Bill Text: FL S0006 | 2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education Personnel [SPSC]
Spectrum: Partisan Bill (Republican 9-0)
Status: (Vetoed) 2010-07-20 - Veto Message received (2010-C) -SJ 00003; Veto Message referred to Rules -SJ 00005 [S0006 Detail]
Download: Florida-2010-S0006-Comm_Sub.html
Bill Title: Education Personnel [SPSC]
Spectrum: Partisan Bill (Republican 9-0)
Status: (Vetoed) 2010-07-20 - Veto Message received (2010-C) -SJ 00003; Veto Message referred to Rules -SJ 00005 [S0006 Detail]
Download: Florida-2010-S0006-Comm_Sub.html
Florida Senate - 2010 CS for SB 6 By the Committee on Education Pre-K - 12; and Senators Thrasher, Gaetz, Detert, Wise, Constantine, Richter, Peaden, and Storms 581-02795-10 20106c1 1 A bill to be entitled 2 An act relating to education personnel; amending s. 3 39.202, F.S.; authorizing the release of child abuse 4 records to certain employees and agents of the 5 Department of Education; amending s. 200.065, F.S.; 6 specifying the form of the public notice of proposed 7 property taxes for school districts instituting the 8 district accountability millage adjustment; amending 9 s. 447.403, F.S.; deleting a provision that provides 10 for an expedited impasse hearing for disputes 11 involving the Merit Award Program plan to conform to 12 changes made by the act; amending s. 1002.33, F.S.; 13 requiring a charter school to adopt a salary schedule 14 for instructional personnel and school-based 15 administrators which meets certain requirements; 16 providing that charter schools must meet certain 17 requirements for end-of-course assessments and certain 18 contracts; deleting a cross-reference to conform to 19 changes made by the act; requiring that the 20 Commissioner of Education review certain charter 21 schools for compliance with the requirements for a 22 salary schedule, assessments, and contracts; providing 23 for a fine to be assessed against a charter school 24 that is not in compliance; providing for deposit of 25 proceeds of the fine into the General Revenue Fund; 26 amending s. 1003.52, F.S.; deleting a cross-reference 27 to conform to changes made by the act; repealing s. 28 1003.62, F.S., relating to academic performance-based 29 charter school districts; amending s. 1003.621, F.S.; 30 providing additional requirements for personnel in 31 academically high-performing school districts; 32 repealing s. 1003.63, relating to the deregulated 33 public schools pilot program; amending s. 1004.04, 34 F.S.; revising the criteria for continued approval of 35 teacher preparation programs to include student 36 learning gains; deleting the waiver of admissions 37 criteria for certain students; deleting the criterion 38 relating to employer satisfaction; revising the 39 requirements for a teacher preparation program to 40 provide additional training to a graduate who fails to 41 demonstrate essential skills; deleting a provision 42 that requires state-approved teacher preparation 43 programs and public and private institutions offering 44 training for school-readiness-related professions to 45 report graduate satisfaction ratings; revising the 46 requirements for preservice field experience programs; 47 repealing s. 1004.04(11) and (12), F.S., relating to 48 the Preteacher and Teacher Education Pilot Programs 49 and the Teacher Education Pilot Programs for High 50 Achieving Students; amending s. 1004.85, F.S.; 51 revising the requirements for individuals who 52 participate in programs at postsecondary educator 53 preparation institutes; revising the requirements for 54 approved alternative certification programs and 55 instructors; creating s. 1008.222, F.S.; requiring 56 school districts to develop and implement end-of 57 course assessments; requiring a review of assessments 58 by the Commissioner of Education; amending s. 1009.40, 59 F.S.; deleting cross-references to conform to changes 60 made by the act; repealing s. 1009.54, F.S., relating 61 to the Critical Teacher Shortage Program; repealing s. 62 1009.57, F.S., relating to the Florida Teacher 63 Scholarship and Forgivable Loan Program; repealing s. 64 1009.58, F.S., relating to the Critical Teacher 65 Shortage Tuition Reimbursement Program; repealing s. 66 1009.59, F.S., relating to the Critical Teacher 67 Shortage Student Loan Forgiveness Program; amending s. 68 1009.94, F.S.; deleting cross-references to conform to 69 changes made by the act; creating s. 1011.626, F.S.; 70 providing legislative findings and intent; requiring 71 that each district school board submit its district 72 adopted salary schedule, certain assessments, and 73 classroom teacher contracts to the Commissioner of 74 Education for review; requiring that the Commissioner 75 of Education determine compliance with the law; 76 requiring a review by the Auditor General of certain 77 contracts; requiring that the Commissioner of 78 Education notify school districts that fail to comply; 79 requiring that the commissioner certify a report to 80 the Governor and the Legislature by a specified date; 81 requiring that a school district levy an additional 82 millage if it fails to adopt a salary schedule, 83 provide for differentiated pay, adopt end-of-course 84 assessments, or meet contract requirements for 85 classroom teachers and school-based administrators; 86 requiring that the commissioner calculate the amount 87 of the additional millage; requiring that the 88 commissioner withhold funds from school districts in 89 an amount equal to the additional millage; providing 90 for the use of revenues generated from the additional 91 millage; requiring public notice of proposed property 92 taxes; specifying the contents of such notice; 93 requiring that the State Board of Education adopt 94 rules; amending s. 1011.69, F.S.; deleting a provision 95 that exempts academic performance-based charter school 96 districts from the Equity in School-Level Funding Act 97 to conform to changes made by the act; amending s. 98 1012.05, F.S.; revising the Department of Education’s 99 responsibilities for teacher recruitment; amending s. 100 1012.07, F.S.; revising the methodology for 101 determining critical teacher shortage areas; deleting 102 cross-references to conform to changes made by the 103 act; amending s. 1012.22, F.S.; revising the powers 104 and duties of the district school board with respect 105 to school district compensation and salary schedules; 106 requiring that certain performance criteria be 107 included in the adopted schedules; revising the 108 differentiated pay provisions to require specified 109 percentages for awards; providing penalties; repealing 110 s. 1012.225, F.S., relating to the Merit Award Program 111 for Instructional Personnel and School-Based 112 Administrators; repealing s. 1012.2251, F.S., relating 113 to the end-of-course examinations for the Merit Award 114 Program; amending s. 1012.33, F.S.; revising 115 provisions relating to contracts with certain 116 educational personnel; requiring a district school 117 board’s decision to retain personnel who have 118 continuing contracts or professional service contracts 119 to be primarily based on the employee’s performance; 120 deleting requirements that school board decisions for 121 workforce reductions be based on collective bargaining 122 agreements; deleting requirements for district school 123 board rules for workforce reduction; creating s. 124 1012.335, F.S.; providing definitions; providing 125 employment criteria for newly hired classroom 126 teachers; providing grounds for termination; requiring 127 that the State Board of Education adopt rules defining 128 the term “just cause”; providing guidelines for such 129 term; amending s. 1012.34, F.S.; revising provisions 130 related to the appraisal of instructional personnel 131 and school-based administrators; requiring that the 132 Department of Education approve school district 133 appraisal instruments; requiring the Department of 134 Education to collect appraisal information from school 135 districts and to report such information to the 136 Governor and the Legislature; providing requirements 137 for appraisal systems; authorizing an employee to 138 request that a district school superintendent review 139 an unsatisfactory performance appraisal; conforming 140 provisions to changes made by the act; amending s. 141 1012.42, F.S.; prohibiting a district school board 142 from assigning a new teacher to teach reading, 143 science, or mathematics if he or she is not certified 144 in those subject areas; repealing s. 1012.52, F.S., 145 relating to legislative intent for teacher quality; 146 amending s. 1012.56, F.S.; revising the certification 147 requirements for persons holding a valid professional 148 standard teaching certificate issued by another state; 149 providing additional means of demonstrating mastery of 150 professional preparation and education competence; 151 requiring that the State Board of Education review the 152 current subject area examinations and increase the 153 scores necessary for achieving certification; 154 authorizing the State Board of Education to adopt 155 rules to allow certain college credit to be used to 156 meet certification requirements; amending s. 1012.585, 157 F.S.; providing for future expiration of provisions 158 governing certification of teachers who hold national 159 certification; revising the renewal requirements for a 160 professional certificate; providing additional 161 requirements that must be met in order to renew the 162 certificate; requiring that the State Board of 163 Education adopt rules for the renewal of a certificate 164 held by a certificateholder who has not been evaluated 165 under s. 1012.34, F.S.; repealing s. 1012.72, F.S., 166 relating to the Dale Hickam Excellent Teaching 167 Program; amending s. 1012.79, F.S.; revising the 168 composition of the Education Practices Commission; 169 conforming provisions to changes made by the act; 170 amending s. 1012.795, F.S.; conforming provisions to 171 changes made by the act; requiring that the Department 172 of Education submit a report on the cost-effectiveness 173 of teacher preparation programs to the Governor and 174 the Legislature by a specified date; specifying the 175 report requirements; requiring that the Office of 176 Program Policy Analysis and Government Accountability 177 submit recommendations to the Legislature relating to 178 changes in the criteria for the continued approval of 179 teacher preparation programs; providing for 180 severability; providing for application of specified 181 provisions of the act; providing effective dates. 182 183 Be It Enacted by the Legislature of the State of Florida: 184 185 Section 1. Paragraph (t) is added to subsection (2) of 186 section 39.202, Florida Statutes, to read: 187 39.202 Confidentiality of reports and records in cases of 188 child abuse or neglect.— 189 (2) Except as provided in subsection (4), access to such 190 records, excluding the name of the reporter which shall be 191 released only as provided in subsection (5), shall be granted 192 only to the following persons, officials, and agencies: 193 (t) Employees or agents of the Department of Education who 194 are responsible for the investigation or prosecution of 195 misconduct by certified educators. 196 Section 2. Paragraph (m) is added to subsection (3) of 197 section 200.065, Florida Statutes, to read: 198 200.065 Method of fixing millage.— 199 (3) The advertisement shall be no less than one-quarter 200 page in size of a standard size or a tabloid size newspaper, and 201 the headline in the advertisement shall be in a type no smaller 202 than 18 point. The advertisement shall not be placed in that 203 portion of the newspaper where legal notices and classified 204 advertisements appear. The advertisement shall be published in a 205 newspaper of general paid circulation in the county or in a 206 geographically limited insert of such newspaper. The geographic 207 boundaries in which such insert is circulated shall include the 208 geographic boundaries of the taxing authority. It is the 209 legislative intent that, whenever possible, the advertisement 210 appear in a newspaper that is published at least 5 days a week 211 unless the only newspaper in the county is published less than 5 212 days a week, or that the advertisement appear in a 213 geographically limited insert of such newspaper which insert is 214 published throughout the taxing authority’s jurisdiction at 215 least twice each week. It is further the legislative intent that 216 the newspaper selected be one of general interest and readership 217 in the community and not one of limited subject matter, pursuant 218 to chapter 50. 219 (m) For school districts that have proposed a millage rate 220 pursuant to s. 1011.626 and propose to levy nonvoted millage, 221 the advertisement must be in the following form: 222 223 NOTICE OF PROPOSED TAX INCREASE 224 225 The ...(name of school district)... will soon consider a 226 measure to increase its property tax levy. This increase is 227 necessary because the district school board violated the law and 228 failed to adopt a salary schedule that compensates classroom 229 teachers or school-based administrators on the basis of student 230 performance; violated the law and failed to comply with the 231 differentiated pay requirements; violated the law and failed to 232 adopt end-of-course assessments to identify student 233 instructional needs, verify what students have learned, or 234 evaluate the performance of classroom teachers or school-based 235 administrators; or violated the law and failed to comply with 236 contracting requirements for classroom teachers. The district 237 school board’s share of state funds from the Florida Education 238 Finance Program for ...