Bill Text: FL S0006 | 2010 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for SB 6 First Engrossed 20106e1 1 A bill to be entitled 2 An act relating to education personnel; amending s. 3 39.202, F.S.; authorizing the release of child abuse 4 records to certain employees and agents of the 5 Department of Education; amending s. 447.403, F.S.; 6 deleting a provision that provides for an expedited 7 impasse hearing for disputes involving the Merit Award 8 Program plan to conform to changes made by the act; 9 amending s. 1002.33, F.S.; requiring a charter school 10 to adopt a salary schedule for instructional personnel 11 and school-based administrators which meets certain 12 requirements; providing that charter schools must meet 13 certain requirements for end-of-course assessments, 14 performance appraisals, and certain contracts; 15 deleting a cross-reference to conform to changes made 16 by the act; requiring that the Commissioner of 17 Education review certain charter schools for 18 compliance with the requirements for a salary 19 schedule, assessments, and contracts; requiring a 20 specified funding adjustment to be imposed against a 21 charter school that is not in compliance; amending s. 22 1003.52, F.S.; deleting a cross-reference to conform 23 to changes made by the act; repealing s. 1003.62, 24 F.S., relating to academic performance-based charter 25 school districts; amending s. 1003.621, F.S.; 26 providing additional requirements for personnel in 27 academically high-performing school districts; 28 repealing s. 1003.63, relating to the deregulated 29 public schools pilot program; amending s. 1004.04, 30 F.S.; revising the criteria for continued approval of 31 teacher preparation programs to include student 32 learning gains; deleting the waiver of admissions 33 criteria for certain students; deleting the criterion 34 relating to employer satisfaction; revising the 35 requirements for a teacher preparation program to 36 provide additional training to a graduate who fails to 37 demonstrate essential skills; deleting a provision 38 that requires state-approved teacher preparation 39 programs and public and private institutions offering 40 training for school-readiness-related professions to 41 report graduate satisfaction ratings; revising the 42 requirements for preservice field experience programs; 43 repealing s. 1004.04(11) and (12), F.S., relating to 44 the Preteacher and Teacher Education Pilot Programs 45 and the Teacher Education Pilot Programs for High 46 Achieving Students; amending s. 1004.85, F.S.; 47 revising the requirements for individuals who 48 participate in programs at postsecondary educator 49 preparation institutes; revising the requirements for 50 approved alternative certification programs and 51 instructors; creating s. 1008.222, F.S.; requiring 52 school districts to develop and implement end-of 53 course assessments; requiring a review of assessments 54 by the Commissioner of Education; amending s. 1009.40, 55 F.S.; deleting cross-references to conform to changes 56 made by the act; repealing s. 1009.54, F.S., relating 57 to the Critical Teacher Shortage Program; repealing s. 58 1009.57, F.S., relating to the Florida Teacher 59 Scholarship and Forgivable Loan Program; repealing s. 60 1009.58, F.S., relating to the Critical Teacher 61 Shortage Tuition Reimbursement Program; repealing s. 62 1009.59, F.S., relating to the Critical Teacher 63 Shortage Student Loan Forgiveness Program; amending s. 64 1009.94, F.S.; deleting cross-references to conform to 65 changes made by the act; creating s. 1011.626, F.S.; 66 providing legislative findings and intent; creating 67 the Performance Fund for Instructional Personnel and 68 School-Based Administrators; providing for calculation 69 of the fund amount; providing for distribution of 70 funds to districts and specifying purposes for which 71 funds may be expended; providing for reversion of 72 unexpended funds; specifying that salary increases 73 from these funds are in addition to other salary 74 adjustments; specifying requirements for individuals 75 paid from federal grants; requiring that each district 76 school board submit its district adopted salary 77 schedule and certain assessments to the Commissioner 78 of Education for review; requiring that the 79 commissioner determine compliance with requirements 80 applicable to the schedules and assessments; requiring 81 a review by the Auditor General of certain classroom 82 teacher contracts; requiring that the Commissioner of 83 Education notify the Governor and Legislature of 84 school districts that fail to comply with salary 85 schedule, assessment, and contract requirements; 86 requiring a specified funding adjustment to be imposed 87 against a school district for such failure to comply; 88 requiring that the State Board of Education adopt 89 rules; amending s. 1011.69, F.S.; deleting a provision 90 that exempts academic performance-based charter school 91 districts from the Equity in School-Level Funding Act 92 to conform to changes made by the act; amending s. 93 1012.05, F.S.; revising the Department of Education’s 94 responsibilities for teacher recruitment; amending s. 95 1012.07, F.S.; revising the methodology for 96 determining critical teacher shortage areas; deleting 97 cross-references to conform to changes made by the 98 act; amending s. 1012.22, F.S.; revising the powers 99 and duties of the district school board with respect 100 to school district compensation and salary schedules; 101 requiring that certain performance criteria be 102 included in the adopted schedules; revising the 103 differentiated pay provisions; repealing s. 1012.225, 104 F.S., relating to the Merit Award Program for 105 Instructional Personnel and School-Based 106 Administrators; repealing s. 1012.2251, F.S., relating 107 to the end-of-course examinations for the Merit Award 108 Program; amending s. 1012.33, F.S.; revising 109 provisions relating to contracts with certain 110 educational personnel; requiring a district school 111 board’s decision to retain personnel who have 112 continuing contracts or professional service contracts 113 to be primarily based on the employee’s performance; 114 deleting requirements that school board decisions for 115 workforce reductions be based on collective bargaining 116 agreements; deleting requirements for district school 117 board rules for workforce reduction; creating s. 118 1012.335, F.S.; providing