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 CS for SB 6 By the Policy and Steering Committee on Ways and Means; the Committee on Education Pre-K - 12; and Senators Thrasher, Gaetz, Detert, Wise, Constantine, Richter, Peaden, Storms, and Baker 576-03297A-10 20106c2 1 A bill to be entitled 2 An act relating to education personnel; amending s. 3 39.202, F.S.; authorizing the release of child abuse 4 records to certain employees and agents of the 5 Department of Education; amending s. 447.403, F.S.; 6 deleting a provision that provides for an expedited 7 impasse hearing for disputes involving the Merit Award 8 Program plan to conform to changes made by the act; 9 amending s. 1002.33, F.S.; requiring a charter school 10 to adopt a salary schedule for instructional personnel 11 and school-based administrators which meets certain 12 requirements; providing that charter schools must meet 13 certain requirements for end-of-course assessments, 14 performance appraisals, and certain contracts; 15 deleting a cross-reference to conform to changes made 16 by the act; requiring that the Commissioner of 17 Education review certain charter schools for 18 compliance with the requirements for a salary 19 schedule, assessments, and contracts; requiring a 20 specified funding adjustment to be imposed against a 21 charter school that is not in compliance; amending s. 22 1003.52, F.S.; deleting a cross-reference to conform 23 to changes made by the act; repealing s. 1003.62, 24 F.S., relating to academic performance-based charter 25 school districts; amending s. 1003.621, F.S.; 26 providing additional requirements for personnel in 27 academically high-performing school districts; 28 repealing s. 1003.63, relating to the deregulated 29 public schools pilot program; amending s. 1004.04, 30 F.S.; revising the criteria for continued approval of 31 teacher preparation programs to include student 32 learning gains; deleting the waiver of admissions 33 criteria for certain students; deleting the criterion 34 relating to employer satisfaction; revising the 35 requirements for a teacher preparation program to 36 provide additional training to a graduate who fails to 37 demonstrate essential skills; deleting a provision 38 that requires state-approved teacher preparation 39 programs and public and private institutions offering 40 training for school-readiness-related professions to 41 report graduate satisfaction ratings; revising the 42 requirements for preservice field experience programs; 43 repealing s. 1004.04(11) and (12), F.S., relating to 44 the Preteacher and Teacher Education Pilot Programs 45 and the Teacher Education Pilot Programs for High 46 Achieving Students; amending s. 1004.85, F.S.; 47 revising the requirements for individuals who 48 participate in programs at postsecondary educator 49 preparation institutes; revising the requirements for 50 approved alternative certification programs and 51 instructors; creating s. 1008.222, F.S.; requiring 52 school districts to develop and implement end-of 53 course assessments; requiring a review of assessments 54 by the Commissioner of Education; amending s. 1009.40, 55 F.S.; deleting cross-references to conform to changes 56 made by the act; repealing s. 1009.54, F.S., relating 57 to the Critical Teacher Shortage Program; repealing s. 58 1009.57, F.S., relating to the Florida Teacher 59 Scholarship and Forgivable Loan Program; repealing s. 60 1009.58, F.S., relating to the Critical Teacher 61 Shortage Tuition Reimbursement Program; repealing s. 62 1009.59, F.S., relating to the Critical Teacher 63 Shortage Student Loan Forgiveness Program; amending s. 64 1009.94, F.S.; deleting cross-references to conform to 65 changes made by the act; creating s. 1011.626, F.S.; 66 providing legislative findings and intent; creating 67 the Performance Fund for Instructional Personnel and 68 School-Based Administrators; providing for calculation 69 of the fund amount; providing for distribution of 70 funds to districts and specifying purposes for which 71 funds may be expended; providing for reversion of 72 unexpended funds; specifying that salary increases 73 from these funds are in addition to other salary 74 adjustments; specifying requirements for individuals 75 paid from federal grants; requiring that each district 76 school board submit its district adopted salary 77 schedule and certain assessments to the Commissioner 78 of Education for review; requiring that the 79 commissioner determine compliance with requirements 80 applicable to the schedules and assessments; requiring 81 a review by the Auditor General of certain classroom 82 teacher contracts; requiring that the Commissioner of 83 Education notify the Governor and Legislature of 84 school districts that fail to comply with salary 85 schedule, assessment, and contract requirements; 86 requiring a specified funding adjustment to be imposed 87 against a school district for such failure to comply; 88 requiring that the State Board of Education adopt 89 rules; amending s. 1011.69, F.S.; deleting a provision 90 that exempts academic performance-based charter school 91 districts from the Equity in School-Level Funding Act 92 to conform to changes made by the act; amending s. 93 1012.05, F.S.; revising the Department of Education’s 94 responsibilities for teacher recruitment; amending s. 95 1012.07, F.S.; revising the methodology for 96 determining critical teacher shortage areas; deleting 97 cross-references to conform to changes made by the 98 act; amending s. 1012.22, F.S.; revising the powers 99 and duties of the district school board with respect 100 to school district compensation and salary schedules; 101 requiring that certain performance criteria be 102 included in the adopted schedules; revising the 103 differentiated pay provisions; repealing s. 1012.225, 104 F.S., relating to the Merit Award Program for 105 Instructional Personnel and School-Based 106 Administrators; repealing s. 1012.2251, F.S., relating 107 to the end-of-course examinations for the Merit Award 108 Program; amending s. 1012.33, F.S.; revising 109 provisions relating to contracts with certain 110 educational personnel; requiring a district school 111 board’s decision to retain personnel who have 112 continuing contracts or professional service contracts 113 to be primarily based on the employee’s performance; 114 deleting requirements that school board decisions for 115 workforce reductions be based on collective bargaining 116 agreements; deleting requirements for district school 117 board rules for workforce reduction; creating s. 118 1012.335, F.S.; providing definitions; providing 119 employment criteria for newly hired classroom 120 teachers; providing grounds for termination; requiring 121 that the State Board of Education adopt rules defining 122 the term “just cause”; providing guidelines for such 123 term; amending s. 1012.34, F.S.; revising provisions 124 related to the appraisal of instructional personnel 125 and school-based administrators; requiring that the 126 Department of Education approve school district 127 appraisal instruments; requiring the Department of 128 Education to collect appraisal information from school 129 districts and to report such information to the 130 Governor and the Legislature; providing requirements 131 for appraisal systems; authorizing an employee to 132 request that a district school superintendent review 133 an unsatisfactory performance appraisal; conforming 134 provisions to changes made by the act; amending s. 135 1012.42, F.S.; prohibiting a district school board 136 from assigning a new teacher to teach reading, 137 science, or mathematics if he or she is not certified 138 in those subject areas; repealing s. 1012.52, F.S., 139 relating to legislative intent for teacher quality; 140 amending s. 1012.56, F.S.; revising the certification 141 requirements for persons holding a valid professional 142 standard teaching certificate issued by another state; 143 providing additional means of demonstrating mastery of 144 professional preparation and education competence; 145 requiring that the State Board of Education review the 146 current subject area examinations and increase the 147 scores necessary for achieving certification; 148 authorizing the State Board of Education to adopt 149 rules to allow certain college credit to be used to 150 meet certification requirements; amending s. 1012.585, 151 F.S.; providing for future expiration of provisions 152 governing certification of teachers who hold national 153 certification; revising the renewal requirements for a 154 professional certificate; providing additional 155 requirements that must be met in order to renew the 156 certificate; requiring that the State Board of 157 Education adopt rules for the renewal of a certificate 158 held by a certificateholder who has not been evaluated 159 under s. 1012.34, F.S.; repealing s. 1012.72, F.S., 160 relating to the Dale Hickam Excellent Teaching 161 Program; amending s. 1012.79, F.S.; revising the 162 composition of the Education Practices Commission; 163 conforming provisions to changes made by the act; 164 amending s. 1012.795, F.S.; conforming provisions to 165 changes made by the act; requiring that the Department 166 of Education submit a report on the cost-effectiveness 167 of teacher preparation programs to the Governor and 168 the Legislature by a specified date; specifying the 169 report requirements; requiring that the Office of 170 Program Policy Analysis and Government Accountability 171 submit recommendations to the Legislature relating to 172 changes in the criteria for the continued approval of 173 teacher preparation programs; providing a contingent 174 exemption from certain provisions in the act for 175 certain school districts; providing for severability; 176 providing for application of specified provisions of 177 the act; providing effective dates. 178 179 Be It Enacted by the Legislature of the State of Florida: 180 181 Section 1. Paragraph (t) is added to subsection (2) of 182 section 39.202, Florida Statutes, to read: 183 39.202 Confidentiality of reports and records in cases of 184 child abuse or neglect.— 185 (2) Except as provided in subsection (4), access to such 186 records, excluding the name of the reporter which shall be 187 released only as provided in subsection (5), shall be granted 188 only to the following persons, officials, and agencies: 189 (t) Employees or agents of the Department of Education who 190 are responsible for the investigation or prosecution of 191 misconduct by certified educators. 192 Section 2. Paragraph (c) of subsection (2) of section 193 447.403, Florida Statutes, is amended to read: 194 447.403 Resolution of impasses.— 195 (2) 196(c)If the district school board is the public employer and197an impasse is declared under subsection (1) involving a dispute198of a Merit Award Program plan under s.1012.225, the dispute is199subject to an expedited impasse hearing. Notwithstanding200subsections (3), (4), and (5), and the rules adopted by the201commission, the following procedures shall apply:2021.a.The commission shall furnish the names of seven203special magistrates within 5 days after receiving notice of204impasse. If the parties are unable to agree upon a special205magistrate within 5 days after the date of the letter206transmitting the list of choices, the commission shall207immediately appoint a special magistrate. The special magistrate208shall set the hearing, which shall be held no later than 15 days209after the date of appointment of the special magistrate. Within2105 days after the date of appointment of a special magistrate,211each party shall serve upon the special magistrate and upon each212other party a written list of issues at impasse.213b.At the close of the hearing, the parties shall summarize214their arguments and may provide a written memorandum in support215of their positions.216c.Within 10 days after the close of the hearing, the217special magistrate shall transmit a recommended decision to the218commission and the parties.219d.The recommended decision of the special magistrate shall220be deemed accepted by the parties, except as to those221recommendations that a party specifically rejects, by filing a222written notice with the commission and serving a copy on the223other party within 5 days after the date of the recommended224decision.2252.If a party rejects any part of the recommended decision226of the special magistrate, the parties shall proceed directly to227resolution of the impasse by the district school board pursuant228to paragraph (4)(d).229 Section 3. Paragraph (c) is added to subsection (16) of 230 section 1002.33, Florida Statutes, paragraph (a) of subsection 231 (20) of that section is amended, present subsection (26) of that 232 section is redesignated as subsection (27), and a new subsection 233 (26) is added to that section, to read: 234 1002.33 Charter schools.