(fiscal year)... will be reduced in an 239 amount equivalent to the additional levy because the school 240 district violated the law. The taxes proposed are $XX,XXX,XXX 241 for failure to comply with the following, as applicable: 242 Failure to adopt and implement a salary schedule for 243 performance pay for classroom teachers and school-based 244 administrators 245 ................................................ 246 Failure to adopt and implement a salary schedule that 247 complies with differentiated pay requirements 248 ................................................ 249 Failure to adopt and implement end-of-course assessments to 250 identify student instructional needs, verify what students have 251 learned, or evaluate the performance of classroom teachers or 252 school-based administrators 253 ................................................ 254 Failure to comply with contracting requirements for 255 classroom teachers 256 ................................................ 257 All concerned citizens are invited to a public hearing on 258 the tax increase to be held on ...(date and time)... at 259 ...(meeting place).... 260 A DECISION on the proposed tax increase and the budget will 261 be made at this hearing. 262 Section 3. Paragraph (c) of subsection (2) of section 263 447.403, Florida Statutes, is amended to read: 264 447.403 Resolution of impasses.— 265 (2) 266(c)If the district school board is the public employer and267an impasse is declared under subsection (1) involving a dispute268of a Merit Award Program plan under s.1012.225, the dispute is269subject to an expedited impasse hearing. Notwithstanding270subsections (3), (4), and (5), and the rules adopted by the271commission, the following procedures shall apply:2721.a.The commission shall furnish the names of seven273special magistrates within 5 days after receiving notice of274impasse. If the parties are unable to agree upon a special275magistrate within 5 days after the date of the letter276transmitting the list of choices, the commission shall277immediately appoint a special magistrate. The special magistrate278shall set the hearing, which shall be held no later than 15 days279after the date of appointment of the special magistrate. Within2805 days after the date of appointment of a special magistrate,281each party shall serve upon the special magistrate and upon each282other party a written list of issues at impasse.283b.At the close of the hearing, the parties shall summarize284their arguments and may provide a written memorandum in support285of their positions.286c.Within 10 days after the close of the hearing, the287special magistrate shall transmit a recommended decision to the288commission and the parties.289d.The recommended decision of the special magistrate shall290be deemed accepted by the parties, except as to those291recommendations that a party specifically rejects, by filing a292written notice with the commission and serving a copy on the293other party within 5 days after the date of the recommended294decision.2952.If a party rejects any part of the recommended decision296of the special magistrate, the parties shall proceed directly to297resolution of the impasse by the district school board pursuant298to paragraph (4)(d).299 Section 4. Paragraph (c) is added to subsection (16) of 300 section 1002.33, Florida Statutes, paragraph (a) of subsection 301 (20) of that section is amended, present subsection (26) of that 302 section is redesignated as subsection (27), and a new subsection 303 (26) is added to that section, to read: 304 1002.33 Charter schools.— 305 (16) EXEMPTION FROM STATUTES.— 306 (c) A charter school shall also comply with the following: 307 1. A charter school may not award a professional service 308 contract or similar contract to a classroom teacher hired on or 309 after July 1, 2010. 310 2. Beginning with the 2014-2015 school year and thereafter, 311 a charter school must adopt a salary schedule for classroom 312 teachers and school-based administrators which bases more than 313 50 percent of each employee’s compensation on student learning 314 gains as measured by state assessments required under s. 315 1008.22; examinations in AP, IB, AICE, or a national industry 316 certification identified in the Industry Certified Funding List 317 adopted by rules of the State Board of Education; district 318 assessments for subject areas or grade levels as required under 319 s. 1008.222; or charter school assessments that meet the 320 requirements of s. 1008.222. A charter school may not use length 321 of service or degrees held by the classroom teacher or school 322 based administrator as a factor in setting the salary schedule. 323 3. A charter school must adopt, acquire, and implement 324 state assessments or end-of-course assessments as described in 325 subparagraph 2. and meet the requirements of s. 1008.222 with 326 respect to district or charter assessments. 327 4. A charter school must maintain the security and 328 integrity of state or end-of-course assessments described in 329 subparagraph 2. 330 (20) SERVICES.— 331 (a) A sponsor shall provide certain administrative and 332 educational services to charter schools. These services shall 333 include contract management services; full-time equivalent and 334 data reporting services; exceptional student education 335 administration services; services related to eligibility and 336 reporting duties required to ensure that school lunch services 337 under the federal lunch program, consistent with the needs of 338 the charter school, are provided by the school district at the 339 request of the charter school, that any funds due to the charter 340 school under the federal lunch program be paid to the charter 341 school as soon as the charter school begins serving food under 342 the federal lunch program, and that the charter school is paid 343 at the same time and in the same manner under the federal lunch 344 program as other public schools serviced by the sponsor or the 345 school district; test administration services, including payment 346 of the costs of state-required or district-required student 347 assessments; processing of teacher certificate data services; 348 and information services, including equal access to student 349 information systems that are used by public schools in the 350 district in which the charter school is located. Student 351 performance data for each student in a charter school, 352 including, but not limited to, FCAT scores, standardized test 353 scores, previous public school student report cards, and student 354 performance measures, shall be provided by the sponsor to a 355 charter school in the same manner provided to other public 356 schools in the district. A total administrative fee for the 357 provision of such services shall be calculated based upon up to 358 5 percent of the available funds defined in paragraph (17)(b) 359 for all students. However, a sponsor may only withhold up to a 360 5-percent administrative fee for enrollment for up to and 361 including 500 students. For charter schools with a population of 362 501 or more students, the difference between the total 363 administrative fee calculation and the amount of the 364 administrative fee withheld may only be used for capital outlay 365 purposes specified in s. 1013.62(2).Each charter school shall366receive 100 percent of the funds awarded to that school pursuant367to s.1012.225.Sponsors shall not charge charter schools any 368 additional fees or surcharges for administrative and educational 369 services in addition to the maximum 5-percent administrative fee 370 withheld pursuant to this paragraph. 371 (26) COMPLIANCE.—By September 15 of each year, each charter 372 school governing board shall certify to the Commissioner of 373 Education that its school meets the requirements in paragraph 374 (16)(c). The commissioner shall verify compliance with paragraph 375 (16)(c) by selecting a sample of charter schools each year to 376 provide information to determine compliance. On or before 377 October 1 of each year, a selected charter school must submit 378 the requested information to the commissioner. On or before 379 December 15 of each year, the commissioner shall complete a 380 review of each selected charter school for that school year, 381 determine compliance with paragraph (16)(c), and notify each 382 charter school governing board and sponsor if the charter school 383 is not in compliance with paragraph (16)(c). The commissioner 384 shall certify the charter schools that do not comply with 385 paragraph (16)(c) to the Governor, the President of the Senate, 386 and the Speaker of the House of Representative on or before 387 February 15 of each year. On or before May 1, each certified 388 charter school must pay a fine to the Department of Education in 389 an amount equal to 5 percent of the salaries of instructional 390 personnel and school-based administrators for the charter school 391 for that fiscal year as reported in the annual financial report 392 required by rule of the State Board of Education. The amount of 393 the fine may not be paid from funds appropriated by the 394 Legislature. The Department of Education shall transfer the 395 amount of the fine to the state for deposit into the General 396 Revenue Fund. 397 Section 5. Subsection (10) of section 1003.52, Florida 398 Statutes, is amended to read: 399 1003.52 Educational services in Department of Juvenile 400 Justice programs.— 401 (10) The district school board shall recruit and train 402 teachers who are interested, qualified, or experienced in 403 educating students in juvenile justice programs. Students in 404 juvenile justice programs shall be provided a wide range of 405 educational programs and opportunities including textbooks, 406 technology, instructional support, and other resources available 407 to students in public schools. Teachers assigned to educational 408 programs in juvenile justice settings in which the district 409 school board operates the educational program shall be selected 410 by the district school board in consultation with the director 411 of the juvenile justice facility. Educational programs in 412 juvenile justice facilities shall have access to the substitute 413 teacher pool utilized by the district school board. Full-time 414 teachers working in juvenile justice schools, whether employed 415 by a district school board or a provider, shall be eligible for 416the critical teacher shortage tuition reimbursement program as417defined by s.1009.58and otherteacher recruitment and 418 retention programs. 419 Section 6. Section 1003.62, Florida Statutes, is repealed. 420 Section 7. Paragraphs (g) and (h) of subsection (2) of 421 section 1003.621, Florida Statutes, are amended to read: 422 1003.621 Academically high-performing school districts.—It 423 is the intent of the Legislature to recognize and reward school 424 districts that demonstrate the ability to consistently maintain 425 or improve their high-performing status. The purpose of this 426 section is to provide high-performing school districts with 427 flexibility in meeting the specific requirements in statute and 428 rules of the State Board of Education. 429 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 430 high-performing school district shall comply with all of the 431 provisions in chapters 1000-1013, and rules of the State Board 432 of Education which implement these provisions, pertaining to the 433 following: 434 (g) Those statutes pertaining to planning and budgeting, 435 including s. 220.065(3)(m), relating to school district 436 accountability millage adjustment, and chapter 1011, except s. 437 1011.62(9)(d), relating to the requirement for a comprehensive 438 reading plan. A district that is exempt from submitting this 439 plan shall be deemed approved to receive the research-based 440 reading instruction allocation. 441 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to 442 differentiated pay and performance-pay policies for school 443 administrators and instructional personnel, and s. 1012.34, 444 relating to appraisal procedures and criteria. Professional 445 service contracts are subject to the provisions of s.ss.446 1012.33and1012.34. Contracts with classroom teachers hired on 447 or after July 1, 2010, are subject to s. 1012.335. 448 Section 8. Section 1003.63, Florida Statutes, is repealed. 449 Section 9. Paragraph (b) of subsection (4) and subsections 450 (5) and (6) of section 1004.04, Florida Statutes, are amended to 451 read: 452 1004.04 Public accountability and state approval for 453 teacher preparation programs.— 454 (4) INITIAL STATE PROGRAM APPROVAL.