definitions; providing 119 employment criteria for newly hired classroom 120 teachers; providing grounds for termination; requiring 121 that the State Board of Education adopt rules defining 122 the term “just cause”; providing guidelines for such 123 term; amending s. 1012.34, F.S.; revising provisions 124 related to the appraisal of instructional personnel 125 and school-based administrators; requiring that the 126 Department of Education approve school district 127 appraisal instruments; requiring the Department of 128 Education to collect appraisal information from school 129 districts and to report such information to the 130 Governor and the Legislature; providing requirements 131 for appraisal systems; authorizing an employee to 132 request that a district school superintendent review 133 an unsatisfactory performance appraisal; conforming 134 provisions to changes made by the act; amending s. 135 1012.42, F.S.; prohibiting a district school board 136 from assigning a new teacher to teach reading, 137 science, or mathematics if he or she is not certified 138 in those subject areas; repealing s. 1012.52, F.S., 139 relating to legislative intent for teacher quality; 140 amending s. 1012.56, F.S.; revising the certification 141 requirements for persons holding a valid professional 142 standard teaching certificate issued by another state; 143 providing additional means of demonstrating mastery of 144 professional preparation and education competence; 145 requiring that the State Board of Education review the 146 current subject area examinations and increase the 147 scores necessary for achieving certification; 148 authorizing the State Board of Education to adopt 149 rules to allow certain college credit to be used to 150 meet certification requirements; amending s. 1012.585, 151 F.S.; providing for future expiration of provisions 152 governing certification of teachers who hold national 153 certification; revising the renewal requirements for a 154 professional certificate; providing additional 155 requirements that must be met in order to renew the 156 certificate; requiring that the State Board of 157 Education adopt rules for the renewal of a certificate 158 held by a certificateholder who has not been evaluated 159 under s. 1012.34, F.S.; amending s. 1012.72, F.S.; 160 limiting bonuses under the Dale Hickam Excellent 161 Teaching Program to individuals who remain 162 continuously employed in a public school in this state 163 or the Florida School for the Deaf and the Blind; 164 amending s. 1012.79, F.S.; revising the composition of 165 the Education Practices Commission; conforming 166 provisions to changes made by the act; amending s. 167 1012.795, F.S.; conforming provisions to changes made 168 by the act; requiring that the Department of Education 169 submit a report on the cost-effectiveness of teacher 170 preparation programs to the Governor and the 171 Legislature by a specified date; specifying the report 172 requirements; requiring that the Office of Program 173 Policy Analysis and Government Accountability submit 174 recommendations to the Legislature relating to changes 175 in the criteria for the continued approval of teacher 176 preparation programs; authorizing school districts to 177 seek an exemption from the State Board of Education 178 from the requirement of certain laws; authorizing the 179 State Board of Education to adopt rules; providing for 180 severability; providing for application of a specified 181 provision of the act; providing effective dates. 182 183 Be It Enacted by the Legislature of the State of Florida: 184 185 Section 1. Paragraph (t) is added to subsection (2) of 186 section 39.202, Florida Statutes, to read: 187 39.202 Confidentiality of reports and records in cases of 188 child abuse or neglect.— 189 (2) Except as provided in subsection (4), access to such 190 records, excluding the name of the reporter which shall be 191 released only as provided in subsection (5), shall be granted 192 only to the following persons, officials, and agencies: 193 (t) Employees or agents of the Department of Education who 194 are responsible for the investigation or prosecution of 195 misconduct by certified educators. 196 Section 2. Paragraph (c) of subsection (2) of section 197 447.403, Florida Statutes, is amended to read: 198 447.403 Resolution of impasses.— 199 (2) 200(c)If the district school board is the public employer and201an impasse is declared under subsection (1) involving a dispute202of a Merit Award Program plan under s.1012.225, the dispute is203subject to an expedited impasse hearing. Notwithstanding204subsections (3), (4), and (5), and the rules adopted by the205commission, the following procedures shall apply:2061.a.The commission shall furnish the names of seven207special magistrates within 5 days after receiving notice of208impasse. If the parties are unable to agree upon a special209magistrate within 5 days after the date of the letter210transmitting the list of choices, the commission shall211immediately appoint a special magistrate. The special magistrate212shall set the hearing, which shall be held no later than 15 days213after the date of appointment of the special magistrate. Within2145 days after the date of appointment of a special magistrate,215each party shall serve upon the special magistrate and upon each216other party a written list of issues at impasse.217b.At the close of the hearing, the parties shall summarize218their arguments and may provide a written memorandum in support219of their positions.220c.Within 10 days after the close of the hearing, the221special magistrate shall transmit a recommended decision to the222commission and the parties.223d.The recommended decision of the special magistrate shall224be deemed accepted by the parties, except as to those225recommendations that a party specifically rejects, by filing a226written notice with the commission and serving a copy on the227other party within 5 days after the date of the recommended228decision.2292.If a party rejects any part of the recommended decision230of the special magistrate, the parties shall proceed directly to231resolution of the impasse by the district school board pursuant232to paragraph (4)(d).233 Section 3. Paragraph (c) is added to subsection (16) of 234 section 1002.33, Florida Statutes, paragraph (a) of subsection 235 (20) of that section is amended, present subsection (26) of that 236 section is redesignated as subsection (27), and a new subsection 237 (26) is added to that section, to read: 238 1002.33 Charter schools.