— 235 (16) EXEMPTION FROM STATUTES.— 236 (c) A charter school shall also comply with the following: 237 1. A charter school may not award a professional service 238 contract or similar contract to a classroom teacher hired on or 239 after July 1, 2010. 240 2. Beginning with the 2014-2015 school year and thereafter, 241 a charter school must adopt a salary schedule for instructional 242 personnel and school-based administrators which compensates 243 instructional personnel and school-based administrators based on 244 their performance. Salary adjustments for instructional 245 personnel and school-based administrators must be based only on 246 performance demonstrated under s. 1012.34. A charter school may 247 not use length of service or degrees held by instructional 248 personnel or school-based administrators as a factor in setting 249 the salary schedule. 250 3. A charter school must meet the following requirements: 251 a. Administer assessments that comply with s. 1008.222. 252 However, a charter school may use its own assessments if the 253 assessments comply with s. 1008.222; 254 b. Maintain the security and integrity of end-of-course 255 assessments developed or acquired pursuant to s. 1008.222; and 256 c. Adopt a performance appraisal system that complies with 257 s. 1012.34. 258 (20) SERVICES.— 259 (a) A sponsor shall provide certain administrative and 260 educational services to charter schools. These services shall 261 include contract management services; full-time equivalent and 262 data reporting services; exceptional student education 263 administration services; services related to eligibility and 264 reporting duties required to ensure that school lunch services 265 under the federal lunch program, consistent with the needs of 266 the charter school, are provided by the school district at the 267 request of the charter school, that any funds due to the charter 268 school under the federal lunch program be paid to the charter 269 school as soon as the charter school begins serving food under 270 the federal lunch program, and that the charter school is paid 271 at the same time and in the same manner under the federal lunch 272 program as other public schools serviced by the sponsor or the 273 school district; test administration services, including payment 274 of the costs of state-required or district-required student 275 assessments; processing of teacher certificate data services; 276 and information services, including equal access to student 277 information systems that are used by public schools in the 278 district in which the charter school is located. Student 279 performance data for each student in a charter school, 280 including, but not limited to, FCAT scores, standardized test 281 scores, previous public school student report cards, and student 282 performance measures, shall be provided by the sponsor to a 283 charter school in the same manner provided to other public 284 schools in the district. A total administrative fee for the 285 provision of such services shall be calculated based upon up to 286 5 percent of the available funds defined in paragraph (17)(b) 287 for all students. However, a sponsor may only withhold up to a 288 5-percent administrative fee for enrollment for up to and 289 including 500 students. For charter schools with a population of 290 501 or more students, the difference between the total 291 administrative fee calculation and the amount of the 292 administrative fee withheld may only be used for capital outlay 293 purposes specified in s. 1013.62(2).Each charter school shall294receive 100 percent of the funds awarded to that school pursuant295to s.1012.225.Sponsors shall not charge charter schools any 296 additional fees or surcharges for administrative and educational 297 services in addition to the maximum 5-percent administrative fee 298 withheld pursuant to this paragraph. 299 (26) FUNDING AND COMPLIANCE.— 300 (a) Effective with the beginning of the 2011-2012 year, and 301 each year thereafter, the Commissioner of Education shall 302 calculate and distribute funds from the Performance Fund for 303 Instructional Personnel and School-Based Administrators in s. 304 1011.626 to charter schools in the same manner as for school 305 districts. Charter schools must meet the requirements in s. 306 1011.626(5). 307 (b) By September 15 of each year, each charter school 308 governing board shall certify to the Commissioner of Education 309 that its school meets the requirements in paragraph (16)(c). The 310 commissioner shall verify compliance with paragraph (16)(c) by 311 selecting a sample of charter schools each year to provide 312 information to determine compliance. On or before October 1 of 313 each year, a selected charter school must submit the requested 314 information to the commissioner. On or before December 15 of 315 each year, the commissioner shall complete a review of each 316 selected charter school for that school year, determine 317 compliance with paragraph (16)(c), and notify each charter 318 school governing board and sponsor if the charter school is not 319 in compliance with paragraph (16)(c). The commissioner shall 320 certify the charter schools that do not comply with paragraph 321 (16)(c) to the Governor, the President of the Senate, and the 322 Speaker of the House of Representative on or before February 15 323 of each year. Each certified charter school shall receive a 324 funding adjustment of state funds equivalent to 5 percent of the 325 total Florida Education Finance Program funds provided in the 326 General Appropriations Act for the charter school. Such funding 327 adjustment shall be implemented through the withholding of funds 328 to which the charter school is entitled. 329 Section 4. Subsection (10) of section 1003.52, Florida 330 Statutes, is amended to read: 331 1003.52 Educational services in Department of Juvenile 332 Justice programs.— 333 (10) The district school board shall recruit and train 334 teachers who are interested, qualified, or experienced in 335 educating students in juvenile justice programs. Students in 336 juvenile justice programs shall be provided a wide range of 337 educational programs and opportunities including textbooks, 338 technology, instructional support, and other resources available 339 to students in public schools. Teachers assigned to educational 340 programs in juvenile justice settings in which the district 341 school board operates the educational program shall be selected 342 by the district school board in consultation with the director 343 of the juvenile justice facility. Educational programs in 344 juvenile justice facilities shall have access to the substitute 345 teacher pool utilized by the district school board. Full-time 346 teachers working in juvenile justice schools, whether employed 347 by a district school board or a provider, shall be eligible for 348the critical teacher shortage tuition reimbursement program as349defined by s.1009.58and otherteacher recruitment and 350 retention programs. 351 Section 5. Section 1003.62, Florida Statutes, is repealed. 352 Section 6. Paragraph (h) of subsection (2) of section 353 1003.621, Florida Statutes, is amended to read: 354 1003.621 Academically high-performing school districts.—It 355 is the intent of the Legislature to recognize and reward school 356 districts that demonstrate the ability to consistently maintain 357 or improve their high-performing status. The purpose of this 358 section is to provide high-performing school districts with 359 flexibility in meeting the specific requirements in statute and 360 rules of the State Board of Education. 361 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 362 high-performing school district shall comply with all of the 363 provisions in chapters 1000-1013, and rules of the State Board 364 of Education which implement these provisions, pertaining to the 365 following: 366 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to 367 differentiated pay and performance-pay policies for school 368 administrators and instructional personnel, and s. 1012.34, 369 relating to appraisal procedures and criteria. Professional 370 service contracts are subject to the provisions of s.ss.371 1012.33and1012.34. Contracts with classroom teachers hired on 372 or after July 1, 2010, are subject to s. 1012.335. 373 Section 7. Section 1003.63, Florida Statutes, is repealed. 374 Section 8. Paragraph (b) of subsection (4) and subsections 375 (5) and (6) of section 1004.04, Florida Statutes, are amended to 376 read: 377 1004.04 Public accountability and state approval for 378 teacher preparation programs.— 379 (4) INITIAL STATE PROGRAM APPROVAL.— 380 (b) Each teacher preparation program approved by the 381 Department of Education, as provided for by this section, shall 382 require students to meet the following as prerequisites for 383 admission into the program: 384 1. Have a grade point average of at least 2.5 on a 4.0 385 scale for the general education component of undergraduate 386 studies or have completed the requirements for a baccalaureate 387 degree with a minimum grade point average of 2.5 on a 4.0 scale 388 from any college or university accredited by a regional 389 accrediting association as defined by State Board of Education 390 rule or any college or university otherwise approved pursuant to 391 State Board of Education rule. 392 2. Demonstrate mastery of general knowledge, including the 393 ability to read, write, and compute, by passing the General 394 Knowledge Test of the Florida Teacher Certification Examination, 395 the College Level Academic Skills Test, a corresponding 396 component of the National Teachers Examination series, or a 397 similar test pursuant to rules of the State Board of Education. 398 399Each teacher preparation program may waive these admissions400requirements for up to 10 percent of the students admitted.401Programs shall implement strategies to ensure that students402admitted under a waiver receive assistance to demonstrate403competencies to successfully meet requirements for404certification.405 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection 406 (4), failure by a public or nonpublic teacher preparation 407 program to meet the criteria for continued program approval 408 shall result in loss of program approval. The Department of 409 Education, in collaboration with the departments and colleges of 410 education, shall develop procedures for continued program 411 approval that document the continuous improvement of program 412 processes and graduates’ performance. 413 (a) Continued approval of specific teacher preparation 414 programs at each public and nonpublic postsecondary educational 415 institution within the state is contingent upon a determination 416 by the Department of Education of student learning gains, as 417 measured by state assessments required under s. 1008.22. 418 (b)(a)Continued approval of specific teacher preparation 419 programs at each public and nonpublic postsecondary educational 420 institution within the state is contingent upon the passing of 421 the written examination required by s. 1012.56 by at least 90 422 percent of the graduates of the program who take the 423 examination. The Department of Education shall annually provide 424 an analysis of the performance of the graduates of such 425 institution with respect to the competencies assessed by the 426 examination required by s. 1012.56. 427 (c)(b)Additional criteria for continued program approval 428 for public institutions may be approved by the State Board of 429 Education. Such criteria must emphasize instruction in classroom 430 management and must provide for the evaluation of the teacher 431 candidates’ performance in this area. The criteria shall also 432 require instruction in working with underachieving students. 433 Program evaluation procedures must include, but are not limited 434 to, program graduates’ satisfaction with instruction and the 435 program’s responsiveness to local school districts. Additional 436 criteria for continued program approval for nonpublic 437 institutions shall be developed in the same manner as for public 438 institutions; however, such criteria must be based upon 439 significant, objective, and quantifiable graduate performance 440 measures. Responsibility for collecting data on outcome measures 441 through survey instruments and other appropriate means shall be 442 shared by the postsecondary educational institutions and the 443 Department of Education. By January 1 of each year, the 444 Department of Education shall report this information for each 445 postsecondary educational institution that has state-approved 446 programs of teacher education to the Governor, the State Board 447 of Education, the Board of Governors, the Commissioner of 448 Education, the President of the Senate, the Speaker of the House 449 of Representatives, all Florida postsecondary teacher 450 preparation programs, and interested members of the public. This 451 report must analyze the data and make recommendations for 452 improving teacher preparation programs in the state. 