— 455 (b) Each teacher preparation program approved by the 456 Department of Education, as provided for by this section, shall 457 require students to meet the following as prerequisites for 458 admission into the program: 459 1. Have a grade point average of at least 2.5 on a 4.0 460 scale for the general education component of undergraduate 461 studies or have completed the requirements for a baccalaureate 462 degree with a minimum grade point average of 2.5 on a 4.0 scale 463 from any college or university accredited by a regional 464 accrediting association as defined by State Board of Education 465 rule or any college or university otherwise approved pursuant to 466 State Board of Education rule. 467 2. Demonstrate mastery of general knowledge, including the 468 ability to read, write, and compute, by passing the General 469 Knowledge Test of the Florida Teacher Certification Examination, 470 the College Level Academic Skills Test, a corresponding 471 component of the National Teachers Examination series, or a 472 similar test pursuant to rules of the State Board of Education. 473 474Each teacher preparation program may waive these admissions475requirements for up to 10 percent of the students admitted.476Programs shall implement strategies to ensure that students477admitted under a waiver receive assistance to demonstrate478competencies to successfully meet requirements for479certification.480 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection 481 (4), failure by a public or nonpublic teacher preparation 482 program to meet the criteria for continued program approval 483 shall result in loss of program approval. The Department of 484 Education, in collaboration with the departments and colleges of 485 education, shall develop procedures for continued program 486 approval that document the continuous improvement of program 487 processes and graduates’ performance. 488 (a) Continued approval of specific teacher preparation 489 programs at each public and nonpublic postsecondary educational 490 institution within the state is contingent upon a determination 491 by the Department of Education of student learning gains, as 492 measured by state assessments required under s. 1008.22. 493 (b)(a)Continued approval of specific teacher preparation 494 programs at each public and nonpublic postsecondary educational 495 institution within the state is contingent upon the passing of 496 the written examination required by s. 1012.56 by at least 90 497 percent of the graduates of the program who take the 498 examination. The Department of Education shall annually provide 499 an analysis of the performance of the graduates of such 500 institution with respect to the competencies assessed by the 501 examination required by s. 1012.56. 502 (c)(b)Additional criteria for continued program approval 503 for public institutions may be approved by the State Board of 504 Education. Such criteria must emphasize instruction in classroom 505 management and must provide for the evaluation of the teacher 506 candidates’ performance in this area. The criteria shall also 507 require instruction in working with underachieving students. 508 Program evaluation procedures must include, but are not limited 509 to, program graduates’ satisfaction with instruction and the 510 program’s responsiveness to local school districts. Additional 511 criteria for continued program approval for nonpublic 512 institutions shall be developed in the same manner as for public 513 institutions; however, such criteria must be based upon 514 significant, objective, and quantifiable graduate performance 515 measures. Responsibility for collecting data on outcome measures 516 through survey instruments and other appropriate means shall be 517 shared by the postsecondary educational institutions and the 518 Department of Education. By January 1 of each year, the 519 Department of Education shall report this information for each 520 postsecondary educational institution that has state-approved 521 programs of teacher education to the Governor, the State Board 522 of Education, the Board of Governors, the Commissioner of 523 Education, the President of the Senate, the Speaker of the House 524 of Representatives, all Florida postsecondary teacher 525 preparation programs, and interested members of the public. This 526 report must analyze the data and make recommendations for 527 improving teacher preparation programs in the state. 528 (d)(c)Continued approval for a teacher preparation program 529 is contingent upon the results of periodic reviews, on a 530 schedule established by the State Board of Education, of the 531 program conducted by the postsecondary educational institution, 532 using procedures and criteria outlined in an institutional 533 program evaluation plan approved by the Department of Education, 534 which must include the program’s review of and response to the 535 effect of its candidates and graduates on K-12 student learning. 536 This plan must also incorporate and respond to the criteria 537 established in paragraphs(a) and(b) and (c) and include 538 provisions for involving primary stakeholders, such as program 539 graduates, district school personnel, classroom teachers, 540 principals, community agencies, and business representatives in 541 the evaluation process. Upon request by an institution, the 542 department shall provide assistance in developing, enhancing, or 543 reviewing the institutional program evaluation plan and training 544 evaluation team members. 545 (e)(d)Continued approval for a teacher preparation program 546 is contingent upon standards being in place that are designed to 547 adequately prepare elementary, middle, and high school teachers 548 to instruct their students in reading and higher-level 549 mathematics concepts and in the use of technology at the 550 appropriate grade level. 551 (f)(e)Continued approval of teacher preparation programs 552 is contingent upon compliance with the student admission 553 requirements of subsection (4)and upon the receipt of at least554a satisfactory rating from public schools and private schools555that employ graduates of the program. Each teacher preparation 556 program shall guarantee the high quality of its graduates during 557 the first 2 years immediately following graduation from the 558 program or following the graduate’s initial certification, 559 whichever occurs first. Any educator in a Florida school who 560 fails to demonstrate student learning gainsthe essential skills561 as specified in paragraph (a)subparagraphs 1.-5.shall be 562 provided additional training by the teacher preparation program 563 at no expense to the educator or the employer. Such training 564 must consist of an individualized plan agreed upon by the school 565 district and the postsecondary educational institution that 566 includes specific learning outcomes. The postsecondary 567 educational institution assumes no responsibility for the 568 educator’s employment contract with the employer.Employer569satisfaction shall be determined by an annually administered570survey instrument approved by the Department of Education that,571at a minimum, must include employer satisfaction of the572graduates’ ability to do the following:5731. Write and speak in a logical and understandable style574with appropriate grammar.5752. Recognize signs of students’ difficulty with the reading576and computational process and apply appropriate measures to577improve students’ reading and computational performance.5783. Use and integrate appropriate technology in teaching and579learning processes.5804. Demonstrate knowledge and understanding of Sunshine581State Standards.5825. Maintain an orderly and disciplined classroom conducive583to student learning.584 (g)(f)1. Each Florida public and private institution that 585 offers a state-approved teacher preparation program must 586 annually report information regarding these programs to the 587 state and the general public. This information shall be reported 588 in a uniform and comprehensible manner that is consistent with 589 definitions and methods approved by the Commissioner of the 590 National Center for Educational Statistics and that is approved 591 by the State Board of Education. This information must include, 592 at a minimum: 593 a. The percent of graduates obtaining full-time teaching 594 employment within the first year of graduation. 595 b. The average length of stay of graduates in their full 596 time teaching positions. 597 c. The percentage of graduates whose students achieved 598 learning gains, as specified in paragraph (a). For purposes of 599 this paragraph, the information shall include the percentage of 600 the students taught per graduate who achieved learning gains. 601Satisfaction ratings required in paragraph (e).602 2. Each public and private institution offering training 603 for school readiness related professions, including training in 604 the fields of child care and early childhood education, whether 605 offering career credit, associate in applied science degree 606 programs, associate in science degree programs, or associate in 607 arts degree programs, shall annually report information 608 regarding these programs to the state and the general public in 609 a uniform and comprehensible manner that conforms with 610 definitions and methods approved by the State Board of 611 Education. This information must include, at a minimum: 612 a. Average length of stay of graduates in their teaching 613 positions. 614 b. The percent of graduates obtaining full-time teaching 615 employment within the first year of graduation.Satisfaction616ratings of graduates’ employers.617 618 This information shall be reported through publications, 619 including college and university catalogs and promotional 620 materials sent to potential applicants, secondary school 621 guidance counselors, and prospective employers of the 622 institution’s program graduates. 623 (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary 624 instructors, school district personnel and instructional 625 personnel, and school sites preparing instructional personnel 626 through preservice field experience courses and internships 627 shall meet special requirements. District school boards are 628 authorized to pay student teachers during their internships. 629 (a) All instructors in postsecondary teacher preparation 630 programs who instruct or supervise preservice field experiences, 631 preserviceexperiencecourses, or internships shall have at 632 least one of the following: specialized training in clinical 633 supervision; a valid professional teaching certificate issued 634 underpursuant toss. 1012.56 and 1012.585; or at least 3 years 635 of successful teaching experience in prekindergarten through 636 grade 12. 637 (b) All school district personnel and instructional 638 personnel who supervise or direct teacher preparation students 639 during field experience courses or internships must have 640 evidence of “clinical educator” training and must successfully 641 demonstrate effective classroom management strategies that 642 consistently result in improved student performance. The State 643 Board of Education shall approve the training requirements. 644 (c) Preservice field experience programs must provide for 645 continuous student participation in K-12 classroom settings with 646 supervised instruction of K-12 students. All preservice field 647 experience programs must provide specific guidance and 648 demonstration of effective classroom management strategies, 649 strategies for incorporating technology into classroom 650 instruction, strategies for incorporating scientifically 651 researched, knowledge-based reading literacy and computational 652 skills acquisition into classroom instruction, and ways to link 653 instructional plans to the Sunshine State Standards, as 654 appropriate. The length of structured field experiences may be 655 extended to ensure that candidates achieve the competencies 656 needed to meet certification requirements. 657 (d) Postsecondary teacher preparation programs, in 658 consultationcooperationwith district school boards and 659 approved private school associations, shall select the school 660 sites for preservice field experience activities based on the 661 instructional skills of the instructor or supervisor with whom 662 the teaching candidate is placed, as demonstrated by the 663 instructor’s or supervisor’s sustained student learning gains as 664 specified in paragraph (5)(a).These sites must represent the665full spectrum of school communities, including, but not limited666to, schools located in urban settings.In order to be selected, 667 school sites must demonstrate commitment to the education of 668 public school students and to the preparation of future 669 teachers. 670 Section 10. Subsections (11) and (12) of section 1004.04, 671 Florida Statutes, are repealed. 672 Section 11. Paragraph (b) of subsection (3) and subsections 673 (4) and (5) of section 1004.85, Florida Statutes, are amended to 674 read: 675 1004.85 Postsecondary educator preparation institutes.— 676 (3) Educator preparation institutes approved pursuant to 677 this section may offer alternative certification programs 678 specifically designed for noneducation major baccalaureate 679 degree holders to enable program participants to meet the 680 educator certification requirements of s. 1012.56. Such programs 681 shall be competency-based educator certification preparation 682 programs that prepare educators through an alternative route. An 683 educator preparation institute choosing to offer an alternative 684 certification program pursuant to the provisions of this section 685 must implement a program previously approved by the Department 686 of Education for this purpose or a program developed by the 687 institute and approved by the department for this purpose. 688 Approved programs shall be available for use by other approved 689 educator preparation institutes. 