— 239 (16) EXEMPTION FROM STATUTES.— 240 (c) A charter school shall also comply with the following: 241 1. A charter school may not award a professional service 242 contract or similar contract to a classroom teacher hired on or 243 after July 1, 2010. 244 2. Beginning with the 2014-2015 school year and thereafter, 245 a charter school must adopt a salary schedule for instructional 246 personnel and school-based administrators which compensates 247 instructional personnel and school-based administrators based on 248 their performance. Salary adjustments for instructional 249 personnel and school-based administrators must be based only on 250 performance demonstrated under s. 1012.34. A charter school may 251 not use length of service or degrees held by instructional 252 personnel or school-based administrators as a factor in setting 253 the salary schedule. 254 3. A charter school must meet the following requirements: 255 a. Administer assessments that comply with s. 1008.222. 256 However, a charter school may use its own assessments if the 257 assessments comply with s. 1008.222; 258 b. Maintain the security and integrity of end-of-course 259 assessments developed or acquired pursuant to s. 1008.222; and 260 c. Adopt a performance appraisal system that complies with 261 s. 1012.34. 262 (20) SERVICES.— 263 (a) A sponsor shall provide certain administrative and 264 educational services to charter schools. These services shall 265 include contract management services; full-time equivalent and 266 data reporting services; exceptional student education 267 administration services; services related to eligibility and 268 reporting duties required to ensure that school lunch services 269 under the federal lunch program, consistent with the needs of 270 the charter school, are provided by the school district at the 271 request of the charter school, that any funds due to the charter 272 school under the federal lunch program be paid to the charter 273 school as soon as the charter school begins serving food under 274 the federal lunch program, and that the charter school is paid 275 at the same time and in the same manner under the federal lunch 276 program as other public schools serviced by the sponsor or the 277 school district; test administration services, including payment 278 of the costs of state-required or district-required student 279 assessments; processing of teacher certificate data services; 280 and information services, including equal access to student 281 information systems that are used by public schools in the 282 district in which the charter school is located. Student 283 performance data for each student in a charter school, 284 including, but not limited to, FCAT scores, standardized test 285 scores, previous public school student report cards, and student 286 performance measures, shall be provided by the sponsor to a 287 charter school in the same manner provided to other public 288 schools in the district. A total administrative fee for the 289 provision of such services shall be calculated based upon up to 290 5 percent of the available funds defined in paragraph (17)(b) 291 for all students. However, a sponsor may only withhold up to a 292 5-percent administrative fee for enrollment for up to and 293 including 500 students. For charter schools with a population of 294 501 or more students, the difference between the total 295 administrative fee calculation and the amount of the 296 administrative fee withheld may only be used for capital outlay 297 purposes specified in s. 1013.62(2).Each charter school shall298receive 100 percent of the funds awarded to that school pursuant299to s.1012.225.Sponsors shall not charge charter schools any 300 additional fees or surcharges for administrative and educational 301 services in addition to the maximum 5-percent administrative fee 302 withheld pursuant to this paragraph. 303 (26) FUNDING AND COMPLIANCE.— 304 (a) Effective with the beginning of the 2011-2012 year, and 305 each year thereafter, the Commissioner of Education shall 306 calculate and distribute funds from the Performance Fund for 307 Instructional Personnel and School-Based Administrators in s. 308 1011.626 to charter schools in the same manner as for school 309 districts. Charter schools must meet the requirements in s. 310 1011.626(5). 311 (b) By September 15 of each year, each charter school 312 governing board shall certify to the Commissioner of Education 313 that its school meets the requirements in paragraph (16)(c). The 314 commissioner shall verify compliance with paragraph (16)(c) by 315 selecting a sample of charter schools each year to provide 316 information to determine compliance. On or before October 1 of 317 each year, a selected charter school must submit the requested 318 information to the commissioner. On or before December 15 of 319 each year, the commissioner shall complete a review of each 320 selected charter school for that school year, determine 321 compliance with paragraph (16)(c), and notify each charter 322 school governing board and sponsor if the charter school is not 323 in compliance with paragraph (16)(c). The commissioner shall 324 certify the charter schools that do not comply with paragraph 325 (16)(c) to the Governor, the President of the Senate, and the 326 Speaker of the House of Representative on or before February 15 327 of each year. Each certified charter school shall receive a 328 funding adjustment of state funds equivalent to 5 percent of the 329 total Florida Education Finance Program funds provided in the 330 General Appropriations Act for the charter school. Such funding 331 adjustment shall be implemented through the withholding of funds 332 to which the charter school is entitled. 333 Section 4. Subsection (10) of section 1003.52, Florida 334 Statutes, is amended to read: 335 1003.52 Educational services in Department of Juvenile 336 Justice programs.