453 (d)(c)Continued approval for a teacher preparation program 454 is contingent upon the results of periodic reviews, on a 455 schedule established by the State Board of Education, of the 456 program conducted by the postsecondary educational institution, 457 using procedures and criteria outlined in an institutional 458 program evaluation plan approved by the Department of Education, 459 which must include the program’s review of and response to the 460 effect of its candidates and graduates on K-12 student learning. 461 This plan must also incorporate and respond to the criteria 462 established in paragraphs(a) and(b) and (c) and include 463 provisions for involving primary stakeholders, such as program 464 graduates, district school personnel, classroom teachers, 465 principals, community agencies, and business representatives in 466 the evaluation process. Upon request by an institution, the 467 department shall provide assistance in developing, enhancing, or 468 reviewing the institutional program evaluation plan and training 469 evaluation team members. 470 (e)(d)Continued approval for a teacher preparation program 471 is contingent upon standards being in place that are designed to 472 adequately prepare elementary, middle, and high school teachers 473 to instruct their students in reading and higher-level 474 mathematics concepts and in the use of technology at the 475 appropriate grade level. 476 (f)(e)Continued approval of teacher preparation programs 477 is contingent upon compliance with the student admission 478 requirements of subsection (4)and upon the receipt of at least479a satisfactory rating from public schools and private schools480that employ graduates of the program. Each teacher preparation 481 program shall guarantee the high quality of its graduates during 482 the first 2 years immediately following graduation from the 483 program or following the graduate’s initial certification, 484 whichever occurs first. Any educator in a Florida school who 485 fails to demonstrate student learning gainsthe essential skills486 as specified in paragraph (a)subparagraphs 1.-5.shall be 487 provided additional training by the teacher preparation program 488 at no expense to the educator or the employer. Such training 489 must consist of an individualized plan agreed upon by the school 490 district and the postsecondary educational institution that 491 includes specific learning outcomes. The postsecondary 492 educational institution assumes no responsibility for the 493 educator’s employment contract with the employer.Employer494satisfaction shall be determined by an annually administered495survey instrument approved by the Department of Education that,496at a minimum, must include employer satisfaction of the497graduates’ ability to do the following:4981. Write and speak in a logical and understandable style499with appropriate grammar.5002. Recognize signs of students’ difficulty with the reading501and computational process and apply appropriate measures to502improve students’ reading and computational performance.5033. Use and integrate appropriate technology in teaching and504learning processes.5054. Demonstrate knowledge and understanding of Sunshine506State Standards.5075. Maintain an orderly and disciplined classroom conducive508to student learning.509 (g)(f)1. Each Florida public and private institution that 510 offers a state-approved teacher preparation program must 511 annually report information regarding these programs to the 512 state and the general public. This information shall be reported 513 in a uniform and comprehensible manner that is consistent with 514 definitions and methods approved by the Commissioner of the 515 National Center for Educational Statistics and that is approved 516 by the State Board of Education. This information must include, 517 at a minimum: 518 a. The percent of graduates obtaining full-time teaching 519 employment within the first year of graduation. 520 b. The average length of stay of graduates in their full 521 time teaching positions. 522 c. The percentage of graduates whose students achieved 523 learning gains, as specified in paragraph (a). For purposes of 524 this paragraph, the information shall include the percentage of 525 the students taught per graduate who achieved learning gains. 526Satisfaction ratings required in paragraph (e).527 2. Each public and private institution offering training 528 for school readiness related professions, including training in 529 the fields of child care and early childhood education, whether 530 offering career credit, associate in applied science degree 531 programs, associate in science degree programs, or associate in 532 arts degree programs, shall annually report information 533 regarding these programs to the state and the general public in 534 a uniform and comprehensible manner that conforms with 535 definitions and methods approved by the State Board of 536 Education. This information must include, at a minimum: 537 a. Average length of stay of graduates in their teaching 538 positions. 539 b. The percent of graduates obtaining full-time teaching 540 employment within the first year of graduation.Satisfaction541ratings of graduates’ employers.542 543 This information shall be reported through publications, 544 including college and university catalogs and promotional 545 materials sent to potential applicants, secondary school 546 guidance counselors, and prospective employers of the 547 institution’s program graduates. 548 (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary 549 instructors, school district personnel and instructional 550 personnel, and school sites preparing instructional personnel 551 through preservice field experience courses and internships 552 shall meet special requirements. District school boards are 553 authorized to pay student teachers during their internships. 554 (a) All instructors in postsecondary teacher preparation 555 programs who instruct or supervise preservice field experiences, 556 preserviceexperiencecourses, or internships shall have at 557 least one of the following: specialized training in clinical 558 supervision; a valid professional teaching certificate issued 559 underpursuant toss. 1012.56 and 1012.585; or at least 3 years 560 of successful teaching experience in prekindergarten through 561 grade 12. 562 (b) All school district personnel and instructional 563 personnel who supervise or direct teacher preparation students 564 during field experience courses or internships must have 565 evidence of “clinical educator” training and must successfully 566 demonstrate effective classroom management strategies that 567 consistently result in improved student performance. The State 568 Board of Education shall approve the training requirements. 569 (c) Preservice field experience programs must provide for 570 continuous student participation in K-12 classroom settings with 571 supervised instruction of K-12 students. All preservice field 572 experience programs must provide specific guidance and 573 demonstration of effective classroom management strategies, 574 strategies for incorporating technology into classroom 575 instruction, strategies for incorporating scientifically 576 researched, knowledge-based reading literacy and computational 577 skills acquisition into classroom instruction, and ways to link 578 instructional plans to the Sunshine State Standards, as 579 appropriate. The length of structured field experiences may be 580 extended to ensure that candidates achieve the competencies 581 needed to meet certification requirements. 582 (d) Postsecondary teacher preparation programs, in 583 consultationcooperationwith district school boards and 584 approved private school associations, shall select the school 585 sites for preservice field experience activities based on the 586 instructional skills of the instructor or supervisor with whom 587 the teaching candidate is placed, as demonstrated by the 588 instructor’s or supervisor’s sustained student learning gains as 589 specified in paragraph (5)(a).These sites must represent the590full spectrum of school communities, including, but not limited591to, schools located in urban settings.In order to be selected, 592 school sites must demonstrate commitment to the education of 593 public school students and to the preparation of future 594 teachers. 595 Section 9. Subsections (11) and (12) of section 1004.04, 596 Florida Statutes, are repealed. 597 Section 10. Paragraph (b) of subsection (3) and subsections 598 (4) and (5) of section 1004.85, Florida Statutes, are amended to 599 read: 600 1004.85 Postsecondary educator preparation institutes.— 601 (3) Educator preparation institutes approved pursuant to 602 this section may offer alternative certification programs 603 specifically designed for noneducation major baccalaureate 604 degree holders to enable program participants to meet the 605 educator certification requirements of s. 1012.56. Such programs 606 shall be competency-based educator certification preparation 607 programs that prepare educators through an alternative route. An 608 educator preparation institute choosing to offer an alternative 609 certification program pursuant to the provisions of this section 610 must implement a program previously approved by the Department 611 of Education for this purpose or a program developed by the 612 institute and approved by the department for this purpose. 613 Approved programs shall be available for use by other approved 614 educator preparation institutes. 615 (b) Each program participant must: 616 1. Meet certification requirements pursuant to s. 617 1012.56(1) and (2) by obtaining a statement of status of 618 eligibility prior to admission into the program which indicates 619 eligibility for a temporary certificate in a teaching subject 620 and meet the requirements of s. 1012.56(2)(a)-(f). 621 2. Participate in field experience that is appropriate to 622 his or her educational plan. 623 3. Demonstrate mastery of general knowledge by one of the 624 options provided in s. 1012.56(3) prior to completion of the 625 program. 626 4.3.Fully demonstrate his or her ability to teach the 627 subject area for which he or she is seeking certification 628 through field experiences and by achievement of a passing score 629 on the corresponding subject area test prior to completion of 630 the program and demonstrate mastery of professional preparation 631 and education competence by achievement of a passing score on 632 the professional education competency examination required by 633 state board rule prior to completion of the program. 634 (4) Each alternative certification programinstitute635 approved pursuant to this section shall submit to the Department 636 of Education annual performance evaluations that measure the 637 effectiveness of the programs, including the pass rates of 638 participants on all examinations required for teacher 639 certification, employment rates, longitudinal retention rates, 640 and a review of the impact that participants who have completed 641 the program have on K-12 student learningand employer642satisfaction surveys.The employer satisfaction surveys must be643designed to measure the sufficient preparation of the educator644to enter the classroom.These evaluations and evidence of 645 student learning gains, as measured by state assessments 646 required under s. 1008.22, shall be used by the Department of 647 Education for purposes of continued approval of an educator 648 preparation institute’s alternative certification program. 649 (5) Instructors for an alternative certification program 650 approved pursuant to this section must meet the requirements of 651 s. 1004.04(6)possess a master’s degree in education or a652master’s degree in an appropriate related field and document653teaching experience. 654 Section 11. Section 1008.222, Florida Statutes, is created 655 to read: 656 1008.222 Development and implementation of end-of-course 657 assessments of certain subject areas and grade levels.— 658 (1) Each school district must develop or acquire a valid 659 and reliable end-of-course assessment for each subject area and 660 grade level not measured by state assessments required under s. 661 1008.22 or by examinations in AP, IB, AICE, or a national 662 industry certification identified in the Industry Certification 663 Funding List pursuant to rules adopted by the State Board of 664 Education. The content, knowledge, and skills assessed by end 665 of-course assessments for each school district must be aligned 666 to the core curricular content established in the Sunshine State 667 Standards. 