690 (b) Each program participant must: 691 1. Meet certification requirements pursuant to s. 692 1012.56(1) and (2) by obtaining a statement of status of 693 eligibility prior to admission into the program which indicates 694 eligibility for a temporary certificate in a teaching subject 695 and meet the requirements of s. 1012.56(2)(a)-(f). 696 2. Participate in field experience that is appropriate to 697 his or her educational plan. 698 3. Demonstrate mastery of general knowledge by one of the 699 options provided in s. 1012.56(3) prior to completion of the 700 program. 701 4.3.Fully demonstrate his or her ability to teach the 702 subject area for which he or she is seeking certification 703 through field experiences and by achievement of a passing score 704 on the corresponding subject area test prior to completion of 705 the program and demonstrate mastery of professional preparation 706 and education competence by achievement of a passing score on 707 the professional education competency examination required by 708 state board rule prior to completion of the program. 709 (4) Each alternative certification programinstitute710 approved pursuant to this section shall submit to the Department 711 of Education annual performance evaluations that measure the 712 effectiveness of the programs, including the pass rates of 713 participants on all examinations required for teacher 714 certification, employment rates, longitudinal retention rates, 715 and a review of the impact that participants who have completed 716 the program have on K-12 student learningand employer717satisfaction surveys.The employer satisfaction surveys must be718designed to measure the sufficient preparation of the educator719to enter the classroom.These evaluations and evidence of 720 student learning gains, as measured by state assessments 721 required under s. 1008.22, shall be used by the Department of 722 Education for purposes of continued approval of an educator 723 preparation institute’s alternative certification program. 724 (5) Instructors for an alternative certification program 725 approved pursuant to this section must meet the requirements of 726 s. 1004.04(6)possess a master’s degree in education or a727master’s degree in an appropriate related field and document728teaching experience. 729 Section 12. Section 1008.222, Florida Statutes, is created 730 to read: 731 1008.222 Development and implementation of end-of-course 732 assessments of certain subject areas and grade levels.— 733 (1) Each school district must develop or acquire a valid 734 and reliable end-of-course assessment for each subject area and 735 grade level not measured by state assessments required under s. 736 1008.22 or by examinations in AP, IB, AICE, or a national 737 industry certification identified in the Industry Certified 738 Funding List pursuant to rules adopted by the State Board of 739 Education. The content, knowledge, and skills assessed by end 740 of-course assessments for each school district must be aligned 741 to the core curricular content established in the Sunshine State 742 Standards. 743 (2)(a) Beginning with the 2013-2014 school year, each 744 school district must require that each school in the district 745 administer the district’s standard assessment for each subject 746 area or grade level, as described in subsection (1). 747 (b) Each district school superintendent must ensure that 748 teachers who provide instruction in the same subject or grade 749 level administer the same end-of-course assessment, as described 750 in subsection (1). Each school district must adopt policies to 751 ensure standardized administration and security of the 752 assessments. 753 (c) Each district school superintendent is responsible for 754 implementing standardized assessment security and 755 administration, the reporting of assessment results, and using 756 assessment results to comply with provisions of ss. 757 1012.22(1)(c) and 1012.34. The district school superintendent 758 shall certify to the Commissioner of Education that the security 759 of a standardized assessment required under this section is 760 maintained. If a district school superintendent’s certification 761 is determined to be invalid through an audit by the Auditor 762 General or an investigation by the Department of Education, the 763 superintendent is subject to suspension and removal on the 764 grounds of misfeasance pursuant to s. 7, Art. IV of the State 765 Constitution. 766 (d) The Commissioner of Education shall identify methods to 767 assist and support districts in the development and acquisition 768 of assessments required under this section. Methods may include 769 the development of item banks, facilitation of the sharing of 770 developed tests among districts, and technical assistance in 771 best professional practices of test development based on state 772 adopted curriculum standards, administration, and security. 773 Section 13. Paragraph (a) of subsection (1) of section 774 1009.40, Florida Statutes, is amended to read: 775 1009.40 General requirements for student eligibility for 776 state financial aid awards and tuition assistance grants.— 777 (1)(a) The general requirements for eligibility of students 778 for state financial aid awards and tuition assistance grants 779 consist of the following: 780 1. Achievement of the academic requirements of and 781 acceptance at a state university or community college; a nursing 782 diploma school approved by the Florida Board of Nursing; a 783 Florida college, university, or community college which is 784 accredited by an accrediting agency recognized by the State 785 Board of Education; any Florida institution the credits of which 786 are acceptable for transfer to state universities; any career 787 center; or any private career institution accredited by an 788 accrediting agency recognized by the State Board of Education. 789 2. Residency in this state for no less than 1 year 790 preceding the award of aid or a tuition assistance grant for a 791 program established pursuant to s. 1009.50, s. 1009.505, s. 792 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 1009.56,s.7931009.57,s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 794 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. 795 Residency in this state must be for purposes other than to 796 obtain an education. Resident status for purposes of receiving 797 state financial aid awards shall be determined in the same 798 manner as resident status for tuition purposes pursuant to s. 799 1009.21. 800 3. Submission of certification attesting to the accuracy, 801 completeness, and correctness of information provided to 802 demonstrate a student’s eligibility to receive state financial 803 aid awards or tuition assistance grants. Falsification of such 804 information shall result in the denial of any pending 805 application and revocation of any award or grant currently held 806 to the extent that no further payments shall be made. 807 Additionally, students who knowingly make false statements in 808 order to receive state financial aid awards or tuition 809 assistance grants commit a misdemeanor of the second degree 810 subject to the provisions of s. 837.06 and shall be required to 811 return all state financial aid awards or tuition assistance 812 grants wrongfully obtained. 813 Section 14. Section 1009.54, Florida Statutes, is repealed. 814 Section 15. Section 1009.57, Florida Statutes, is repealed. 815 Section 16. Section 1009.58, Florida Statutes, is repealed. 816 Section 17. Section 1009.59, Florida Statutes, is repealed. 817 Section 18. Paragraph (c) of subsection (2) of section 818 1009.94, Florida Statutes, is amended to read: 819 1009.94 Student financial assistance database.— 820 (2) For purposes of this section, financial assistance 821 includes: 822 (c) Any financial assistance provided under s. 1009.50, s. 823 1009.505, s. 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 824 1009.55, s. 1009.56,s.1009.57,s. 1009.60, s. 1009.62, s. 825 1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 826 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. 827 Section 19. Section 1011.626, Florida Statutes, is created 828 to read: 829 1011.626 School district accountability millage 830 adjustment.— 831 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 832 to ensure that every student has a high-quality teacher in his 833 or her classroom. The Legislature intends therefore, to provide 834 an additional levy of millage on school districts that fail to 835 comply with the laws described in this section in order to 836 increase student achievement, while withholding an amount 837 equivalent to the revenue generated by the levy of the 838 additional millage rate from the school district’s state funds 839 in the Florida Education Finance Program for the fiscal year in 840 which the millage is levied. 841 (2) FINDINGS.—The Legislature finds that: 842 (a) Quality classroom teachers and school-based 843 administrators are the single greatest indicators of student 844 achievement. 845 (b) A school district that fails to reward quality 846 classroom teachers or school-based administrators on the 847 performance of their students, and instead rewards these 848 individuals, in whole or in part, based on the number of years 849 worked or degrees held, has violated s. 1012.22(1)(c). A school 850 district’s failure to comply with s. 1012.22(1)(c) fails to 851 maximize student learning by not providing the appropriate 852 incentives to attract and retain quality classroom teachers and 853 school-based administrators. As a result, students are penalized 854 for the acts or omissions of district school boards or district 855 school superintendents. 856 (c) A school district that fails to adopt and implement 857 assessments that comply with s. 1008.222 frustrates the purpose 858 of ensuring that each student has a high-quality teacher in his 859 or her classroom by preventing the determination of the quality 860 of a classroom teacher or school-based administrator’s 861 performance. 862 (d) A school district that fails to comply with s. 1012.335 863 frustrates the purpose of ensuring that each student has a high 864 quality teacher in his or her classroom by preventing the school 865 district from promptly removing a poor-performing classroom 866 teacher from the classroom and employment. 867 (3) REVIEW.— 868 (a) Beginning with the 2014-2015 fiscal year and 869 thereafter, each district school board must submit the district 870 adopted salary schedule for the school year and supporting 871 documentation to the Commissioner of Education for review on or 872 before October 1 of each year. On or before December 15 of each 873 year, the commissioner shall complete a review of each salary 874 schedule submitted for that school year, determine compliance 875 with s. 1012.22(1)(c), and notify a district school board if the 876 district salary schedule fails to meet the requirements in s. 877 1012.22(1)(c). The commissioner shall certify those school 878 districts that do not comply with s. 1012.22(1)(c) to the 879 Governor, the President of the Senate, and the Speaker of the 880 House of Representatives on or before February 15 of each year. 881 (b) Beginning with the 2013-2014 fiscal year and 882 thereafter, the Commissioner of Education shall select a 883 sampling of school district assessments from multiple districts, 884 and school districts must submit for review the requested 885 assessments and supporting documentation on or before October 1 886 of each year. A school district that fails to provide the 887 requested assessment to the commissioner on or before October 1 888 of each year is in violation of s. 1008.222. On or before 889 December 15 of each year, the commissioner shall complete a 890 review of each selected assessment, determine compliance with s. 891 1008.222, and notify a district school board if the selected 892 assessment fails to meet the requirements in s. 1008.222. The 893 commissioner shall certify those school districts that do not 894 comply with s. 1008.222 to the Governor, the President of the 895 Senate, and the Speaker of the House of Representatives on or 896 before February 15 of each year. 897 (c) In its financial audit of each school district, the 898 Auditor General shall review a sample of classroom teacher 899 contracts and determine compliance with s. 1012.335. The Auditor 900 General shall document violations of s. 1012.335 and provide the 901 documentation to the Commissioner of Education on or before 902 October 1 of each year following the audit. On or before 903 December 15 of each year, the commissioner shall notify the 904 Governor, the President of the Senate, the Speaker of the House 905 of Representatives, and each school district identified in the 906 audit that has not complied with s. 1012.335. 907 (4) FAILURE REQUIRING ADDITIONAL MILLAGE.—A district school 908 board that is certified by the Commissioner of Education as not 909 in compliance with the law as described in subsection (3) must 910 levy an additional millage in order to generate revenue in an 911 amount equal to 5 percent of the salaries for instructional 912 personnel and school-based administrators for that fiscal year, 913 as reported in the annual financial report required by rule of 914 the State Board of Education. A local resolution, ordinance, or 915 referendum is not required to implement this levy. 916 (5) CALCULATION OF MILLAGE RATE.