— 337 (10) The district school board shall recruit and train 338 teachers who are interested, qualified, or experienced in 339 educating students in juvenile justice programs. Students in 340 juvenile justice programs shall be provided a wide range of 341 educational programs and opportunities including textbooks, 342 technology, instructional support, and other resources available 343 to students in public schools. Teachers assigned to educational 344 programs in juvenile justice settings in which the district 345 school board operates the educational program shall be selected 346 by the district school board in consultation with the director 347 of the juvenile justice facility. Educational programs in 348 juvenile justice facilities shall have access to the substitute 349 teacher pool utilized by the district school board. Full-time 350 teachers working in juvenile justice schools, whether employed 351 by a district school board or a provider, shall be eligible for 352the critical teacher shortage tuition reimbursement program as353defined by s.1009.58and otherteacher recruitment and 354 retention programs. 355 Section 5. Section 1003.62, Florida Statutes, is repealed. 356 Section 6. Paragraph (h) of subsection (2) of section 357 1003.621, Florida Statutes, is amended to read: 358 1003.621 Academically high-performing school districts.—It 359 is the intent of the Legislature to recognize and reward school 360 districts that demonstrate the ability to consistently maintain 361 or improve their high-performing status. The purpose of this 362 section is to provide high-performing school districts with 363 flexibility in meeting the specific requirements in statute and 364 rules of the State Board of Education. 365 (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 366 high-performing school district shall comply with all of the 367 provisions in chapters 1000-1013, and rules of the State Board 368 of Education which implement these provisions, pertaining to the 369 following: 370 (h) Sections 1012.22(1)(c) and 1012.27(2), relating to 371 differentiated pay and performance-pay policies for school 372 administrators and instructional personnel, and s. 1012.34, 373 relating to appraisal procedures and criteria. Professional 374 service contracts are subject to the provisions of s.ss.375 1012.33and1012.34. Contracts with classroom teachers hired on 376 or after July 1, 2010, are subject to s. 1012.335. 377 Section 7. Section 1003.63, Florida Statutes, is repealed. 378 Section 8. Paragraph (b) of subsection (4) and subsections 379 (5) and (6) of section 1004.04, Florida Statutes, are amended to 380 read: 381 1004.04 Public accountability and state approval for 382 teacher preparation programs.— 383 (4) INITIAL STATE PROGRAM APPROVAL.— 384 (b) Each teacher preparation program approved by the 385 Department of Education, as provided for by this section, shall 386 require students to meet the following as prerequisites for 387 admission into the program: 388 1. Have a grade point average of at least 2.5 on a 4.0 389 scale for the general education component of undergraduate 390 studies or have completed the requirements for a baccalaureate 391 degree with a minimum grade point average of 2.5 on a 4.0 scale 392 from any college or university accredited by a regional 393 accrediting association as defined by State Board of Education 394 rule or any college or university otherwise approved pursuant to 395 State Board of Education rule. 396 2. Demonstrate mastery of general knowledge, including the 397 ability to read, write, and compute, by passing the General 398 Knowledge Test of the Florida Teacher Certification Examination, 399 the College Level Academic Skills Test, a corresponding 400 component of the National Teachers Examination series, or a 401 similar test pursuant to rules of the State Board of Education. 402 403Each teacher preparation program may waive these admissions404requirements for up to 10 percent of the students admitted.405Programs shall implement strategies to ensure that students406admitted under a waiver receive assistance to demonstrate407competencies to successfully meet requirements for408certification.409 (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection 410 (4), failure by a public or nonpublic teacher preparation 411 program to meet the criteria for continued program approval 412 shall result in loss of program approval. The Department of 413 Education, in collaboration with the departments and colleges of 414 education, shall develop procedures for continued program 415 approval that document the continuous improvement of program 416 processes and graduates’ performance. 417 (a) Continued approval of specific teacher preparation 418 programs at each public and nonpublic postsecondary educational 419 institution within the state is contingent upon a determination 420 by the Department of Education of student learning gains, as 421 measured by state assessments required under s. 1008.22. 422 (b)(a)Continued approval of specific teacher preparation 423 programs at each public and nonpublic postsecondary educational 424 institution within the state is contingent upon the passing of 425 the written examination required by s. 1012.56 by at least 90 426 percent of the graduates of the program who take the 427 examination. The Department of Education shall annually provide 428 an analysis of the performance of the graduates of such 429 institution with respect to the competencies assessed by the 430 examination required by s. 1012.56. 431 (c)(b)Additional criteria for continued program approval 432 for public institutions may be approved by the State Board of 433 Education. Such criteria must emphasize instruction in classroom 434 management and must provide for the evaluation of the teacher 435 candidates’ performance in this area. The criteria shall also 436 require instruction in working with underachieving students. 437 Program evaluation procedures must include, but are not limited 438 to, program graduates’ satisfaction with instruction and the 439 program’s responsiveness to local school districts. Additional 440 criteria for continued program approval for nonpublic 441 institutions shall be developed in the same manner as for public 442 institutions; however, such criteria must be based upon 443 significant, objective, and quantifiable graduate performance 444 measures. Responsibility for collecting data on outcome measures 445 through survey instruments and other appropriate means shall be 446 shared by the postsecondary educational institutions and the 447 Department of Education. By January 1 of each year, the 448 Department of Education shall report this information for each 449 postsecondary educational institution that has state-approved 450 programs of teacher education to the Governor, the State Board 451 of Education, the Board of Governors, the Commissioner of 452 Education, the President of the Senate, the Speaker of the House 453 of Representatives, all Florida postsecondary teacher 454 preparation programs, and interested members of the public. This 455 report must analyze the data and make recommendations for 456 improving teacher preparation programs in the state. 