668 (2)(a) Beginning with the 2013-2014 school year, each 669 school district must require that each school in the district 670 administer the district’s standard assessment for each subject 671 area or grade level, as described in subsection (1). 672 (b) Each district school superintendent must ensure that 673 teachers who provide instruction in the same subject or grade 674 level administer the same end-of-course assessment, as described 675 in subsection (1). Each school district must adopt policies to 676 ensure standardized administration and security of the 677 assessments. 678 (c) Each district school superintendent is responsible for 679 implementing standardized assessment security and 680 administration, the reporting of assessment results, and using 681 assessment results to comply with provisions of ss. 682 1012.22(1)(c) and 1012.34. The district school superintendent 683 shall certify to the Commissioner of Education that the security 684 of a standardized assessment required under this section is 685 maintained. If a district school superintendent’s certification 686 is determined to be invalid through an audit by the Auditor 687 General or an investigation by the Department of Education, the 688 superintendent is subject to suspension and removal on the 689 grounds of misfeasance pursuant to s. 7, Art. IV of the State 690 Constitution. 691 (d) The Commissioner of Education shall identify methods to 692 assist and support districts in the development and acquisition 693 of assessments required under this section. Methods may include 694 the development of item banks, facilitation of the sharing of 695 developed tests among districts, and technical assistance in 696 best professional practices of test development based on state 697 adopted curriculum standards, administration, and security. 698 Section 12. Paragraph (a) of subsection (1) of section 699 1009.40, Florida Statutes, is amended to read: 700 1009.40 General requirements for student eligibility for 701 state financial aid awards and tuition assistance grants.— 702 (1)(a) The general requirements for eligibility of students 703 for state financial aid awards and tuition assistance grants 704 consist of the following: 705 1. Achievement of the academic requirements of and 706 acceptance at a state university or community college; a nursing 707 diploma school approved by the Florida Board of Nursing; a 708 Florida college, university, or community college which is 709 accredited by an accrediting agency recognized by the State 710 Board of Education; any Florida institution the credits of which 711 are acceptable for transfer to state universities; any career 712 center; or any private career institution accredited by an 713 accrediting agency recognized by the State Board of Education. 714 2. Residency in this state for no less than 1 year 715 preceding the award of aid or a tuition assistance grant for a 716 program established pursuant to s. 1009.50, s. 1009.505, s. 717 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 1009.56,s.7181009.57,s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 719 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. 720 Residency in this state must be for purposes other than to 721 obtain an education. Resident status for purposes of receiving 722 state financial aid awards shall be determined in the same 723 manner as resident status for tuition purposes pursuant to s. 724 1009.21. 725 3. Submission of certification attesting to the accuracy, 726 completeness, and correctness of information provided to 727 demonstrate a student’s eligibility to receive state financial 728 aid awards or tuition assistance grants. Falsification of such 729 information shall result in the denial of any pending 730 application and revocation of any award or grant currently held 731 to the extent that no further payments shall be made. 732 Additionally, students who knowingly make false statements in 733 order to receive state financial aid awards or tuition 734 assistance grants commit a misdemeanor of the second degree 735 subject to the provisions of s. 837.06 and shall be required to 736 return all state financial aid awards or tuition assistance 737 grants wrongfully obtained. 738 Section 13. Section 1009.54, Florida Statutes, is repealed. 739 Section 14. Section 1009.57, Florida Statutes, is repealed. 740 Section 15. Section 1009.58, Florida Statutes, is repealed. 741 Section 16. Section 1009.59, Florida Statutes, is repealed. 742 Section 17. Paragraph (c) of subsection (2) of section 743 1009.94, Florida Statutes, is amended to read: 744 1009.94 Student financial assistance database.— 745 (2) For purposes of this section, financial assistance 746 includes: 747 (c) Any financial assistance provided under s. 1009.50, s. 748 1009.505, s. 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 749 1009.55, s. 1009.56,s.1009.57,s. 1009.60, s. 1009.62, s. 750 1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 751 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. 752 Section 18. Section 1011.626, Florida Statutes, is created 753 to read: 754 1011.626 Performance Fund for Instructional Personnel and 755 School-Based Administrators.— 756 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 757 to ensure that every student has a high-quality teacher in his 758 or her classroom. The Legislature intends, therefore, to hold 759 school districts accountable for demonstrably increasing student 760 achievement. 761 (2) FINDINGS.—The Legislature finds that: 762 (a) Quality classroom teachers and school-based 763 administrators are the single greatest indicators of student 764 achievement. 765 (b) A school district that fails to reward quality 766 classroom teachers or school-based administrators on the 767 performance of their students, and instead rewards these 768 individuals, in whole or in part, based on the number of years 769 worked or degrees held, has violated s. 1012.22(1)(c). A school 770 district’s failure to comply with s. 1012.22(1)(c) fails to 771 maximize student learning by not providing the appropriate 772 incentives to attract and retain quality classroom teachers and 773 school-based administrators. As a result, students are penalized 774 for the acts or omissions of district school boards or district 775 school superintendents. 776 (c) A school district that fails to adopt and implement 777 end-of-course assessments that comply with s. 1008.222 778 frustrates the purpose of ensuring that each student has a high 779 quality teacher in his or her classroom by preventing the 780 determination of the quality of a classroom teacher’s or school 781 based administrator’s performance. 782 (d) A school district that fails to comply with s. 1012.335 783 frustrates the purpose of ensuring that each student has a high 784 quality teacher in his or her classroom by preventing the school 785 district from promptly removing a poor-performing classroom 786 teacher from the classroom and employment. 787 (3) PERFORMANCE FUND.—Effective with the beginning of the 788 2011-2012 year and each year thereafter, the Performance Fund 789 for Instructional Personnel and School-Based Administrators is 790 established. 791 (4) CALCULATION OF THE FUND.—The Commissioner of Education 792 shall calculate for the second calculation for each district and 793 charter school an amount of state funds equivalent to 5 percent 794 of the total state, local, and federal funding determined by the 795 Florida Education Finance Program under ss. 1011.62, 1011.685, 796 and 1011.71(1) and (3). Such funds shall be designated as each 797 district’s and charter school’s annual Performance Fund for 798 Instructional Personnel and School-Based Administrators. 799 (5) DISTRIBUTION OF THE FUND.— 800 (a) The commissioner shall distribute these funds in 801 accordance with the provisions of s. 1011.62(12) to a district 802 for the implementation of a salary schedule adopted by the 803 district school board pursuant to s. 1012.22, implementation of 804 a performance appraisal system pursuant to s. 1012.34, and the 805 development of end-of-course assessments pursuant to s. 806 1008.222. The funds may not be used to increase the base 807 salaries or salary adjustments of employees rated as 808 unsatisfactory or needs improvement pursuant to s. 1012.34. 809 (b) If funds remain in a district’s Performance Fund for 810 Instructional Personnel and School-Based Administrators after 811 the end-of-course assessments in s. 1008.222, performance 812 appraisal system requirements in s. 1012.34, and salary schedule 813 requirements in s. 1012.22 have been met, the balance may be 814 used by the district for the same purpose as funds provided 815 pursuant to s. 1011.62(1)(t). Any funds remaining in a 816 district’s fund at the end of the state fiscal year shall revert 817 to the fund from which they were appropriated. 818 (c) A salary increase awarded from these funds shall be 819 awarded in addition to any general increase or other adjustments 820 to salaries which are made by a school district. An employee’s 821 eligibility for or receipt of a salary increase shall not 822 adversely affect that employee’s opportunity to qualify for or 823 to receive any other compensation that is made generally 824 available to other similarly situated district school board 825 employees. 826 (d) Each district shall annually set aside sufficient 827 federal grant funds to ensure that the policies described in 828 this section are equally applied to eligible individuals paid 829 from federal grants. 830 (6) REVIEW.— 831 (a) Beginning with the 2014-2015 fiscal year and each 832 fiscal year thereafter, each district school board must submit 833 the district-adopted salary schedule for the school year and 834 supporting documentation to the commissioner for review on or 835 before October 1 of each year. On or before December 15 of each 836 year, the commissioner shall complete a review of each salary 837 schedule submitted for that school year, determine compliance 838 with s. 1012.22(1)(c), and notify a district school board if the 839 district salary schedule fails to meet the requirements in s. 840 1012.22(1)(c). The commissioner shall certify those school 841 districts that do not comply with s. 1012.22(1)(c) to the 842 Governor, the President of the Senate, and the Speaker of the 843 House of Representatives on or before February 15 of each year. 844 (b) Beginning with the 2013-2014 fiscal year and 845 thereafter, the commissioner shall select a sampling of school 846 district end-of-course assessments from multiple districts, and 847 school districts must submit for review the requested 848 assessments and supporting documentation on or before October 1 849 of each year. A school district that fails to provide the 850 requested assessment to the commissioner on or before October 1 851 of each year is in violation of s. 1008.222. On or before 852 December 15 of each year, the commissioner shall complete a 853 review of each selected assessment, determine compliance with s. 854 1008.222, and notify a district school board if the selected 855 assessment fails to meet the requirements in s. 1008.222. The 856 commissioner shall certify those school districts that do not 857 comply with s. 1008.222 to the Governor, the President of the 858 Senate, and the Speaker of the House of Representatives on or 859 before February 15 of each year. 860 (c) In the financial audit of each school district, 861 performed by either the Auditor General or an independent 862 certified public accountant in accordance with s. 218.39, the 863 auditor shall review a sample of classroom teacher contracts and 864 determine compliance with s. 1012.335. The sample shall be 865 selected in accordance with guidelines established by the 866 American Institute of Certified Public Accountants. The auditor 867 shall document violations of s. 1012.335 and provide the 868 documentation to the Commissioner of Education on or before 869 October 1 of each year following the audit. On or before 870 December 15 of each year, the commissioner shall notify the 871 Governor, the President of the Senate, the Speaker of the House 872 of Representatives, and each school district identified in the 873 audit that has not complied with s. 1012.335. 874 (7) FUNDING ADJUSTMENT.