— 917 (a) On or before March 1 of each year, the Commissioner of 918 Education shall, for each district school board that the 919 commissioner certifies is not in compliance with the law as 920 described in subsection (3), calculate and certify to the 921 district school board the dollar amount that is equal to 5 922 percent of the salary of the district’s instructional personnel 923 and school-based administrators for the year of noncompliance, 924 as described in subsection (4). 925 (b) The commissioner shall certify to each district school 926 board the additional local effort that the board must levy in 927 order to generate the amount of revenue certified pursuant to 928 paragraph (a). The additional local effort shall be certified at 929 the same time as the required local effort is certified and the 930 additional required local effort shall be levied at the same 931 time as the required local effort is levied. The additional 932 local effort is exempt from the 90 percent calculation of the 933 total Florida Education Finance Program entitlement under s. 934 1011.62(4)(a)1.b. The commissioner shall report the calculated 935 amount that is equal to 5 percent of the salaries for 936 instructional personnel and school-based administrators for each 937 fiscal year to the Governor, the President of the Senate, and 938 the Speaker of the House of Representatives on or before March 1 939 of each year. 940 (6) WITHHOLDING OF STATE FUNDS.—For each school district 941 that is certified as being in violation of law, as described in 942 subsection (3), and that is required to levy an additional local 943 effort, as described in subsection (4), the Commissioner of 944 Education shall withhold an amount equivalent to the revenue 945 generated by the levy of the additional local effort from the 946 school district’s state funds in the Florida Education Finance 947 Program for the fiscal year in which the millage is levied. 948 (7) USE OF ADDITIONAL MILLAGE.—The revenue generated by the 949 levy of the additional millage under this section may be used 950 only to compensate for the loss of state funding caused by the 951 failure of the school district to comply with the law as 952 described in subsection (3). 953 (8) PUBLIC NOTICE.— 954 (a) The school board’s notice of proposed property taxes 955 must meet the requirements in s. 200.065(3)(m). 956 (b) The district school board must include in the notice of 957 public hearing to adopt its annual budget that it violated the 958 law and failed to adopt a salary schedule that compensates 959 classroom teachers or school-based administrators on the basis 960 of student performance; violated the law and failed to comply 961 with the differentiated pay requirements; violated the law and 962 failed to adopt end-of-course assessments to identify student 963 instructional needs, verify what students have learned, or 964 evaluate the performance of classroom teachers or school-based 965 administrators; or violated the law and failed to comply with 966 contracting requirements for classroom teachers, and that the 967 district school board is required to levy an additional rate to 968 compensate for its failure. The district school board must also 969 provide notice at its public hearing that the school district’s 970 share of state funds from the Florida Education Finance Program 971 will be reduced in an amount equivalent to the additional levy. 972 (9) RULEMAKING.—The State Board of Education shall adopt 973 rules pursuant to ss. 120.536(1) and 120.54 to administer this 974 section, including rules related to the reporting formats, 975 supporting documentation, and procedures for the review as 976 described in subsection (3). 977 Section 20. Subsection (2) of section 1011.69, Florida 978 Statutes, is amended to read: 979 1011.69 Equity in School-Level Funding Act.— 980 (2) Beginning in the 2003-2004 fiscal year, district school 981 boards shall allocate to schools within the district an average 982 of 90 percent of the funds generated by all schools and 983 guarantee that each school receives at least 80 percent of the 984 funds generated by that school based upon the Florida Education 985 Finance Program as provided in s. 1011.62 and the General 986 Appropriations Act, including gross state and local funds, 987 discretionary lottery funds, and funds from the school 988 district’s current operating discretionary millage levy. Total 989 funding for each school shall be recalculated during the year to 990 reflect the revised calculations under the Florida Education 991 Finance Program by the state and the actual weighted full-time 992 equivalent students reported by the school during the full-time 993 equivalent student survey periods designated by the Commissioner 994 of Education. If the district school board is providing programs 995 or services to students funded by federal funds, any eligible 996 students enrolled in the schools in the district shall be 997 provided federal funds.Only academic performance-based charter998school districts, pursuant to s.1003.62, are exempt from the999provisions of this section.1000 Section 21. Subsection (4) of section 1012.05, Florida 1001 Statutes, is amended to read: 1002 1012.05 Teacher recruitment and retention.— 1003 (4) The Department of Education, in cooperation with 1004 district personnel offices, mayshallsponsor virtual job fairs 1005a job fair in a central part of the stateto match high-quality, 1006 in-stateeducators and potential educatorsand out-of-state 1007 educators and potential educators with teaching opportunities in 1008 this state. The Department of Education is authorized to collect 1009 a job fair registration fee not to exceed$20 per person and a1010booth fee not to exceed$250 per school district or other 1011 interested participating organization. The revenue from the fees 1012 shall be used to promote and operate the job fair. Funds may be 1013 used to purchase promotional itemssuch as mementos, awards, and1014plaques. 1015 Section 22. Section 1012.07, Florida Statutes, is amended 1016 to read: 1017 1012.07 Identification of critical teacher shortage areas.— 1018(1)As used in ss.1009.57,1009.58, and1009.59,The term 1019 “critical teacher shortage area” means high-need content areas 1020applies tomathematics, science, career education,and high 1021 priorityhigh prioritylocation areas identified by.the State 1022 Board of Educationmay identify career education programs having1023critical teacher shortages. The State Board of Education shall 1024 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 1025 annually identifyothercritical teacher shortage areasand high1026priority location areas. The state board mustshallalso1027 consider current and emerging educational requirements and 1028 workforce demandsteacher characteristics such as ethnic1029background, race, and sexin determining critical teacher 1030 shortage areas. School grade levels may also be designated 1031 critical teacher shortage areas. Individual district school 1032 boards may identify and submit other critical teacher shortage 1033 areas. Such submissionsshortagesmust be aligned to current and 1034 emerging educational requirements and workforce demands in order 1035 to becertified to andapproved by the State Board of Education. 1036 High-priorityHigh prioritylocation areas shall be in high 1037 density, low-economic urban schools,andlow-density, low 1038 economic rural schools, and schools identified as lowest 1039 performing under s. 1008.33(4)(b)shall include schools which1040meet criteria which include, but are not limited to, the1041percentage of free lunches, the percentage of students under1042Chapter I of the Education Consolidation and Improvement Act of10431981, and the faculty attrition rate. 1044(2) This section shall be implemented only to the extent as1045specifically funded and authorized by law.1046 Section 23. Effective July 1, 2014, paragraph (c) of 1047 subsection (1) of section 1012.22, Florida Statutes, is amended 1048 to read: 1049 1012.22 Public school personnel; powers and duties of the 1050 district school board.—The district school board shall: 1051 (1) Designate positions to be filled, prescribe 1052 qualifications for those positions, and provide for the 1053 appointment, compensation, promotion, suspension, and dismissal 1054 of employees as follows, subject to the requirements of this 1055 chapter: 1056 (c) Compensation and salary schedules.— 1057 1. Except as provided in subparagraphs 2., 4., and 5., the 1058 district school board shall adopt a salary schedule that 1059 compensates employees based on their performance.The district1060school board shall adopt a salary schedule or salary schedules1061designed to furnish incentives for improvement in training and1062for continued efficient service to be used as a basis for paying1063all school employees and fix and authorize the compensation of1064school employees on the basis thereof.1065 2. A district school board, in determining the salary 1066 schedule for instructional personnel and school-based 1067 administrators, must base more than 50 percenta portionof each 1068 employee’s compensation on student learning gains, as 1069 established by rule of the State Board of Education and as 1070 described in s. 1012.34(3)(a)1. for instructional personnel and 1071 s. 1012.34(3)(a)3. for school-based administrators. The 1072 remainder of each employee’s compensation shall be based on 1073 performance demonstrated under s. 1012.34(3)(a)2. for 1074 instructional personnel and s. 1012.34(3)(a)4. for school-based 1075 administratorss.1012.34, must consider the prior teaching1076experience of a person who has been designated state teacher of1077the year by any state in the United States, and must consider1078prior professional experience in the field of education gained1079in positions in addition to district level instructional and1080administrative positions. 1081 3. In developing the salary schedule, the district school 1082 board shall seek input from parents, teachers, and 1083 representatives of the business community. 1084 4.Beginning with the 2007-2008 academic year,Each 1085 district school board shall adopt a salary schedule with 1086 differentiated pay for both instructional personnel and school 1087 based administrators. The salary scheduleis subject to1088negotiation as provided in chapter 447 andmust allow 1089 differentiated pay based on the following: 1090 a. Assignment to a school in a high-priority location area, 1091 as defined in State Board of Education rule, with continued 1092 differentiated pay contingent upon documentation of student 1093 learning gains as described in subparagraph 2.; 1094 b. Certification and teaching in critical teacher shortage 1095 areas, as defined in State Board of Education rule, with 1096 continued differentiated pay contingent upon documentation of 1097 student learning gains as described in subparagraph 2.; and 1098 c. Assignment of additional academic responsibilities, with 1099 continued differentiated pay contingent upon documentation of 1100 student learning gains as described in subparagraph 2. 1101 5. A district school board shall adopt a salary schedule 1102 for the following: 1103 a. A beginning teacher. For purposes of this subparagraph, 1104 a beginning teacher is a classroom teacher as defined in s. 1105 1012.01(2)(a) who has no prior K-12 teaching experience. 1106 b. A teacher who holds a valid professional standard 1107 certificate issued by another state and who is hired by the 1108 district school board. 1109 c. A teacher who holds a valid professional certificate 1110 issued pursuant to s. 1012.56, who has not taught in the 1111 classroom at any time during the previous certification period, 1112 and who is hired by the district school board. 1113 1114 The salary schedule in subparagraph 5. shall be in effect for 1115 the first year that the teacher provides instruction in a 1116 Florida K-12 classroom. Thereafter, the teacher is subject to 1117 the salary schedule adopted pursuant to subparagraph 2. A 1118 district school board may not use length of service or degrees 1119 held as a factor in setting a salary schedule.district1120determined factors, including, but not limited to, additional1121responsibilities, school demographics, critical shortage areas,1122and level of job performance difficulties.1123 Section 24. Section 1012.225, Florida Statutes, is 1124 repealed. 1125 Section 25. Section 1012.2251, Florida Statutes, is 1126 repealed. 1127 Section 26. Subsection (5) of section 1012.33, Florida 1128 Statutes, is amended to read: 1129 1012.33 Contracts with instructional staff, supervisors, 1130 and school principals.— 1131 (5) Should a district school board have to choose from 1132 among its personnel who are on continuing contracts or 1133 professional service contracts as to which should be retained, 1134 such decisions shall be based primarily upon the employee’s 1135 performance as provided in s. 1012.34made pursuant to the terms1136of a collectively bargained agreement, when one exists. If no1137such agreement exists, the district school board shall prescribe1138rules to handle reductions in workforce. 1139 Section 27. Section 1012.335, Florida Statutes, is created 1140 to read: 1141 1012.335 Contracts with classroom teachers hired on or 1142 after July 1, 2010.— 1143 (1) DEFINITIONS.—As used in this section, the term: 1144 (a) “Annual contract” means a contract for a period of no 1145 longer than 1 school year in which the district school board may 1146 choose to renew or not renew without cause. 