457 (d)(c)Continued approval for a teacher preparation program 458 is contingent upon the results of periodic reviews, on a 459 schedule established by the State Board of Education, of the 460 program conducted by the postsecondary educational institution, 461 using procedures and criteria outlined in an institutional 462 program evaluation plan approved by the Department of Education, 463 which must include the program’s review of and response to the 464 effect of its candidates and graduates on K-12 student learning. 465 This plan must also incorporate and respond to the criteria 466 established in paragraphs(a) and(b) and (c) and include 467 provisions for involving primary stakeholders, such as program 468 graduates, district school personnel, classroom teachers, 469 principals, community agencies, and business representatives in 470 the evaluation process. Upon request by an institution, the 471 department shall provide assistance in developing, enhancing, or 472 reviewing the institutional program evaluation plan and training 473 evaluation team members. 474 (e)(d)Continued approval for a teacher preparation program 475 is contingent upon standards being in place that are designed to 476 adequately prepare elementary, middle, and high school teachers 477 to instruct their students in reading and higher-level 478 mathematics concepts and in the use of technology at the 479 appropriate grade level. 480 (f)(e)Continued approval of teacher preparation programs 481 is contingent upon compliance with the student admission 482 requirements of subsection (4)and upon the receipt of at least483a satisfactory rating from public schools and private schools484that employ graduates of the program. Each teacher preparation 485 program shall guarantee the high quality of its graduates during 486 the first 2 years immediately following graduation from the 487 program or following the graduate’s initial certification, 488 whichever occurs first. Any educator in a Florida school who 489 fails to demonstrate student learning gainsthe essential skills490 as specified in paragraph (a)subparagraphs 1.-5.shall be 491 provided additional training by the teacher preparation program 492 at no expense to the educator or the employer. Such training 493 must consist of an individualized plan agreed upon by the school 494 district and the postsecondary educational institution that 495 includes specific learning outcomes. The postsecondary 496 educational institution assumes no responsibility for the 497 educator’s employment contract with the employer.Employer498satisfaction shall be determined by an annually administered499survey instrument approved by the Department of Education that,500at a minimum, must include employer satisfaction of the501graduates’ ability to do the following:5021. Write and speak in a logical and understandable style503with appropriate grammar.5042. Recognize signs of students’ difficulty with the reading505and computational process and apply appropriate measures to506improve students’ reading and computational performance.5073. Use and integrate appropriate technology in teaching and508learning processes.5094. Demonstrate knowledge and understanding of Sunshine510State Standards.5115. Maintain an orderly and disciplined classroom conducive512to student learning.513 (g)(f)1. Each Florida public and private institution that 514 offers a state-approved teacher preparation program must 515 annually report information regarding these programs to the 516 state and the general public. This information shall be reported 517 in a uniform and comprehensible manner that is consistent with 518 definitions and methods approved by the Commissioner of the 519 National Center for Educational Statistics and that is approved 520 by the State Board of Education. This information must include, 521 at a minimum: 522 a. The percent of graduates obtaining full-time teaching 523 employment within the first year of graduation. 524 b. The average length of stay of graduates in their full 525 time teaching positions. 526 c. The percentage of graduates whose students achieved 527 learning gains, as specified in paragraph (a). For purposes of 528 this paragraph, the information shall include the percentage of 529 the students taught per graduate who achieved learning gains. 530Satisfaction ratings required in paragraph (e).531 2. Each public and private institution offering training 532 for school readiness related professions, including training in 533 the fields of child care and early childhood education, whether 534 offering career credit, associate in applied science degree 535 programs, associate in science degree programs, or associate in 536 arts degree programs, shall annually report information 537 regarding these programs to the state and the general public in 538 a uniform and comprehensible manner that conforms with 539 definitions and methods approved by the State Board of 540 Education. This information must include, at a minimum: 541 a. Average length of stay of graduates in their teaching 542 positions. 543 b. The percent of graduates obtaining full-time teaching 544 employment within the first year of graduation.Satisfaction545ratings of graduates’ employers.546 547 This information shall be reported through publications, 548 including college and university catalogs and promotional 549 materials sent to potential applicants, secondary school 550 guidance counselors, and prospective employers of the 551 institution’s program graduates. 552 (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary 553 instructors, school district personnel and instructional 554 personnel, and school sites preparing instructional personnel 555 through preservice field experience courses and internships 556 shall meet special requirements. District school boards are 557 authorized to pay student teachers during their internships. 