—A school district that is certified 875 by the commissioner as not in compliance with the law as 876 described in paragraph (6)(a), paragraph (6)(b), or paragraph 877 (6)(c) shall receive a funding adjustment equal to the amount 878 calculated in subsection (4). Such funding adjustment shall be 879 implemented through the withholding of undistributed funds to 880 which the district is otherwise entitled. To the extent a 881 district’s undistributed funds are insufficient to fully satisfy 882 the funding adjustment, the unsatisfied balance shall be 883 withheld from the district’s operating funds for the subsequent 884 fiscal year in the form of a prior year adjustment. 885 (8) RULEMAKING.—The State Board of Education shall adopt 886 rules pursuant to ss. 120.536(1) and 120.54 to implement this 887 section. Such rules shall include the documentation requirements 888 for districts, processes and criteria used for determining 889 whether the salary schedule, performance appraisal system, and 890 end-of-course assessments comply with this section, and the 891 reporting and monitoring processes that will be used to ensure 892 compliance with the use of funds distributed under paragraph 893 (5)(a). 894 Section 19. Subsection (2) of section 1011.69, Florida 895 Statutes, is amended to read: 896 1011.69 Equity in School-Level Funding Act.— 897 (2) Beginning in the 2003-2004 fiscal year, district school 898 boards shall allocate to schools within the district an average 899 of 90 percent of the funds generated by all schools and 900 guarantee that each school receives at least 80 percent of the 901 funds generated by that school based upon the Florida Education 902 Finance Program as provided in s. 1011.62 and the General 903 Appropriations Act, including gross state and local funds, 904 discretionary lottery funds, and funds from the school 905 district’s current operating discretionary millage levy. Total 906 funding for each school shall be recalculated during the year to 907 reflect the revised calculations under the Florida Education 908 Finance Program by the state and the actual weighted full-time 909 equivalent students reported by the school during the full-time 910 equivalent student survey periods designated by the Commissioner 911 of Education. If the district school board is providing programs 912 or services to students funded by federal funds, any eligible 913 students enrolled in the schools in the district shall be 914 provided federal funds.Only academic performance-based charter915school districts, pursuant to s.1003.62, are exempt from the916provisions of this section.917 Section 20. Subsection (4) of section 1012.05, Florida 918 Statutes, is amended to read: 919 1012.05 Teacher recruitment and retention.— 920 (4) The Department of Education, in cooperation with 921 district personnel offices, mayshallsponsor virtual job fairs 922a job fair in a central part of the stateto match high-quality, 923 in-stateeducators and potential educatorsand out-of-state 924 educators and potential educators with teaching opportunities in 925 this state. The Department of Education is authorized to collect 926 a job fair registration fee not to exceed$20 per person and a927booth fee not to exceed$250 per school district or other 928 interested participating organization. The revenue from the fees 929 shall be used to promote and operate the job fair. Funds may be 930 used to purchase promotional itemssuch as mementos, awards, and931plaques. 932 Section 21. Section 1012.07, Florida Statutes, is amended 933 to read: 934 1012.07 Identification of critical teacher shortage areas.— 935(1)As used in ss.1009.57,1009.58, and1009.59,The term 936 “critical teacher shortage area” means high-need content areas 937applies tomathematics, science, career education,and high 938 priorityhigh prioritylocation areas identified by.the State 939 Board of Educationmay identify career education programs having940critical teacher shortages. The State Board of Education shall 941 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 942 annually identifyothercritical teacher shortage areasand high943priority location areas. The state board mustshallalso944 consider current and emerging educational requirements and 945 workforce demandsteacher characteristics such as ethnic946background, race, and sexin determining critical teacher 947 shortage areas. School grade levels may also be designated 948 critical teacher shortage areas. Individual district school 949 boards may identify and submit other critical teacher shortage 950 areas. Such submissionsshortagesmust be aligned to current and 951 emerging educational requirements and workforce demands in order 952 to becertified to andapproved by the State Board of Education. 953 High-priorityHigh prioritylocation areas shall be in high 954 density, low-economic urban schools,andlow-density, low 955 economic rural schools, and schools identified as lowest 956 performing under s. 1008.33(4)(b)shall include schools which957meet criteria which include, but are not limited to, the958percentage of free lunches, the percentage of students under959Chapter I of the Education Consolidation and Improvement Act of9601981, and the faculty attrition rate. 961(2) This section shall be implemented only to the extent as962specifically funded and authorized by law.963 Section 22. Effective July 1, 2014, paragraph (c) of 964 subsection (1) of section 1012.22, Florida Statutes, is amended 965 to read: 966 1012.22 Public school personnel; powers and duties of the 967 district school board.—The district school board shall: 968 (1) Designate positions to be filled, prescribe 969 qualifications for those positions, and provide for the 970 appointment, compensation, promotion, suspension, and dismissal 971 of employees as follows, subject to the requirements of this 972 chapter: 973 (c) Compensation and salary schedules.— 974 1.a. As provided in this paragraph, the district school 975 board shall adopt a salary schedule that compensates employees 976 based on their performance.The district school board shall977adopt a salary schedule or salary schedules designed to furnish978incentives for improvement in training and for continued979efficient service to be used as a basis for paying all school980employees and fix and authorize the compensation of school981employees on the basis thereof.982 b.2. A district school board, in determining the salary 983 adjustmentsschedulefor instructional personnel and school 984 based administrators, must basea portion ofeach employee’s 985 adjustment onlycompensationon performance demonstrated under 986 s. 1012.34, must consider the prior teaching experience of a987person who has been designated state teacher of the year by any988state in the United States, and must consider prior professional989experience in the field of education gained in positions in990addition to district level instructional and administrative991positions. 992 c.3. In developing the salary schedule, the district school 993 board shall seek input from parents, teachers, and 994 representatives of the business community. 995 2.4. Beginning with the 2007-2008 academic year,Each 996 district school board shall adopt a salary adjustment for 997schedule withdifferentiated pay for both instructional 998 personnel and school-based administrators. The salary schedule999is subject to negotiation as provided in chapter 447 and must1000allow differentiated paybased on the following: 1001 a. Assignment to a school in a high-priority location area, 1002 as defined in State Board of Education rule, with continued 1003 differentiated pay contingent upon documentation of performance 1004 under s. 1012.34; 1005 b. Certification and teaching in critical teacher shortage 1006 areas, as defined in State Board of Education rule, with 1007 continued differentiated pay contingent upon documentation of 1008 performance under s. 1012.34; and 1009 c. Assignment of additional academic responsibilities, with 1010 continued differentiated pay contingent upon documentation of 1011 performance under s. 1012.34. 1012 3. A district school board shall adopt a salary schedule 1013 for beginning and renewing teachers as follows: 1014 a. A beginning teacher. For purposes of this sub 1015 subparagraph, the term “beginning teacher” is a classroom 1016 teacher as defined in s. 1012.01(2)(a) who has no prior K-12 1017 teaching experience. 1018 b. A teacher who holds a valid professional standard 1019 certificate issued by another state and who is hired by the 1020 district school board. 1021 c. A teacher who holds a valid professional certificate 1022 issued pursuant to s. 1012.56, who has not taught in the 1023 classroom at any time during the previous certification period, 1024 and who is hired by the district school board. 1025 4. The salary schedule in subparagraph 3. shall be in 1026 effect only for the first year that the teacher provides 1027 instruction in a Florida K-12 classroom. A district school board 1028 may not use length of service or degrees held as a factor in 1029 setting a salary scheduledistrict-determined factors,1030including, but not limited to, additional responsibilities,1031school demographics, critical shortage areas, and level of job1032performance difficulties. 1033 Section 23. Section 1012.225, Florida Statutes, is 1034 repealed. 1035 Section 24. Section 1012.2251, Florida Statutes, is 1036 repealed. 1037 Section 25. Subsection (5) of section 1012.33, Florida 1038 Statutes, is amended to read: 1039 1012.33 Contracts with instructional staff, supervisors, 1040 and school principals.— 1041 (5) Should a district school board have to choose from 1042 among its personnel who are on continuing contracts or 1043 professional service contracts as to which should be retained, 1044 such decisions shall be based primarily upon the employee’s 1045 performance as provided in s. 1012.34made pursuant to the terms1046of a collectively bargained agreement, when one exists. If no1047such agreement exists, the district school board shall prescribe1048rules to handle reductions in workforce. 1049 Section 26. Section 1012.335, Florida Statutes, is created 1050 to read: 1051 1012.335 Contracts with classroom teachers hired on or 1052 after July 1, 2010.— 1053 (1) DEFINITIONS.—As used in this section, the term: 1054 (a) “Annual contract” means a contract for a period of no 1055 longer than 1 school year in which the district school board may 1056 choose to renew or not renew without cause. 1057 (b) “Classroom teacher” means a classroom teacher as 1058 defined in s. 1012.01(2)(a), excluding substitute teachers. 1059 (c) “Probationary contract” means a contract for a period 1060 of no longer than 1 school year during which a classroom teacher 1061 may be dismissed without cause or may resign from the 1062 contractual position without breach of contract. 1063 (2) EMPLOYMENT.— 1064 (a) Beginning July 1, 2010, each person newly hired as a 1065 classroom teacher by a school district shall receive a 1066 probationary contract. 1067 (b) A classroom teacher may receive up to four annual 1068 contracts in a school district in this state if the teacher: 1069 1. Holds a professional certificate as prescribed by s. 1070 1012.56 and in the rules of the State Board of Education; and 1071 2. Has been recommended by the district school 1072 superintendent for the annual contract and approved by the 1073 district school board. 1074 (c) A classroom teacher may not receive an annual contract 1075 for the 6th year of teaching and thereafter unless the classroom 1076 teacher: 1077 1. Holds a professional certificate as prescribed by s. 1078 1012.56 and in the rules of the State Board of Education; 1079 2. Has been recommended by the district school 1080 superintendent for the annual contract and approved by the 1081 district school board; and 1082 3. Has received an effective or highly effective 1083 designation on his or her appraisal pursuant to s. 1012.34 in at 1084 least 2 of the 3 preceding years for each year an annual 1085 contract is sought. 1086 (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL 1087 CONTRACT.—A classroom teacher who has an annual contract may be 1088 suspended or dismissed at any time during the term of the 1089 contract for just cause as provided in subsection (4). The 1090 district school board must notify a classroom teacher in writing 1091 whenever charges are made against the classroom teacher, and the 1092 district school board may suspend him or her without pay. 1093 However, if the charges are not sustained, the classroom teacher 1094 shall be immediately reinstated and his or her back pay shall be 1095 paid. 1096 (4) JUST CAUSE.—The State Board of Education shall adopt 1097 rules to define the term “just cause.” Just cause includes, but 1098 is not limited to: 1099 (a) Immorality. 1100 (b) Misconduct in office. 1101 (c) Incompetency. 1102 (d) Gross insubordination. 1103 (e) Willful neglect of duty. 1104 (f) Being convicted or found guilty of, or entering a plea 1105 of guilty to, regardless of adjudication of guilt, any crime 1106 involving moral turpitude. 