1147 (b) “Classroom teacher” means a classroom teacher as 1148 defined in s. 1012.01(2)(a), excluding substitute teachers. 1149 (c) “Probationary contract” means a contract for a period 1150 of no longer than 1 school year during which a classroom teacher 1151 may be dismissed without cause or may resign from the 1152 contractual position without breach of contract. 1153 (2) EMPLOYMENT.— 1154 (a) Beginning July 1, 2010, each person newly hired as a 1155 classroom teacher by a school district shall receive a 1156 probationary contract. 1157 (b) A classroom teacher may receive up to four annual 1158 contracts in a school district in this state if the teacher: 1159 1. Holds a professional certificate as prescribed by s. 1160 1012.56 and in the rules of the State Board of Education; and 1161 2. Has been recommended by the district school 1162 superintendent for the annual contract and approved by the 1163 district school board. 1164 (c) A classroom teacher may not receive an annual contract 1165 for the 6th year of teaching and thereafter unless the classroom 1166 teacher: 1167 1. Holds a professional certificate as prescribed by s. 1168 1012.56 and in the rules of the State Board of Education; 1169 2. Has been recommended by the district school 1170 superintendent for the annual contract and approved by the 1171 district school board; and 1172 3. Has received an effective or highly effective 1173 designation on his or her appraisal pursuant to s. 1012.34 in at 1174 least 2 of the 3 preceding years for each year an annual 1175 contract is sought. 1176 (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL 1177 CONTRACT.—A classroom teacher who has an annual contract may be 1178 suspended or dismissed at any time during the term of the 1179 contract for just cause as provided in subsection (4). The 1180 district school board must notify a classroom teacher in writing 1181 whenever charges are made against the classroom teacher, and the 1182 district school board may suspend him or her without pay. 1183 However, if the charges are not sustained, the classroom teacher 1184 shall be immediately reinstated and his or her back pay shall be 1185 paid. 1186 (4) JUST CAUSE.—The State Board of Education shall adopt 1187 rules to define the term “just cause.” Just cause includes, but 1188 is not limited to: 1189 (a) Immorality. 1190 (b) Misconduct in office. 1191 (c) Incompetency. 1192 (d) Gross insubordination. 1193 (e) Willful neglect of duty. 1194 (f) Being convicted or found guilty of, or entering a plea 1195 of guilty to, regardless of adjudication of guilt, any crime 1196 involving moral turpitude. 1197 (g) Poor performance as demonstrated by a lack of student 1198 learning gains, as specified in s. 1012.34. 1199 Section 28. Section 1012.34, Florida Statutes, is amended 1200 to read: 1201 1012.34 AppraisalAssessmentprocedures and criteria.— 1202 (1) For the purpose of increasing student achievement by 1203 improving the quality of instructional, administrative, and 1204 supervisory services in the public schools of the state, the 1205 district school superintendent shall establish procedures for 1206 evaluatingassessingthe performance of duties and 1207 responsibilities of all instructional, administrative, and 1208 supervisory personnel employed by the school district. The 1209 Department of Education must approve each district’s 1210 instructional personnel appraisalassessmentsystem and 1211 appraisal instruments. The Department of Education must approve 1212 each school-based administrator appraisal system and appraisal 1213 instruments. The department shall collect from each school 1214 district the annual performance ratings of all instructional and 1215 school-based administrative personnel and report the percentage 1216 of each of these employees receiving each rating category by 1217 school and by district to the Governor, the President of the 1218 Senate, and the Speaker of the House of Representatives. 1219 (2) The following conditions must be considered in the 1220 design of the district’s instructional personnel appraisal 1221assessmentsystem: 1222 (a) The system must be designed to support high-quality 1223 instruction and increased academic achievementdistrict and1224school level improvement plans. 1225 (b) The system must provide appropriate appraisal 1226 instruments, procedures, and criteria for continuous quality 1227 improvement of the professional skills of instructional 1228 personnel. 1229 (c) The system must include a mechanism to examine 1230 performance data from multiple sources, which includes giving 1231giveparents an opportunity to provide input into employee 1232 performance appraisalsassessmentswhen appropriate. 1233 (d) In addition to addressing generic teaching 1234 competencies, districts must determine those teaching fields for 1235 which special procedures and criteria will be developed. 1236 (e) Each district school board may establish a peer 1237 assistance process. The plan may provide a mechanism for 1238 assistance of persons who are placed on performance probation as 1239 well as offer assistance to other employees who request it. 1240 (f) EachThedistrict school board shall provide training 1241 programs that are based upon guidelines provided by the 1242 Department of Education to ensure that all individuals with 1243 evaluation responsibilities understand the proper use of the 1244 appraisalassessmentcriteria and procedures. 1245 (g) The system must differentiate among four levels of 1246 performance: unsatisfactory, needs improvement, effective, and 1247 highly effective. The Commissioner of Education shall consult 1248 with performance pay experts and classroom teachers in 1249 developing the performance levels. Beginning with the 2014-2015 1250 school year and thereafter, instructional personnel and school 1251 based administrators may not be rated as effective or highly 1252 effective if their students fail to demonstrate learning gains. 1253 (h) The system must include a process for monitoring the 1254 effective and consistent use of appraisal criteria by 1255 supervisors and administrators and a process for evaluating the 1256 effectiveness of the system itself in improving the level of 1257 instruction and learning in the district’s schools. 1258 (3) The appraisalassessmentprocedure for instructional 1259 personnel and school administrators must beprimarilybased on 1260 the performance of students assigned to their classrooms or 1261 schools, as described in paragraph (a)appropriate.Pursuant to1262this section,A school district’s performance appraisal 1263assessmentis not limited to basing unsatisfactory performance 1264 of instructional personnel and school administrators upon 1265 student performance, but may include other criteria approved to 1266 evaluateassessinstructional personnel and school 1267 administrators’ performance, or any combination of student 1268 performance and other approved criteria. The procedures must 1269 comply with, but are not limited to, the following requirements: 1270 (a) An appraisalassessmentmust be conducted for each 1271 employee at least once a year, except that an appraisal for each 1272 teacher, as described in s. 1012.22(1)(c)5., must be conducted 1273 at least twice a year.The assessment must be based upon sound1274educational principles and contemporary research in effective1275educational practices. The assessment must primarily use data1276and indicators of improvement in student performance assessed1277annually as specified in s.1008.22and may consider results of1278peer reviews in evaluating the employee’s performance. Student1279performance must be measured by state assessments required under1280s.1008.22and by local assessments for subjects and grade1281levels not measured by the state assessment program.The 1282 appraisalassessmentcriteria must include, but are not limited 1283 to, indicators that relate to the following: 1284 1. Performance of students. 1285 a. Beginning with the 2014-2015 school year and thereafter, 1286 for the classroom teacher, the learning gains of students 1287 assigned to the teacher must comprise more than 50 percent of 1288 the determination of the classroom teacher’s performance. 1289 Beginning with the 2014-2015 school year and thereafter, for 1290 instructional personnel, who are not classroom teachers, the 1291 learning gains of students assigned to the school must comprise 1292 more than 50 percent of the determination of the individual’s 1293 performance. A school district may use the learning gains of 1294 students assigned to the classroom teacher for the preceding 3 1295 years, or, for instructional personnel who are not classroom 1296 teachers, the learning gains of students assigned to the school 1297 for the preceding 3 years, to determine the individual’s 1298 performance. For purposes of this sub-subparagraph, “school” 1299 means the school to which the instructional personnel, who is 1300 not a classroom teacher, was assigned for the last 3 years. 1301 Student learning gains are measured by state assessments 1302 required under s. 1008.22, examinations in AP, IB, AICE, or a 1303 national industry certification identified in the Industry 1304 Certified Funding List pursuant to rules adopted by the State 1305 Board of Education, or district assessments for subject areas 1306 and grade levels as required under s. 1008.222. 1307 b. For instructional personnel, more than 50 percent of the 1308 determination of the individual’s performance must be based on 1309 the performance of students assigned to their classrooms or 1310 schools, as appropriate. Student performance must be measured by 1311 state assessments required under s. 1008.22 and by local 1312 assessments for subjects and grade levels not measured by the 1313 state assessment program. This sub-subparagraph expires July 1, 1314 2014. 1315 2. Instructional practice. For instructional personnel, 1316 performance criteria must be based on the Florida Educator 1317 Accomplished Practices adopted by the State Board of Education 1318 by rule, which include: 1319 a. Ability to maintain appropriate discipline. 1320 b.3.Knowledge of subject matter.The district school board1321shall make special provisions for evaluating teachers who are1322assigned to teach out-of-field.1323 c.4.Ability to plan and deliver effective instruction and 1324 the effective use of technology in the classroom. 1325 d.5.Ability to use assessment data and other evidence of 1326 student learning to design and implement differentiated 1327 instructional strategies in order to meet individual student 1328 needs for remediation or accelerationevaluate instructional1329needs. 1330 e.6.Ability to establish and maintain a positive 1331 collaborative relationship with students’ families to increase 1332 student achievement. 1333 f.7.Other professional competencies, responsibilities, and 1334 requirements as established by rules of the State Board of 1335 Education and policies of the district school board. 1336 3. Instructional leadership performance. 1337 a. Beginning with the 2014-2015 school year and thereafter, 1338 for a school-based administrator, the learning gains of students 1339 assigned to the school must comprise more than 50 percent of the 1340 determination of the school-based administrator’s performance. A 1341 school district may use the learning gains of students assigned 1342 to the school for the preceding 3 years to determine the school 1343 based administrator’s performance. For purposes of this sub 1344 subparagraph, “school” means the school to which the 1345 administrator was assigned for the last 3 years. Student 1346 learning gains are measured by state assessments required under 1347 s. 1008.22, examinations in AP, IB, AICE, or a national industry 1348 certification identified in the Industry Certified Funding List 1349 pursuant to rules adopted by the State Board of Education, or 1350 district assessments for subject areas and grade levels as 1351 required under s. 1008.222. 1352 b. For school-based administrators, more than 50 percent of 1353 the determination of the individual’s performance must be based 1354 on the performance of students assigned to their schools. 1355 Student performance must be measured by state assessments 1356 required under s. 1008.22 and by local assessments for subjects 1357 and grade levels not measured by the state assessment program. 1358 This sub-subparagraph expires July 1, 2014. 1359 4. Instructional leadership practice. For a school-based 1360 administrator, performance criteria must be based on the Florida 1361 Principal Leadership Standards adopted by the State Board of 1362 Education under s. 1012.986, which includes the ability to: 1363 a. Manage human, financial, and material resources so as to 1364 maximize the share of resources used for direct instruction, as 1365 opposed to overhead or other purposes; and 1366 b. Recruit and retain high-performing teachers. 1367 (b) All personnel must be fully informed of the criteria 1368 and procedures associated with the appraisalassessmentprocess 1369 before the appraisalassessmenttakes place. 