558 (a) All instructors in postsecondary teacher preparation 559 programs who instruct or supervise preservice field experiences, 560 preserviceexperiencecourses, or internships shall have at 561 least one of the following: specialized training in clinical 562 supervision; a valid professional teaching certificate issued 563 underpursuant toss. 1012.56 and 1012.585; or at least 3 years 564 of successful teaching experience in prekindergarten through 565 grade 12. 566 (b) All school district personnel and instructional 567 personnel who supervise or direct teacher preparation students 568 during field experience courses or internships must have 569 evidence of “clinical educator” training and must successfully 570 demonstrate effective classroom management strategies that 571 consistently result in improved student performance. The State 572 Board of Education shall approve the training requirements. 573 (c) Preservice field experience programs must provide for 574 continuous student participation in K-12 classroom settings with 575 supervised instruction of K-12 students. All preservice field 576 experience programs must provide specific guidance and 577 demonstration of effective classroom management strategies, 578 strategies for incorporating technology into classroom 579 instruction, strategies for incorporating scientifically 580 researched, knowledge-based reading literacy and computational 581 skills acquisition into classroom instruction, and ways to link 582 instructional plans to the Sunshine State Standards, as 583 appropriate. The length of structured field experiences may be 584 extended to ensure that candidates achieve the competencies 585 needed to meet certification requirements. 586 (d) Postsecondary teacher preparation programs, in 587 consultationcooperationwith district school boards and 588 approved private school associations, shall select the school 589 sites for preservice field experience activities based on the 590 instructional skills of the instructor or supervisor with whom 591 the teaching candidate is placed, as demonstrated by the 592 instructor’s or supervisor’s sustained student learning gains as 593 specified in paragraph (5)(a).These sites must represent the594full spectrum of school communities, including, but not limited595to, schools located in urban settings.In order to be selected, 596 school sites must demonstrate commitment to the education of 597 public school students and to the preparation of future 598 teachers. 599 Section 9. Subsections (11) and (12) of section 1004.04, 600 Florida Statutes, are repealed. 601 Section 10. Paragraph (b) of subsection (3) and subsections 602 (4) and (5) of section 1004.85, Florida Statutes, are amended to 603 read: 604 1004.85 Postsecondary educator preparation institutes.— 605 (3) Educator preparation institutes approved pursuant to 606 this section may offer alternative certification programs 607 specifically designed for noneducation major baccalaureate 608 degree holders to enable program participants to meet the 609 educator certification requirements of s. 1012.56. Such programs 610 shall be competency-based educator certification preparation 611 programs that prepare educators through an alternative route. An 612 educator preparation institute choosing to offer an alternative 613 certification program pursuant to the provisions of this section 614 must implement a program previously approved by the Department 615 of Education for this purpose or a program developed by the 616 institute and approved by the department for this purpose. 617 Approved programs shall be available for use by other approved 618 educator preparation institutes. 619 (b) Each program participant must: 620 1. Meet certification requirements pursuant to s. 621 1012.56(1) and (2) by obtaining a statement of status of 622 eligibility prior to admission into the program which indicates 623 eligibility for a temporary certificate in a teaching subject 624 and meet the requirements of s. 1012.56(2)(a)-(f). 625 2. Participate in field experience that is appropriate to 626 his or her educational plan. 627 3. Demonstrate mastery of general knowledge by one of the 628 options provided in s. 1012.56(3) prior to completion of the 629 program. 630 4.3.Fully demonstrate his or her ability to teach the 631 subject area for which he or she is seeking certification 632 through field experiences and by achievement of a passing score 633 on the corresponding subject area test prior to completion of 634 the program and demonstrate mastery of professional preparation 635 and education competence by achievement of a passing score on 636 the professional education competency examination required by 637 state board rule prior to completion of the program. 638 (4) Each alternative certification programinstitute639 approved pursuant to this section shall submit to the Department 640 of Education annual performance evaluations that measure the 641 effectiveness of the programs, including the pass rates of 642 participants on all examinations required for teacher 643 certification, employment rates, longitudinal retention rates, 644 and a review of the impact that participants who have completed 645 the program have on K-12 student learningand employer646satisfaction surveys.The employer satisfaction surveys must be647designed to measure the sufficient preparation of the educator648to enter the classroom.These evaluations and evidence of 649 student learning gains, as measured by state assessments 650 required under s. 1008.22, shall be used by the Department of 651 Education for purposes of continued approval of an educator 652 preparation institute’s alternative certification program. 653 (5) Instructors for an alternative certification program 654 approved pursuant to this section must meet the requirements of 655 s. 1004.04(6)possess a master’s degree in education or a656master’s degree in an appropriate related field and document657teaching experience. 658 Section 11. Section 1008.222, Florida Statutes, is created 659 to read: 660 1008.222 Development and implementation of end-of-course 661 assessments of certain subject areas and grade levels.— 662 (1) Each school district must develop or acquire a valid 663 and reliable end-of-course assessment for each subject area and 664 grade level not measured by state assessments required under s. 665 1008.22 or by examinations in AP, IB, AICE, or a national 666 industry certification identified in the Industry Certification 667 Funding List pursuant to rules adopted by the State Board of 668 Education. The content, knowledge, and skills assessed by end 669 of-course assessments for each school district must be aligned 670 to the core curricular content established in the Sunshine State 671 Standards. 