1107 (g) Poor performance as demonstrated by a lack of student 1108 learning gains, as specified in s. 1012.34. 1109 Section 27. Section 1012.34, Florida Statutes, is amended 1110 to read: 1111 1012.34 AppraisalAssessmentprocedures and criteria.— 1112 (1) For the purpose of increasing student achievement by 1113 improving the quality of instructional, administrative, and 1114 supervisory services in the public schools of the state, the 1115 district school superintendent shall establish procedures for 1116 evaluatingassessingthe performance of duties and 1117 responsibilities of all instructional, administrative, and 1118 supervisory personnel employed by the school district. The 1119 Department of Education must approve each district’s 1120 instructional personnel appraisalassessmentsystem and 1121 appraisal instruments. The Department of Education must approve 1122 each school-based administrator appraisal system and appraisal 1123 instruments. The department shall collect from each school 1124 district the annual performance ratings of all instructional and 1125 school-based administrative personnel and report the percentage 1126 of each of these employees receiving each rating category by 1127 school and by district to the Governor, the President of the 1128 Senate, and the Speaker of the House of Representatives. 1129 (2) The following conditions must be considered in the 1130 design of the district’s instructional personnel appraisal 1131assessmentsystem: 1132 (a) The system must be designed to support high-quality 1133 instruction and increased academic achievementdistrict and1134school level improvement plans. 1135 (b) The system must provide appropriate appraisal 1136 instruments, procedures, and criteria for continuous quality 1137 improvement of the professional skills of instructional 1138 personnel. 1139 (c) The system must include a mechanism to examine 1140 performance data from multiple sources, which includes giving 1141giveparents an opportunity to provide input into employee 1142 performance appraisalsassessmentswhen appropriate. 1143 (d) In addition to addressing generic teaching 1144 competencies, districts must determine those teaching fields for 1145 which special procedures and criteria will be developed. 1146 (e) Each district school board may establish a peer 1147 assistance process. The plan may provide a mechanism for 1148 assistance of persons who are placed on performance probation as 1149 well as offer assistance to other employees who request it. 1150 (f) EachThedistrict school board shall provide training 1151 programs that are based upon guidelines provided by the 1152 Department of Education to ensure that all individuals with 1153 evaluation responsibilities understand the proper use of the 1154 appraisalassessmentcriteria and procedures. 1155 (g) The system must differentiate among four levels of 1156 performance: unsatisfactory, needs improvement, effective, and 1157 highly effective. The Commissioner of Education shall consult 1158 with performance pay experts and classroom teachers in 1159 developing the performance levels. Beginning with the 2014-2015 1160 school year and thereafter, instructional personnel and school 1161 based administrators may not be rated as effective or highly 1162 effective if their students fail to demonstrate learning gains. 1163 (h) The system must include a process for monitoring the 1164 effective and consistent use of appraisal criteria by 1165 supervisors and administrators and a process for evaluating the 1166 effectiveness of the system itself in improving the level of 1167 instruction and learning in the district’s schools. 1168 (3) The appraisalassessmentprocedure for instructional 1169 personnel and school administrators must beprimarilybased on 1170 the performance of students assigned to their classrooms or 1171 schools, as described in paragraph (a)appropriate.Pursuant to1172this section,A school district’s performance appraisal 1173assessmentis not limited to basing unsatisfactory performance 1174 of instructional personnel and school administrators upon 1175 student performance, but may include other criteria approved to 1176 evaluateassessinstructional personnel and school 1177 administrators’ performance, or any combination of student 1178 performance and other approved criteria. The procedures must 1179 comply with, but are not limited to, the following requirements: 1180 (a) An appraisalassessmentmust be conducted for each 1181 employee at least once a year, except that an appraisal for each 1182 teacher, as described in s. 1012.22(1)(c)3., must be conducted 1183 at least twice a year.The assessment must be based upon sound1184educational principles and contemporary research in effective1185educational practices. The assessment must primarily use data1186and indicators of improvement in student performance assessed1187annually as specified in s.1008.22and may consider results of1188peer reviews in evaluating the employee’s performance. Student1189performance must be measured by state assessments required under1190s.1008.22and by local assessments for subjects and grade1191levels not measured by the state assessment program.The 1192 appraisalassessmentcriteria must include, but are not limited 1193 to, indicators that relate to the following: 1194 1. Performance of students. 1195 a. Beginning with the 2014-2015 school year and thereafter, 1196 for the classroom teacher, the learning gains of students 1197 assigned to the teacher must comprise more than 50 percent of 1198 the determination of the classroom teacher’s performance. 1199 Beginning with the 2014-2015 school year and thereafter, for 1200 instructional personnel, who are not classroom teachers, the 1201 learning gains of students assigned to the school must comprise 1202 more than 50 percent of the determination of the individual’s 1203 performance. A school district may use the learning gains of 1204 students assigned to the classroom teacher for the preceding 3 1205 years, or, for instructional personnel who are not classroom 1206 teachers, the learning gains of students assigned to the school 1207 for the preceding 3 years, to determine the individual’s 1208 performance. For purposes of this sub-subparagraph, “school” 1209 means the school to which the instructional personnel, who is 1210 not a classroom teacher, was assigned for the last 3 years. 1211 Student learning gains are measured by state assessments 1212 required under s. 1008.22, examinations in AP, IB, AICE, or a 1213 national industry certification identified in the Industry 1214 Certification Funding List pursuant to rules adopted by the 1215 State Board of Education, or district assessments for subject 1216 areas and grade levels as required under s. 1008.222. 1217 b. For instructional personnel, more than 50 percent of the 1218 determination of the individual’s performance must be based on 1219 the performance of students assigned to their classrooms or 1220 schools, as appropriate. Student performance must be measured by 1221 state assessments required under s. 1008.22 and by local 1222 assessments for subjects and grade levels not measured by the 1223 state assessment program. This sub-subparagraph expires July 1, 1224 2014. 1225 2. Instructional practice. For instructional personnel, 1226 performance criteria must be based on the Florida Educator 1227 Accomplished Practices adopted by the State Board of Education 1228 by rule, which include: 1229 a. Ability to maintain appropriate discipline. 1230 b.3.Knowledge of subject matter.The district school board1231shall make special provisions for evaluating teachers who are1232assigned to teach out-of-field.1233 c.4.Ability to plan and deliver effective instruction and 1234 the effective use of technology in the classroom. 1235 d.5.Ability to use assessment data and other evidence of 1236 student learning to design and implement differentiated 1237 instructional strategies in order to meet individual student 1238 needs for remediation or accelerationevaluate instructional1239needs. 1240 e.6.Ability to establish and maintain a positive 1241 collaborative relationship with students’ families to increase 1242 student achievement. 1243 f.7.Other professional competencies, responsibilities, and 1244 requirements as established by rules of the State Board of 1245 Education and policies of the district school board. 1246 3. Instructional leadership performance. 1247 a. Beginning with the 2014-2015 school year and thereafter, 1248 for a school-based administrator, the learning gains of students 1249 assigned to the school must comprise more than 50 percent of the 1250 determination of the school-based administrator’s performance. A 1251 school district may use the learning gains of students assigned 1252 to the school for the preceding 3 years to determine the school 1253 based administrator’s performance. For purposes of this sub 1254 subparagraph, “school” means the school to which the 1255 administrator was assigned for the last 3 years. Student 1256 learning gains are measured by state assessments required under 1257 s. 1008.22, examinations in AP, IB, AICE, or a national industry 1258 certification identified in the Industry Certification Funding 1259 List pursuant to rules adopted by the State Board of Education, 1260 or district assessments for subject areas and grade levels as 1261 required under s. 1008.222. 1262 b. For school-based administrators, more than 50 percent of 1263 the determination of the individual’s performance must be based 1264 on the performance of students assigned to their schools. 1265 Student performance must be measured by state assessments 1266 required under s. 1008.22 and by local assessments for subjects 1267 and grade levels not measured by the state assessment program. 1268 This sub-subparagraph expires July 1, 2014. 1269 4. Instructional leadership practice. For a school-based 1270 administrator, performance criteria must be based on the Florida 1271 Principal Leadership Standards adopted by the State Board of 1272 Education under s. 1012.986, which includes the ability to: 1273 a. Manage human, financial, and material resources so as to 1274 maximize the share of resources used for direct instruction, as 1275 opposed to overhead or other purposes; and 1276 b. Recruit and retain high-performing teachers. 1277 (b) All personnel must be fully informed of the criteria 1278 and procedures associated with the appraisalassessmentprocess 1279 before the appraisalassessmenttakes place. 1280 (c) The individual responsible for supervising the employee 1281 must evaluateassessthe employee’s performance. The evaluator 1282 must submit a written report of the appraisalassessmentto the 1283 district school superintendent for the purpose of reviewing the 1284 employee’s contract. The evaluator must submit the written 1285 report to the employee no later than 10 days after the appraisal 1286assessmenttakes place. The evaluator must discuss the written 1287 report of the appraisalassessmentwith the employee. The 1288 employee shall have the right to initiate a written response to 1289 the appraisalassessment, and the response shall become a 1290 permanent attachment to his or her personnel file. 1291 (d) If an employee is not performing his or her duties in a 1292 satisfactory manner, the evaluator shall notify the employee in 1293 writing of such determination. The notice must describe such 1294 unsatisfactory performance and include notice of the following 1295 procedural requirements: 1296 1. Upon delivery of a notice of unsatisfactory performance, 1297 the evaluator must confer with the employee, make 1298 recommendations with respect to specific areas of unsatisfactory 1299 performance, and provide assistance in helping to correct 1300 deficiencies within a prescribed period of time. 1301 2.a. If the employee holds an annual contract as provided 1302 in s. 1012.335, and receives an unsatisfactory performance 1303 appraisal pursuant to the criteria in subparagraph (a)2., the 1304 employee may request a review of the appraisal by the district 1305 school superintendent or his or her designee. The district 1306 school superintendent may review the employee’s appraisal. 1307 b. If the employee holds a professional service contract as 1308 provided in s. 1012.33, the employee shall be placed on 1309 performance probation and governed by the provisions of this 1310 section for 90 calendar days following the receipt of the notice 1311 of unsatisfactory performance to demonstrate corrective action. 