1370 (c) The individual responsible for supervising the employee 1371 must evaluateassessthe employee’s performance. The evaluator 1372 must submit a written report of the appraisalassessmentto the 1373 district school superintendent for the purpose of reviewing the 1374 employee’s contract. The evaluator must submit the written 1375 report to the employee no later than 10 days after the appraisal 1376assessmenttakes place. The evaluator must discuss the written 1377 report of the appraisalassessmentwith the employee. The 1378 employee shall have the right to initiate a written response to 1379 the appraisalassessment, and the response shall become a 1380 permanent attachment to his or her personnel file. 1381 (d) If an employee is not performing his or her duties in a 1382 satisfactory manner, the evaluator shall notify the employee in 1383 writing of such determination. The notice must describe such 1384 unsatisfactory performance and include notice of the following 1385 procedural requirements: 1386 1. Upon delivery of a notice of unsatisfactory performance, 1387 the evaluator must confer with the employee, make 1388 recommendations with respect to specific areas of unsatisfactory 1389 performance, and provide assistance in helping to correct 1390 deficiencies within a prescribed period of time. 1391 2.a. If the employee holds an annual contract as provided 1392 in s. 1012.335, and receives an unsatisfactory performance 1393 appraisal pursuant to the criteria in subparagraph (a)2., the 1394 employee may request a review of the appraisal by the district 1395 school superintendent or his or her designee. The district 1396 school superintendent may review the employee’s appraisal. 1397 b. If the employee holds a professional service contract as 1398 provided in s. 1012.33, the employee shall be placed on 1399 performance probation and governed by the provisions of this 1400 section for 90 calendar days following the receipt of the notice 1401 of unsatisfactory performance to demonstrate corrective action. 1402 School holidays and school vacation periods are not counted when 1403 calculating the 90-calendar-day period. During the 90 calendar 1404 days, the employee who holds a professional service contract 1405 must be evaluated periodically and apprised of progress achieved 1406 and must be provided assistance and inservice training 1407 opportunities to help correct the noted performance 1408 deficiencies. At any time during the 90 calendar days, the 1409 employee who holds a professional service contract may request a 1410 transfer to another appropriate position with a different 1411 supervising administrator; however, a transfer does not extend 1412 the period for correcting performance deficiencies. 1413 c.b.Within 14 days after the close of the 90 calendar 1414 days, the evaluator must evaluateassesswhether the performance 1415 deficiencies have been corrected and forward a recommendation to 1416 the district school superintendent. Within 14 days after 1417 receiving the evaluator’s recommendation, the district school 1418 superintendent must notify the employee who holds a professional 1419 service contract in writing whether the performance deficiencies 1420 have been satisfactorily corrected and whether the district 1421 school superintendent will recommend that the district school 1422 board continue or terminate his or her employment contract. If 1423 the employee wishes to contest the district school 1424 superintendent’s recommendation, the employee must, within 15 1425 days after receipt of the district school superintendent’s 1426 recommendation, submit a written request for a hearing. The 1427 hearing shall be conducted at the district school board’s 1428 election in accordance with one of the following procedures: 1429 (I) A direct hearing conducted by the district school board 1430 within 60 days after receipt of the written appeal. The hearing 1431 shall be conducted in accordance with the provisions of ss. 1432 120.569 and 120.57. A majority vote of the membership of the 1433 district school board shall be required to sustain the district 1434 school superintendent’s recommendation. The determination of the 1435 district school board shall be final as to the sufficiency or 1436 insufficiency of the grounds for termination of employment; or 1437 (II) A hearing conducted by an administrative law judge 1438 assigned by the Division of Administrative Hearings of the 1439 Department of Management Services. The hearing shall be 1440 conducted within 60 days after receipt of the written appeal in 1441 accordance with chapter 120. The recommendation of the 1442 administrative law judge shall be made to the district school 1443 board. A majority vote of the membership of the district school 1444 board shall be required to sustain or change the administrative 1445 law judge’s recommendation. The determination of the district 1446 school board shall be final as to the sufficiency or 1447 insufficiency of the grounds for termination of employment. 1448 (4) The district school superintendent shall notify the 1449 department of any instructional personnel who receive two 1450 consecutive unsatisfactory evaluations and who have been given 1451 written notice by the district that their employment is being 1452 terminated or is not being renewed or that the district school 1453 board intends to terminate, or not renew, their employment. The 1454 department shall conduct an investigation to determine whether 1455 action shall be taken against the certificateholder pursuant to 1456 s. 1012.795(1)(c). 1457 (5) The district school superintendent shall develop a 1458 mechanism for evaluating the effective use of appraisal 1459assessmentcriteria and evaluation procedures by administrators 1460 who are assigned responsibility for evaluating the performance 1461 of instructional personnel. The use of the appraisalassessment1462 and evaluation procedures shall be considered as part of the 1463 annual appraisalassessmentof the administrator’s performance. 1464 The system must include a mechanism to give parents and teachers 1465 an opportunity to provide input into the administrator’s 1466 performance assessment, when appropriate. 1467 (6) Nothing in this section shall be construed to grant a 1468 probationary employee a right to continued employment beyond the 1469 term of his or her contract. 1470 (7) The district school board shall establish a procedure 1471 annually reviewing instructional personnel appraisalassessment1472 systems to determine compliance with this section. All 1473 substantial revisions to an approved system must be reviewed and 1474 approved by the district school board before being used to 1475 evaluateassessinstructional personnel. Upon request by a 1476 school district, the department shall provide assistance in 1477 developing, improving, or reviewing an appraisalassessment1478 system. 1479 (8) The State Board of Education shall adopt rules pursuant 1480 to ss. 120.536(1) and 120.54, that establish uniform guidelines 1481 for the submission, review, and approval of district procedures 1482 for the annual appraisalassessmentof instructional personnel 1483 and school-based administrative personnel and that include the 1484 method of calculating rates of student learning tied to 1485 differentiated levels of performance as provided for in 1486 paragraph (2)(g) and criteria for evaluating professional 1487 performance. 1488 Section 29. Subsection (3) is added to section 1012.42, 1489 Florida Statutes, to read: 1490 1012.42 Teacher teaching out-of-field.— 1491 (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011 1492 school year, a district school board shall not assign any 1493 beginning teacher to teach reading, science, or mathematics if 1494 he or she is not certified in reading, science, or mathematics. 1495 Section 30. Section 1012.52, Florida Statutes, is repealed. 1496 Section 31. Paragraph (c) of subsection (2), subsections 1497 (5), (6), and (7), paragraph (b) of subsection (9), and 1498 subsection (17) of section 1012.56, Florida Statutes, are 1499 amended to read: 1500 1012.56 Educator certification requirements.— 1501 (2) ELIGIBILITY CRITERIA.—To be eligible to seek 1502 certification, a person must: 1503 (c) Document receipt of a bachelor’s or higher degree from 1504 an accredited institution of higher learning, or a nonaccredited 1505 institution of higher learning that the Department of Education 1506 has identified as having a quality program resulting in a 1507 bachelor’s degree, or higher. Each applicant seeking initial 1508 certification must have attained at least a 2.5 overall grade 1509 point average on a 4.0 scale in the applicant’s major field of 1510 study. The applicant may document the required education by 1511 submitting official transcripts from institutions of higher 1512 education or by authorizing the direct submission of such 1513 official transcripts through established electronic network 1514 systems. The bachelor’s or higher degree may not be required in 1515 areas approved in rule by the State Board of Education as 1516 nondegreed areas. The State Board of Education may adopt rules 1517 that, for purposes of demonstrating completion of certification 1518 requirements specified in state board rule, allow for the 1519 acceptance of college course credits recommended by the American 1520 Council on Education (ACE), as posted on an official ACE 1521 transcript. 1522 (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of 1523 demonstrating mastery of subject area knowledge are: 1524 (a) Achievement of passing scores on subject area 1525 examinations required by state board rule, which may include, 1526 but need not be limited to, world languages in Arabic, Chinese, 1527 Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi, 1528 Italian, Japanese, Portuguese, Russian, and Spanish; 1529 (b) Completion of a bachelor’s degree or higher and 1530 verification of the attainment of an oral proficiency interview 1531 score above the intermediate level and a written proficiency 1532 score above the intermediate level on a test administered by the 1533 American Council on the Teaching of Foreign Languages for which 1534 there is no Florida-developed examination; 1535 (c) Completion of the subject area specialization 1536 requirements specified in state board rule and verification of 1537 the attainment of the essential subject matter competencies by 1538 the district school superintendent of the employing school 1539 district or chief administrative officer of the employing state 1540 supported or private school for a subject area for which a 1541 subject area examination has not been developed and required by 1542 state board rule; 1543 (d) Completion of the subject area specialization 1544 requirements specified in state board rule for a subject 1545 coverage requiring a master’s or higher degree and achievement 1546 of a passing score on the subject area examination specified in 1547 state board rule; 1548 (e) A valid professional standard teaching certificate 1549 issued by another state and achievement of a passing score on 1550 the subject area exam specified in State Board of Education rule 1551 or by a full demonstration of mastery of his or her ability to 1552 teach the subject area for which he or she is seeking 1553 certification, as provided by rules of the State Board of 1554 Education; or 1555 (f) A valid certificate issued by the National Board for 1556 Professional Teaching Standards or a national educator 1557 credentialing board approved by the State Board of Education. 1558 1559 The requirement in paragraph (e) must be met within the first 1560 semester of the first year of teaching under the temporary 1561 certificate. School districts are encouraged to provide 1562 mechanisms for those middle school teachers holding only a K-6 1563 teaching certificate to obtain a subject area coverage for 1564 middle grades through postsecondary coursework or district add 1565 on certification. 1566 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 1567 COMPETENCE.—Acceptable means of demonstrating mastery of 1568 professional preparation and education competence are: 1569 (a) Completion of an approved teacher preparation program 1570 at a postsecondary educational institution within this state and 1571 achievement of a passing score on the professional education 1572 competency examination required by state board rule; 1573 (b) Completion of a teacher preparation program at a 1574 postsecondary educational institution outside Florida and 1575 achievement of a passing score on the professional education 1576 competency examination required by state board rule; 1577 (c) A valid professional standard teaching certificate 1578 issued by another state; 1579 (d) A valid certificate issued by the National Board for 1580 Professional Teaching Standards or a national educator 1581 credentialing board approved by the State Board of Education; 1582 (e) Documentation of two semesters of successful teaching 1583 in a community college, state university, or private college or 1584 university that awards an associate or higher degree and is an 1585 accredited institution or an institution of higher education 1586 identified by the Department of Education as having a quality 1587 program; 1588 (f) Completion of professional preparation courses as 1589 specified in state board rule, successful completion of a 1590 professional education competence demonstration program pursuant 1591 to paragraph (8)(b), and achievement of a passing score on the 1592 professional education competency examination required by state 1593 board rule; 1594 (g) Successful completion of a professional preparation 1595 alternative certification and education competency program, 1596 outlined in paragraph (8)(a);or1597 (h) Successful completion of an alternative certification 1598 program pursuant to s. 1004.85 and achievement of a passing 1599 score on the professional education competency examination 1600 required by rule of the State Board of Education; or.1601 (i) Successful completion of a professional education 1602 training program provided by Teach for America and achievement 1603 of a passing score on the professional education competency 1604 examination required by rule of the State Board of Education. 