672 (2)(a) Beginning with the 2013-2014 school year, each 673 school district must require that each school in the district 674 administer the district’s standard assessment for each subject 675 area or grade level, as described in subsection (1). 676 (b) Each district school superintendent must ensure that 677 teachers who provide instruction in the same subject or grade 678 level administer the same end-of-course assessment, as described 679 in subsection (1). Each school district must adopt policies to 680 ensure standardized administration and security of the 681 assessments. 682 (c) Each district school superintendent is responsible for 683 implementing standardized assessment security and 684 administration, the reporting of assessment results, and using 685 assessment results to comply with provisions of ss. 686 1012.22(1)(c) and 1012.34. The district school superintendent 687 shall certify to the Commissioner of Education that the security 688 of a standardized assessment required under this section is 689 maintained. If a district school superintendent’s certification 690 is determined to be invalid through an audit by the Auditor 691 General or an investigation by the Department of Education, the 692 superintendent is subject to suspension and removal on the 693 grounds of misfeasance pursuant to s. 7, Art. IV of the State 694 Constitution. 695 (d) The Commissioner of Education shall identify methods to 696 assist and support districts in the development and acquisition 697 of assessments required under this section. Methods may include 698 the development of item banks, facilitation of the sharing of 699 developed tests among districts, and technical assistance in 700 best professional practices of test development based on state 701 adopted curriculum standards, administration, and security. 702 Section 12. Paragraph (a) of subsection (1) of section 703 1009.40, Florida Statutes, is amended to read: 704 1009.40 General requirements for student eligibility for 705 state financial aid awards and tuition assistance grants.— 706 (1)(a) The general requirements for eligibility of students 707 for state financial aid awards and tuition assistance grants 708 consist of the following: 709 1. Achievement of the academic requirements of and 710 acceptance at a state university or community college; a nursing 711 diploma school approved by the Florida Board of Nursing; a 712 Florida college, university, or community college which is 713 accredited by an accrediting agency recognized by the State 714 Board of Education; any Florida institution the credits of which 715 are acceptable for transfer to state universities; any career 716 center; or any private career institution accredited by an 717 accrediting agency recognized by the State Board of Education. 718 2. Residency in this state for no less than 1 year 719 preceding the award of aid or a tuition assistance grant for a 720 program established pursuant to s. 1009.50, s. 1009.505, s. 721 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 1009.56,s.7221009.57,s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 723 1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. 724 Residency in this state must be for purposes other than to 725 obtain an education. Resident status for purposes of receiving 726 state financial aid awards shall be determined in the same 727 manner as resident status for tuition purposes pursuant to s. 728 1009.21. 729 3. Submission of certification attesting to the accuracy, 730 completeness, and correctness of information provided to 731 demonstrate a student’s eligibility to receive state financial 732 aid awards or tuition assistance grants. Falsification of such 733 information shall result in the denial of any pending 734 application and revocation of any award or grant currently held 735 to the extent that no further payments shall be made. 736 Additionally, students who knowingly make false statements in 737 order to receive state financial aid awards or tuition 738 assistance grants commit a misdemeanor of the second degree 739 subject to the provisions of s. 837.06 and shall be required to 740 return all state financial aid awards or tuition assistance 741 grants wrongfully obtained. 742 Section 13. Section 1009.54, Florida Statutes, is repealed. 743 Section 14. Section 1009.57, Florida Statutes, is repealed. 744 Section 15. Section 1009.58, Florida Statutes, is repealed. 745 Section 16. Section 1009.59, Florida Statutes, is repealed. 746 Section 17. Paragraph (c) of subsection (2) of section 747 1009.94, Florida Statutes, is amended to read: 748 1009.94 Student financial assistance database.— 749 (2) For purposes of this section, financial assistance 750 includes: 751 (c) Any financial assistance provided under s. 1009.50, s. 752 1009.505, s. 1009.51, s. 1009.52, s. 1009.53,s.1009.54,s. 753 1009.55, s. 1009.56,s.1009.57,s. 1009.60, s. 1009.62, s. 754 1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 755 1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. 756 Section 18. Section 1011.626, Florida Statutes, is created 757 to read: 758 1011.626 Performance Fund for Instructional Personnel and 759 School-Based Administrators.— 760 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 761 to ensure that every student has a high-quality teacher in his 762 or her classroom. The Legislature intends, therefore, to hold 763 school districts accountable for demonstrably increasing student 764 achievement. 765 (2) FINDINGS.—The Legislature finds that: 766 (a) Quality classroom teachers and school-based 767 administrators are the single greatest indicators of student 768 achievement. 769 (b) A school district that fails to reward quality 770 classroom teachers or school-based administrators on the 771 performance of their students, and instead rewards these 772 individuals, in whole or in part, based on the number of years 773 worked or degrees held, has violated s. 1012.22(1)(c). A school 774 district’s failure to comply with s. 1012.22(1)(c) fails to 775 maximize student learning by not providing the appropriate 776 incentives to attract and retain quality classroom teachers and 777 school-based administrators. As a result, students are penalized 778 for the acts or omissions of district school boards or district 779 school superintendents. 