shall be parents of public school students and who
 1693  are unrelated to public school employees and 2 of whom shall be
 1694  former district school board members; and 4 5 sworn law
 1695  enforcement officials, appointed by the State Board of Education
 1696  from nominations by the Commissioner of Education and subject to
 1697  Senate confirmation. Prior to making nominations, the
 1698  commissioner shall consult with teaching associations, parent
 1699  organizations, law enforcement agencies, and other involved
 1700  associations in the state. In making nominations, the
 1701  commissioner shall attempt to achieve equal geographical
 1702  representation, as closely as possible.
 1703         (a) A teacher member, in order to be qualified for
 1704  appointment:
 1705         1. Must be certified to teach in the state.
 1706         2. Must be a resident of the state.
 1707         3. Must have practiced the profession in this state for at
 1708  least 10 years, with at least 5 years of experience in this
 1709  state immediately preceding the appointment.
 1710         (b) A school administrator member, in order to be qualified
 1711  for appointment:
 1712         1. Must have an endorsement on the educator certificate in
 1713  the area of school administration or supervision.
 1714         2. Must be a resident of the state.
 1715         3. Must have practiced the profession as an administrator
 1716  for at least 5 years immediately preceding the appointment.
 1717         (c) The lay members must be residents of the state.
 1718         (d) The law enforcement official members must have served
 1719  in the profession for at least 5 years immediately preceding
 1720  appointment and have background expertise in child safety.
 1721         Section 34. Paragraph (h) of subsection (1) of section
 1722  1012.795, Florida Statutes, is amended to read:
 1723         1012.795 Education Practices Commission; authority to
 1724  discipline.—
 1725         (1) The Education Practices Commission may suspend the
 1726  educator certificate of any person as defined in s. 1012.01(2)
 1727  or (3) for up to 5 years, thereby denying that person the right
 1728  to teach or otherwise be employed by a district school board or
 1729  public school in any capacity requiring direct contact with
 1730  students for that period of time, after which the holder may
 1731  return to teaching as provided in subsection (4); may revoke the
 1732  educator certificate of any person, thereby denying that person
 1733  the right to teach or otherwise be employed by a district school
 1734  board or public school in any capacity requiring direct contact
 1735  with students for up to 10 years, with reinstatement subject to
 1736  the provisions of subsection (4); may revoke permanently the
 1737  educator certificate of any person thereby denying that person
 1738  the right to teach or otherwise be employed by a district school
 1739  board or public school in any capacity requiring direct contact
 1740  with students; may suspend the educator certificate, upon an
 1741  order of the court or notice by the Department of Revenue
 1742  relating to the payment of child support; or may impose any
 1743  other penalty provided by law, if the person:
 1744         (h) Has breached a contract, as provided in s. 1012.33(2)
 1745  or s. 1012.335.
 1746         Section 35. Review of teacher preparation program funding.—
 1747         (1) The Department of Education, in collaboration with the
 1748  Board of Governors, shall develop a methodology to determine the
 1749  cost-effectiveness of the teacher preparation programs in ss.
 1750  1004.04, 1004.85, and 1012.56(8), Florida Statutes. The
 1751  methodology for determining program costs must use existing
 1752  expenditure data, when available.
 1753         (2) On or before December 1, 2011, the Department of
 1754  Education shall submit a report to the Governor, the President
 1755  of the Senate, and the Speaker of the House of Representatives
 1756  which:
 1757         (a) Provides a methodology to evaluate the cost
 1758  effectiveness of teacher preparation programs based on program
 1759  costs, program outcomes of student cohorts such as completion
 1760  rates, placement rates in teaching jobs, retention rates in the
 1761  classroom, and student achievement and learning gains of
 1762  students taught by graduates;
 1763         (b) Uses the methodology developed to evaluate the cost
 1764  effectiveness of the state’s teacher preparation programs; and
 1765         (c) Provides recommendations that would enhance the
 1766  Legislature’s ability to consider the program’s productivity
 1767  when allocating funds.
 1768         (3) The Office of Program Policy Analysis and Government
 1769  Accountability shall review the current standards for the
 1770  continued approval of teacher preparation programs and make
 1771  recommendations to the Legislature on or before January 1, 2012,
 1772  for any needed changes. Such recommendations shall include
 1773  proposed changes to the allocation of any state funds to teacher
 1774  preparation programs and the students enrolled in these
 1775  programs.
 1776         Section 36. (1)Any school district that received a grant
 1777  of at least $75 million from a private foundation for the
 1778  purpose of improving the effectiveness of teachers within the
 1779  school district may seek an annual exemption from the State
 1780  Board of Education of ss. 1008.222, 1011.626, Florida Statutes,
 1781  as created by this act, and the amendments to ss. 1012.22 and
 1782  1012.34, Florida Statutes, as amended by this act.
 1783         (2) To receive approval from the State Board of Education
 1784  for an exemption under this section, a school district must
 1785  demonstrate to the State Board of Education that it is
 1786  implementing the following:
 1787         (a) A teacher appraisal system that uses student
 1788  performance as the single greatest component of the teacher’s
 1789  evaluation.
 1790         (b) A teacher compensation system that awards salary
 1791  increases based on sustained student performance.
 1792         (c) A teacher contract system that awards contracts based
 1793  on student performance.
 1794         (3) The State Board of Education shall annually renew a
 1795  school district’s exemption if the school district provides a
 1796  progress report that demonstrates that the school district
 1797  continues to meet the requirements of subsection (2).
 1798         (4) The State Board of Education shall adopt rules pursuant
 1799  to ss. 120.536(1) and 120.54, Florida Statutes, to establish the
 1800  procedures for applying for an exemption under this section.
 1801         Section 37. If any provision of this act or its application
 1802  to any person or circumstance is held invalid, the invalidity
 1803  does not affect other provisions or applications of the act
 1804  which can be given effect without the invalid provision or
 1805  application, and to this end the provisions of this act are
 1806  severable.
 1807         Section 38. The amendments to s. 1012.33, Florida Statutes,
 1808  shall apply to contracts newly entered into, extended, or
 1809  readopted on or after July 1, 2010, and to all contracts on or
 1810  after July 1, 2013.
 1811         Section 39. Except as otherwise expressly provided in this
 1812  act, this act shall take effect July 1, 2010.

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