1312 School holidays and school vacation periods are not counted when 1313 calculating the 90-calendar-day period. During the 90 calendar 1314 days, the employee who holds a professional service contract 1315 must be evaluated periodically and apprised of progress achieved 1316 and must be provided assistance and inservice training 1317 opportunities to help correct the noted performance 1318 deficiencies. At any time during the 90 calendar days, the 1319 employee who holds a professional service contract may request a 1320 transfer to another appropriate position with a different 1321 supervising administrator; however, a transfer does not extend 1322 the period for correcting performance deficiencies. 1323 c.b.Within 14 days after the close of the 90 calendar 1324 days, the evaluator must evaluateassesswhether the performance 1325 deficiencies have been corrected and forward a recommendation to 1326 the district school superintendent. Within 14 days after 1327 receiving the evaluator’s recommendation, the district school 1328 superintendent must notify the employee who holds a professional 1329 service contract in writing whether the performance deficiencies 1330 have been satisfactorily corrected and whether the district 1331 school superintendent will recommend that the district school 1332 board continue or terminate his or her employment contract. If 1333 the employee wishes to contest the district school 1334 superintendent’s recommendation, the employee must, within 15 1335 days after receipt of the district school superintendent’s 1336 recommendation, submit a written request for a hearing. The 1337 hearing shall be conducted at the district school board’s 1338 election in accordance with one of the following procedures: 1339 (I) A direct hearing conducted by the district school board 1340 within 60 days after receipt of the written appeal. The hearing 1341 shall be conducted in accordance with the provisions of ss. 1342 120.569 and 120.57. A majority vote of the membership of the 1343 district school board shall be required to sustain the district 1344 school superintendent’s recommendation. The determination of the 1345 district school board shall be final as to the sufficiency or 1346 insufficiency of the grounds for termination of employment; or 1347 (II) A hearing conducted by an administrative law judge 1348 assigned by the Division of Administrative Hearings of the 1349 Department of Management Services. The hearing shall be 1350 conducted within 60 days after receipt of the written appeal in 1351 accordance with chapter 120. The recommendation of the 1352 administrative law judge shall be made to the district school 1353 board. A majority vote of the membership of the district school 1354 board shall be required to sustain or change the administrative 1355 law judge’s recommendation. The determination of the district 1356 school board shall be final as to the sufficiency or 1357 insufficiency of the grounds for termination of employment. 1358 (4) The district school superintendent shall notify the 1359 department of any instructional personnel who receive two 1360 consecutive unsatisfactory evaluations and who have been given 1361 written notice by the district that their employment is being 1362 terminated or is not being renewed or that the district school 1363 board intends to terminate, or not renew, their employment. The 1364 department shall conduct an investigation to determine whether 1365 action shall be taken against the certificateholder pursuant to 1366 s. 1012.795(1)(c). 1367 (5) The district school superintendent shall develop a 1368 mechanism for evaluating the effective use of appraisal 1369assessmentcriteria and evaluation procedures by administrators 1370 who are assigned responsibility for evaluating the performance 1371 of instructional personnel. The use of the appraisalassessment1372 and evaluation procedures shall be considered as part of the 1373 annual appraisalassessmentof the administrator’s performance. 1374 The system must include a mechanism to give parents and teachers 1375 an opportunity to provide input into the administrator’s 1376 performance assessment, when appropriate. 1377 (6) Nothing in this section shall be construed to grant a 1378 probationary employee a right to continued employment beyond the 1379 term of his or her contract. 1380 (7) The district school board shall establish a procedure 1381 annually reviewing instructional personnel appraisalassessment1382 systems to determine compliance with this section. All 1383 substantial revisions to an approved system must be reviewed and 1384 approved by the district school board before being used to 1385 evaluateassessinstructional personnel. Upon request by a 1386 school district, the department shall provide assistance in 1387 developing, improving, or reviewing an appraisalassessment1388 system. 1389 (8) The State Board of Education shall adopt rules pursuant 1390 to ss. 120.536(1) and 120.54, that establish uniform guidelines 1391 for the submission, review, and approval of district procedures 1392 for the annual appraisalassessmentof instructional personnel 1393 and school-based administrative personnel and that include the 1394 method of calculating rates of student learning tied to 1395 differentiated levels of performance as provided for in 1396 paragraph (2)(g) and criteria for evaluating professional 1397 performance. 1398 Section 28. Subsection (3) is added to section 1012.42, 1399 Florida Statutes, to read: 1400 1012.42 Teacher teaching out-of-field.— 1401 (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011 1402 school year, a district school board shall not assign any 1403 beginning teacher to teach reading, science, or mathematics if 1404 he or she is not certified in reading, science, or mathematics. 1405 Section 29. Section 1012.52, Florida Statutes, is repealed. 1406 Section 30. Paragraph (c) of subsection (2), subsections 1407 (5), (6), and (7), paragraph (b) of subsection (9), and 1408 subsection (17) of section 1012.56, Florida Statutes, are 1409 amended to read: 1410 1012.56 Educator certification requirements.— 1411 (2) ELIGIBILITY CRITERIA.—To be eligible to seek 1412 certification, a person must: 1413 (c) Document receipt of a bachelor’s or higher degree from 1414 an accredited institution of higher learning, or a nonaccredited 1415 institution of higher learning that the Department of Education 1416 has identified as having a quality program resulting in a 1417 bachelor’s degree, or higher. Each applicant seeking initial 1418 certification must have attained at least a 2.5 overall grade 1419 point average on a 4.0 scale in the applicant’s major field of 1420 study. The applicant may document the required education by 1421 submitting official transcripts from institutions of higher 1422 education or by authorizing the direct submission of such 1423 official transcripts through established electronic network 1424 systems. The bachelor’s or higher degree may not be required in 1425 areas approved in rule by the State Board of Education as 1426 nondegreed areas. The State Board of Education may adopt rules 1427 that, for purposes of demonstrating completion of certification 1428 requirements specified in state board rule, allow for the 1429 acceptance of college course credits recommended by the American 1430 Council on Education (ACE), as posted on an official ACE 1431 transcript. 1432 (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of 1433 demonstrating mastery of subject area knowledge are: 1434 (a) Achievement of passing scores on subject area 1435 examinations required by state board rule, which may include, 1436 but need not be limited to, world languages in Arabic, Chinese, 1437 Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi, 1438 Italian, Japanese, Portuguese, Russian, and Spanish; 1439 (b) Completion of a bachelor’s degree or higher and 1440 verification of the attainment of an oral proficiency interview 1441 score above the intermediate level and a written proficiency 1442 score above the intermediate level on a test administered by the 1443 American Council on the Teaching of Foreign Languages for which 1444 there is no Florida-developed examination; 1445 (c) Completion of the subject area specialization 1446 requirements specified in state board rule and verification of 1447 the attainment of the essential subject matter competencies by 1448 the district school superintendent of the employing school 1449 district or chief administrative officer of the employing state 1450 supported or private school for a subject area for which a 1451 subject area examination has not been developed and required by 1452 state board rule; 1453 (d) Completion of the subject area specialization 1454 requirements specified in state board rule for a subject 1455 coverage requiring a master’s or higher degree and achievement 1456 of a passing score on the subject area examination specified in 1457 state board rule; 1458 (e) A valid professional standard teaching certificate 1459 issued by another state and achievement of a passing score on 1460 the subject area exam specified in State Board of Education rule 1461 or by a full demonstration of mastery of his or her ability to 1462 teach the subject area for which he or she is seeking 1463 certification, as provided by rules of the State Board of 1464 Education; or 1465 (f) A valid certificate issued by the National Board for 1466 Professional Teaching Standards or a national educator 1467 credentialing board approved by the State Board of Education. 1468 1469 School districts are encouraged to provide mechanisms for those 1470 middle school teachers holding only a K-6 teaching certificate 1471 to obtain a subject area coverage for middle grades through 1472 postsecondary coursework or district add-on certification. 1473 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 1474 COMPETENCE.—Acceptable means of demonstrating mastery of 1475 professional preparation and education competence are: 1476 (a) Completion of an approved teacher preparation program 1477 at a postsecondary educational institution within this state and 1478 achievement of a passing score on the professional education 1479 competency examination required by state board rule; 1480 (b) Completion of a teacher preparation program at a 1481 postsecondary educational institution outside Florida and 1482 achievement of a passing score on the professional education 1483 competency examination required by state board rule; 1484 (c) A valid professional standard teaching certificate 1485 issued by another state; 1486 (d) A valid certificate issued by the National Board for 1487 Professional Teaching Standards or a national educator 1488 credentialing board approved by the State Board of Education; 1489 (e) Documentation of two semesters of successful teaching 1490 in a community college, state university, or private college or 1491 university that awards an associate or higher degree and is an 1492 accredited institution or an institution of higher education 1493 identified by the Department of Education as having a quality 1494 program; 1495 (f) Completion of professional preparation courses as 1496 specified in state board rule, successful completion of a 1497 professional education competence demonstration program pursuant 1498 to paragraph (8)(b), and achievement of a passing score on the 1499 professional education competency examination required by state 1500 board rule; 1501 (g) Successful completion of a professional preparation 1502 alternative certification and education competency program, 1503 outlined in paragraph (8)(a);or1504 (h) Successful completion of an alternative certification 1505 program pursuant to s. 1004.85 and achievement of a passing 1506 score on the professional education competency examination 1507 required by rule of the State Board of Education; or.1508 (i) Successful completion of a professional education 1509 training program provided by Teach for America and achievement 1510 of a passing score on the professional education competency 1511 examination required by rule of the State Board of Education. 1512 (7) TYPES AND TERMS OF CERTIFICATION.— 1513 (a) The Department of Education shall issue a professional 1514 certificate for a period not to exceed 5 years to any applicant 1515 who meets all the requirements outlined in subsection (2). 1516 (b) The department shall issue a temporary certificate to 1517 any applicant who meets the following requirements: 1518 1. Completes the requirements outlined in paragraphs 1519 (2)(a)-(f);and1520 2.a. Completes the subject area content requirements 1521 specified in state board rule; or 1522 b. Demonstrates mastery of subject area knowledge pursuant 1523 to subsection (5); and 1524 3. Holds an accredited degree or a degree approved by the 1525 Department of Education at the level required for the subject 1526 area specialization in state board rule. 1527 (c) The department shall issue one nonrenewable 2-year 1528 temporary certificate and one nonrenewable 5-year professional 1529 certificate to a qualified applicant who holds a bachelor’s 1530 degree in the area of speech-language impairment to allow for 1531 completion of a master’s degree program in speech-language 1532 impairment. 