1605 (7) TYPES AND TERMS OF CERTIFICATION.— 1606 (a) The Department of Education shall issue a professional 1607 certificate for a period not to exceed 5 years to any applicant 1608 who meets all the requirements outlined in subsection (2). 1609 (b) The department shall issue a temporary certificate to 1610 any applicant who meets the following requirements: 1611 1. Completes the requirements outlined in paragraphs 1612 (2)(a)-(f);and1613 2.a. Completes the subject area content requirements 1614 specified in state board rule; or 1615 b. Demonstrates mastery of subject area knowledge pursuant 1616 to subsection (5); and 1617 3. Holds an accredited degree or a degree approved by the 1618 Department of Education at the level required for the subject 1619 area specialization in state board rule. 1620 (c) The department shall issue one nonrenewable 2-year 1621 temporary certificate and one nonrenewable 5-year professional 1622 certificate to a qualified applicant who holds a bachelor’s 1623 degree in the area of speech-language impairment to allow for 1624 completion of a master’s degree program in speech-language 1625 impairment. 1626 1627 Each temporary certificate is valid for 3 school fiscal years 1628 and is nonrenewable. However, the requirement in paragraphs 1629paragraph(2)(g) and (h) must be met within 1 calendar year of 1630 the date of employment under the temporary certificate. 1631 Individuals who are employed under contract at the end of the 1 1632 calendar year time period may continue to be employed through 1633 the end of the school year in which they have been contracted. A 1634 school district shall not employ, or continue the employment of, 1635 an individual in a position for which a temporary certificate is 1636 required beyond this time period if the individual has not met 1637 the requirement of paragraph (2)(g) or paragraph (2)(h). The 1638 State Board of Education shall adopt rules to allow the 1639 department to extend the validity period of a temporary 1640 certificate for 2 years when the requirements for the 1641 professional certificate, not including the requirement in 1642 paragraph (2)(g) or paragraph (2)(h), were not completed due to 1643 the serious illness or injury of the applicant or other 1644 extraordinary extenuating circumstances. The department shall 1645 reissue the temporary certificate for 2 additional years upon 1646 approval by the Commissioner of Education. A written request for 1647 reissuance of the certificate shall be submitted by the district 1648 school superintendent, the governing authority of a university 1649 lab school, the governing authority of a state-supported school, 1650 or the governing authority of a private school. 1651 (9) EXAMINATIONS.— 1652 (b) The State Board of Education shall, by rule, specify 1653 the examination scores that are required for the issuance of a 1654 professional certificate and temporary certificate. Such rules 1655 must define generic subject area and reading instruction 1656 competencies and must establish uniform evaluation guidelines. 1657 The State Board of Education shall review the current subject 1658 area examinations and, if necessary, revise the passing scores 1659 and reading instruction pursuant to s. 1001.215 required for 1660 achieving certification in order to match expectations for 1661 teacher competency in each subject area. 1662 (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE. 1663Beginning with the 2003-2004 school year,The Department of 1664 Education shall conduct a longitudinal study to compare 1665 performance of certificateholders who are employed in Florida 1666 school districts. The study shall comparea sampling of1667 educators who have qualified for a professional certificate 1668since July 1, 2002,based on the following: 1669 (a) Graduation from a state-approved teacher preparation 1670 program. 1671 (b) Completion of a state-approved professional preparation 1672 and education competency program. 1673 (c) A valid standard teaching certificate issued by a state 1674 other than Florida. 1675 1676 The department comparisons shall be made to determine if there 1677 is any significant difference in the performance of these groups 1678 of teachers, as measured by their students’ achievement levels 1679 and learning gains as measured by s. 1008.22. 1680 Section 32. Paragraph (b) of subsection (2) and subsection 1681 (5) of section 1012.585, Florida Statutes, are amended, and 1682 subsection (6) is added to that section, to read: 1683 1012.585 Process for renewal of professional certificates.— 1684 (2) 1685 (b) A teacher with national certification from the National 1686 Board for Professional Teaching Standards is deemed to meet 1687 state renewal requirementsfor the life of the teacher’s1688national certificatein the subject shown on the national 1689 certificate. A complete renewal application and fee shall be 1690 submitted. The Commissioner of Education shall notify teachers 1691 of the renewal application and fee requirements. This paragraph 1692 expires July 1, 2014. 1693 (5) The State Board of Education shall adopt rules to allow 1694 the reinstatement of expired professional certificates. The 1695 department may reinstate an expired professional certificate if 1696 the certificateholder: 1697 (a) Submits an application for reinstatement of the expired 1698 certificate. 1699 (b) Documents completion of 6 college credits during the 5 1700 years immediately preceding reinstatement of the expired 1701 certificate, completion of 120 inservice points, or a 1702 combination thereof, in an area specified in paragraph (3)(a). 1703 (c) Meets the requirements in subsection (6). 1704 (d)(c)During the 5 years immediately preceding 1705 reinstatement of the certificate, achieves a passing score on 1706 the subject area test for each subject to be shown on the 1707 reinstated certificate. 1708 1709 The requirements of this subsection may not be satisfied by 1710 subject area tests or college credits completed for issuance of 1711 the certificate that has expired. 1712 (6) Beginning with the 2014-2015 school year, the 1713 requirements for the renewal of a professional certificate shall 1714 include documentation of effective or highly effective 1715 performance as demonstrated under s. 1012.34 for at least 4 of 1716 the preceding 5 years before the renewal certification is 1717 sought. The State Board of Education shall adopt rules to define 1718 the process for documenting effective performance under this 1719 subsection, including equivalent options for individuals who 1720 have not been evaluated under s. 1012.34. An individual’s 1721 certificate shall expire if the individual is not able to 1722 demonstrate effective performance as required under this 1723 subsection and the rules of the state board. The individual may 1724 apply to reinstate his or her professional certificate under 1725 subsection (5). 1726 Section 33. Section 1012.72, Florida Statutes, is repealed. 1727 Section 34. Subsection (1) of section 1012.79, Florida 1728 Statutes, is amended to read: 1729 1012.79 Education Practices Commission; organization.— 1730 (1) The Education Practices Commission consists of 25 1731 members, including 118teachers; 5 administrators, at least one 1732 of whom mayshallrepresent a private school; 57lay citizens, 1733 35of whom shall be parents of public school students and who 1734 are unrelated to public school employees and 2 of whom shall be 1735 former district school board members; and 45sworn law 1736 enforcement officials, appointed by the State Board of Education 1737 from nominations by the Commissioner of Education and subject to 1738 Senate confirmation. Prior to making nominations, the 1739 commissioner shall consult with teaching associations, parent 1740 organizations, law enforcement agencies, and other involved 1741 associations in the state. In making nominations, the 1742 commissioner shall attempt to achieve equal geographical 1743 representation, as closely as possible. 1744 (a) A teacher member, in order to be qualified for 1745 appointment: 1746 1. Must be certified to teach in the state. 1747 2. Must be a resident of the state. 1748 3. Must have practiced the professionin this statefor at 1749 least 10 years, with at least 5 years of experience in this 1750 state immediately preceding the appointment. 1751 (b) A school administrator member, in order to be qualified 1752 for appointment: 1753 1. Must have an endorsement on the educator certificate in 1754 the area of school administration or supervision. 1755 2. Must be a resident of the state. 1756 3. Must have practiced the profession as an administrator 1757 for at least 5 years immediately preceding the appointment. 1758 (c) The lay members must be residents of the state. 1759 (d) The law enforcement official members must have served 1760 in the profession for at least 5 years immediately preceding 1761 appointment and have background expertise in child safety. 1762 Section 35. Paragraph (h) of subsection (1) of section 1763 1012.795, Florida Statutes, is amended to read: 1764 1012.795 Education Practices Commission; authority to 1765 discipline.— 1766 (1) The Education Practices Commission may suspend the 1767 educator certificate of any person as defined in s. 1012.01(2) 1768 or (3) for up to 5 years, thereby denying that person the right 1769 to teach or otherwise be employed by a district school board or 1770 public school in any capacity requiring direct contact with 1771 students for that period of time, after which the holder may 1772 return to teaching as provided in subsection (4); may revoke the 1773 educator certificate of any person, thereby denying that person 1774 the right to teach or otherwise be employed by a district school 1775 board or public school in any capacity requiring direct contact 1776 with students for up to 10 years, with reinstatement subject to 1777 the provisions of subsection (4); may revoke permanently the 1778 educator certificate of any person thereby denying that person 1779 the right to teach or otherwise be employed by a district school 1780 board or public school in any capacity requiring direct contact 1781 with students; may suspend the educator certificate, upon an 1782 order of the court or notice by the Department of Revenue 1783 relating to the payment of child support; or may impose any 1784 other penalty provided by law, if the person: 1785 (h) Has breached a contract, as provided in s. 1012.33(2) 1786 or s. 1012.335. 1787 Section 36. Review of teacher preparation program funding.— 1788 (1) The Department of Education, in collaboration with the 1789 Board of Governors, shall develop a methodology to determine the 1790 cost-effectiveness of the teacher preparation programs in ss. 1791 1004.04, 1004.85, and 1012.56(8), Florida Statutes. The 1792 methodology for determining program costs must use existing 1793 expenditure data, when available. 1794 (2) On or before December 1, 2011, the Department of 1795 Education shall submit a report to the Governor, the President 1796 of the Senate, and the Speaker of the House of Representatives 1797 which: 1798 (a) Provides a methodology to evaluate the cost 1799 effectiveness of teacher preparation programs based on program 1800 costs, program outcomes of student cohorts such as completion 1801 rates, placement rates in teaching jobs, retention rates in the 1802 classroom, and student achievement and learning gains of 1803 students taught by graduates; 1804 (b) Uses the methodology developed to evaluate the cost 1805 effectiveness of the state’s teacher preparation programs; and 1806 (c) Provides recommendations that would enhance the 1807 Legislature’s ability to consider the program’s productivity 1808 when allocating funds. 1809 (3) The Office of Program Policy Analysis and Government 1810 Accountability shall review the current standards for the 1811 continued approval of teacher preparation programs and make 1812 recommendations to the Legislature on or before January 1, 2012, 1813 for any needed changes. Such recommendations shall include 1814 proposed changes to the allocation of any state funds to teacher 1815 preparation programs and the students enrolled in these 1816 programs. 1817 Section 37. If any provision of this act or its application 1818 to any person or circumstance is held invalid, the invalidity 1819 does not affect other provisions or applications of the act 1820 which can be given effect without the invalid provision or 1821 application, and to this end the provisions of this act are 1822 severable. 1823 Section 38. The amendments to ss. 1012.22 and 1012.33, 1824 Florida Statutes, shall apply to contracts newly entered into, 1825 extended, or readopted on or after July 1, 2010, and to all 1826 contracts on or after July 1, 2013. 1827 Section 39. Except as otherwise expressly provided in this 1828 act, this act shall take effect July 1, 2010.