1533 1534 Each temporary certificate is valid for 3 school fiscal years 1535 and is nonrenewable. However, the requirement in paragraphs 1536paragraph(2)(g) and (h) must be met within 1 calendar year of 1537 the date of employment under the temporary certificate. 1538 Individuals who are employed under contract at the end of the 1 1539 calendar year time period may continue to be employed through 1540 the end of the school year in which they have been contracted. A 1541 school district shall not employ, or continue the employment of, 1542 an individual in a position for which a temporary certificate is 1543 required beyond this time period if the individual has not met 1544 the requirement of paragraph (2)(g) or paragraph (2)(h). The 1545 State Board of Education shall adopt rules to allow the 1546 department to extend the validity period of a temporary 1547 certificate for 2 years when the requirements for the 1548 professional certificate, not including the requirement in 1549 paragraph (2)(g) or paragraph (2)(h), were not completed due to 1550 the serious illness or injury of the applicant or other 1551 extraordinary extenuating circumstances. The department shall 1552 reissue the temporary certificate for 2 additional years upon 1553 approval by the Commissioner of Education. A written request for 1554 reissuance of the certificate shall be submitted by the district 1555 school superintendent, the governing authority of a university 1556 lab school, the governing authority of a state-supported school, 1557 or the governing authority of a private school. 1558 (9) EXAMINATIONS.— 1559 (b) The State Board of Education shall, by rule, specify 1560 the examination scores that are required for the issuance of a 1561 professional certificate and temporary certificate. Such rules 1562 must define generic subject area and reading instruction 1563 competencies and must establish uniform evaluation guidelines. 1564 The State Board of Education shall review the current subject 1565 area examinations and, if necessary, revise the passing scores 1566 and reading instruction pursuant to s. 1001.215 required for 1567 achieving certification in order to match expectations for 1568 teacher competency in each subject area. 1569 (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE. 1570Beginning with the 2003-2004 school year,The Department of 1571 Education shall conduct a longitudinal study to compare 1572 performance of certificateholders who are employed in Florida 1573 school districts. The study shall comparea sampling of1574 educators who have qualified for a professional certificate 1575since July 1, 2002,based on the following: 1576 (a) Graduation from a state-approved teacher preparation 1577 program. 1578 (b) Completion of a state-approved professional preparation 1579 and education competency program. 1580 (c) A valid standard teaching certificate issued by a state 1581 other than Florida. 1582 1583 The department comparisons shall be made to determine if there 1584 is any significant difference in the performance of these groups 1585 of teachers, as measured by their students’ achievement levels 1586 and learning gains as measured by s. 1008.22. 1587 Section 31. Paragraph (b) of subsection (2) and subsection 1588 (5) of section 1012.585, Florida Statutes, are amended, and 1589 subsection (6) is added to that section, to read: 1590 1012.585 Process for renewal of professional certificates.— 1591 (2) 1592 (b) A teacher with national certification from the National 1593 Board for Professional Teaching Standards is deemed to meet 1594 state renewal requirementsfor the life of the teacher’s1595national certificatein the subject shown on the national 1596 certificate. A complete renewal application and fee shall be 1597 submitted. The Commissioner of Education shall notify teachers 1598 of the renewal application and fee requirements. This paragraph 1599 expires July 1, 2014. 1600 (5) The State Board of Education shall adopt rules to allow 1601 the reinstatement of expired professional certificates. The 1602 department may reinstate an expired professional certificate if 1603 the certificateholder: 1604 (a) Submits an application for reinstatement of the expired 1605 certificate. 1606 (b) Documents completion of 6 college credits during the 5 1607 years immediately preceding reinstatement of the expired 1608 certificate, completion of 120 inservice points, or a 1609 combination thereof, in an area specified in paragraph (3)(a). 1610 (c) Meets the requirements in subsection (6). 1611 (d)(c)During the 5 years immediately preceding 1612 reinstatement of the certificate, achieves a passing score on 1613 the subject area test for each subject to be shown on the 1614 reinstated certificate. 1615 1616 The requirements of this subsection may not be satisfied by 1617 subject area tests or college credits completed for issuance of 1618 the certificate that has expired. 1619 (6) Beginning with the 2014-2015 school year, the 1620 requirements for the renewal of a professional certificate shall 1621 include documentation of effective or highly effective 1622 performance as demonstrated under s. 1012.34 for at least 4 of 1623 the preceding 5 years before the renewal certification is 1624 sought. The State Board of Education shall adopt rules to define 1625 the process for documenting effective performance under this 1626 subsection, including equivalent options for individuals who 1627 have not been evaluated under s. 1012.34. An individual’s 1628 certificate shall expire if the individual is not able to 1629 demonstrate effective performance as required under this 1630 subsection and the rules of the state board. The individual may 1631 apply to reinstate his or her professional certificate under 1632 subsection (5). 1633 Section 32. Section 1012.72, Florida Statutes, is repealed. 1634 Section 33. Subsection (1) of section 1012.79, Florida 1635 Statutes, is amended to read: 1636 1012.79 Education Practices Commission; organization.— 1637 (1) The Education Practices Commission consists of 25 1638 members, including 118teachers; 5 administrators, at least one 1639 of whom mayshallrepresent a private school; 57lay citizens, 1640 35of whom shall be parents of public school students and who 1641 are unrelated to public school employees and 2 of whom shall be 1642 former district school board members; and 45sworn law 1643 enforcement officials, appointed by the State Board of Education 1644 from nominations by the Commissioner of Education and subject to 1645 Senate confirmation. Prior to making nominations, the 1646 commissioner shall consult with teaching associations, parent 1647 organizations, law enforcement agencies, and other involved 1648 associations in the state. In making nominations, the 1649 commissioner shall attempt to achieve equal geographical 1650 representation, as closely as possible. 1651 (a) A teacher member, in order to be qualified for 1652 appointment: 1653 1. Must be certified to teach in the state. 1654 2. Must be a resident of the state. 1655 3. Must have practiced the professionin this statefor at 1656 least 10 years, with at least 5 years of experience in this 1657 state immediately preceding the appointment. 1658 (b) A school administrator member, in order to be qualified 1659 for appointment: 1660 1. Must have an endorsement on the educator certificate in 1661 the area of school administration or supervision. 1662 2. Must be a resident of the state. 1663 3. Must have practiced the profession as an administrator 1664 for at least 5 years immediately preceding the appointment. 1665 (c) The lay members must be residents of the state. 1666 (d) The law enforcement official members must have served 1667 in the profession for at least 5 years immediately preceding 1668 appointment and have background expertise in child safety. 1669 Section 34. Paragraph (h) of subsection (1) of section 1670 1012.795, Florida Statutes, is amended to read: 1671 1012.795 Education Practices Commission; authority to 1672 discipline.— 1673 (1) The Education Practices Commission may suspend the 1674 educator certificate of any person as defined in s. 1012.01(2) 1675 or (3) for up to 5 years, thereby denying that person the right 1676 to teach or otherwise be employed by a district school board or 1677 public school in any capacity requiring direct contact with 1678 students for that period of time, after which the holder may 1679 return to teaching as provided in subsection (4); may revoke the 1680 educator certificate of any person, thereby denying that person 1681 the right to teach or otherwise be employed by a district school 1682 board or public school in any capacity requiring direct contact 1683 with students for up to 10 years, with reinstatement subject to 1684 the provisions of subsection (4); may revoke permanently the 1685 educator certificate of any person thereby denying that person 1686 the right to teach or otherwise be employed by a district school 1687 board or public school in any capacity requiring direct contact 1688 with students; may suspend the educator certificate, upon an 1689 order of the court or notice by the Department of Revenue 1690 relating to the payment of child support; or may impose any 1691 other penalty provided by law, if the person: 1692 (h) Has breached a contract, as provided in s. 1012.33(2) 1693 or s. 1012.335. 1694 Section 35. Review of teacher preparation program funding.— 1695 (1) The Department of Education, in collaboration with the 1696 Board of Governors, shall develop a methodology to determine the 1697 cost-effectiveness of the teacher preparation programs in ss. 1698 1004.04, 1004.85, and 1012.56(8), Florida Statutes. The 1699 methodology for determining program costs must use existing 1700 expenditure data, when available. 1701 (2) On or before December 1, 2011, the Department of 1702 Education shall submit a report to the Governor, the President 1703 of the Senate, and the Speaker of the House of Representatives 1704 which: 1705 (a) Provides a methodology to evaluate the cost 1706 effectiveness of teacher preparation programs based on program 1707 costs, program outcomes of student cohorts such as completion 1708 rates, placement rates in teaching jobs, retention rates in the 1709 classroom, and student achievement and learning gains of 1710 students taught by graduates; 1711 (b) Uses the methodology developed to evaluate the cost 1712 effectiveness of the state’s teacher preparation programs; and 1713 (c) Provides recommendations that would enhance the 1714 Legislature’s ability to consider the program’s productivity 1715 when allocating funds. 1716 (3) The Office of Program Policy Analysis and Government 1717 Accountability shall review the current standards for the 1718 continued approval of teacher preparation programs and make 1719 recommendations to the Legislature on or before January 1, 2012, 1720 for any needed changes. Such recommendations shall include 1721 proposed changes to the allocation of any state funds to teacher 1722 preparation programs and the students enrolled in these 1723 programs. 1724 Section 36. Sections 1008.222, 1011.626, 1012.335, Florida 1725 Statutes, as created by this act, and ss. 1012.22, 1012.33, and 1726 1012.34, Florida Statutes, as amended by this act, do not apply 1727 until July 1, 2016, for each school district that receives a 1728 grant of $75 million or more from a private foundation for the 1729 purpose of improving the effectiveness of teachers within the 1730 school district, unless the grant is terminated by the private 1731 foundation for noncompliance before such date. If a grant is 1732 terminated by the private foundation for noncompliance, the 1733 provisions of ss. 1008.222, 1011.626, and 1012.335, Florida 1734 Statutes, as created by this act, and ss. 1012.22, 1012.33, and 1735 1012.34, Florida Statutes, as amended by this act, shall apply 1736 to the school district beginning with July 1 of the following 1737 school year. 1738 Section 37. If any provision of this act or its application 1739 to any person or circumstance is held invalid, the invalidity 1740 does not affect other provisions or applications of the act 1741 which can be given effect without the invalid provision or 1742 application, and to this end the provisions of this act are 1743 severable. 1744 Section 38. The amendments to ss. 1012.22 and 1012.33, 1745 Florida Statutes, shall apply to contracts newly entered into, 1746 extended, or readopted on or after July 1, 2010, and to all 1747 contracts on or after July 1, 2013. 1748 Section 39. Except as otherwise expressly provided in this 1749 act, this act shall take effect July 1, 2010.