780 (c) A school district that fails to adopt and implement 781 end-of-course assessments that comply with s. 1008.222 782 frustrates the purpose of ensuring that each student has a high 783 quality teacher in his or her classroom by preventing the 784 determination of the quality of a classroom teacher’s or school 785 based administrator’s performance. 786 (d) A school district that fails to comply with s. 1012.335 787 frustrates the purpose of ensuring that each student has a high 788 quality teacher in his or her classroom by preventing the school 789 district from promptly removing a poor-performing classroom 790 teacher from the classroom and employment. 791 (3) PERFORMANCE FUND.—Effective with the beginning of the 792 2011-2012 year and each year thereafter, the Performance Fund 793 for Instructional Personnel and School-Based Administrators is 794 established. 795 (4) CALCULATION OF THE FUND.—The Commissioner of Education 796 shall calculate for the second calculation for each district and 797 charter school an amount of state funds equivalent to 5 percent 798 of the total state, local, and federal funding determined by the 799 Florida Education Finance Program under ss. 1011.62, 1011.685, 800 and 1011.71(1) and (3). Such funds shall be designated as each 801 district’s and charter school’s annual Performance Fund for 802 Instructional Personnel and School-Based Administrators. 803 (5) DISTRIBUTION OF THE FUND.— 804 (a) The commissioner shall distribute these funds in 805 accordance with the provisions of s. 1011.62(12) to a district 806 for the implementation of a salary schedule adopted by the 807 district school board pursuant to s. 1012.22, implementation of 808 a performance appraisal system pursuant to s. 1012.34, and the 809 development of end-of-course assessments pursuant to s. 810 1008.222. The funds may not be used to increase the base 811 salaries or salary adjustments of employees rated as 812 unsatisfactory or needs improvement pursuant to s. 1012.34. 813 (b) If funds remain in a district’s Performance Fund for 814 Instructional Personnel and School-Based Administrators after 815 the end-of-course assessments in s. 1008.222, performance 816 appraisal system requirements in s. 1012.34, and salary schedule 817 requirements in s. 1012.22 have been met, the balance may be 818 used by the district for the same purpose as funds provided 819 pursuant to s. 1011.62(1)(t). Any funds remaining in a 820 district’s fund at the end of the state fiscal year shall revert 821 to the fund from which they were appropriated. 822 (c) A salary increase awarded from these funds shall be 823 awarded in addition to any general increase or other adjustments 824 to salaries which are made by a school district. An employee’s 825 eligibility for or receipt of a salary increase shall not 826 adversely affect that employee’s opportunity to qualify for or 827 to receive any other compensation that is made generally 828 available to other similarly situated district school board 829 employees. 830 (d) Each district shall annually set aside sufficient 831 federal grant funds to ensure that the policies described in 832 this section are equally applied to eligible individuals paid 833 from federal grants. 834 (6) REVIEW.— 835 (a) Beginning with the 2014-2015 fiscal year and each 836 fiscal year thereafter, each district school board must submit 837 the district-adopted salary schedule for the school year and 838 supporting documentation to the commissioner for review on or 839 before October 1 of each year. On or before December 15 of each 840 year, the commissioner shall complete a review of each salary 841 schedule submitted for that school year, determine compliance 842 with s. 1012.22(1)(c), and notify a district school board if the 843 district salary schedule fails to meet the requirements in s. 844 1012.22(1)(c). The commissioner shall certify those school 845 districts that do not comply with s. 1012.22(1)(c) to the 846 Governor, the President of the Senate, and the Speaker of the 847 House of Representatives on or before February 15 of each year. 848 (b) Beginning with the 2013-2014 fiscal year and 849 thereafter, the commissioner shall select a sampling of school 850 district end-of-course assessments from multiple districts, and 851 school districts must submit for review the requested 852 assessments and supporting documentation on or before October 1 853 of each year. A school district that fails to provide the 854 requested assessment to the commissioner on or before October 1 855 of each year is in violation of s. 1008.222. On or before 856 December 15 of each year, the commissioner shall complete a 857 review of each selected assessment, determine compliance with s. 858 1008.222, and notify a district school board if the selected 859 assessment fails to meet the requirements in s. 1008.222. The 860 commissioner shall certify those school districts that do not 861 comply with s. 1008.222 to the Governor, the President of the 862 Senate, and the Speaker of the House of Representatives on or 863 before February 15 of each year. 864 (c) In the financial audit of each school district, 865 performed by either the Auditor General or an independent 866 certified public accountant in accordance with s. 218.39, the 867 auditor shall review a sample of classroom teacher contracts and 868 determine compliance with s. 1012.335. The sample shall be 869 selected in accordance with guidelines established by the 870 American Institute of Certified Public Accountants. The auditor 871 shall document violations of s. 1012.335 and provide the 872 documentation to the Commissioner of Education on or before 873 October 1 of each year following the audit. On or before 874 December 15 of each year, the commissioner shall notify the 875 Governor, the President of the Senate, the Speaker of the House 876 of Representatives, and each school district identified in the 877 audit that has not complied with s. 1012.335. 878 (7) FUNDING ADJUSTMENT.—A school district that is certified 879 by the commissioner as not in compliance with the law as 880 described in paragraph (6)(a), paragraph (6)(b), or paragraph 881 (6)(c) shall receive a funding adjustment equal to the amount 882 calculated in subsection (4). Such funding adjustment shall be 883 implemented through the withholding of undistributed funds to 884 which the district is otherwise entitled. To the extent a 885 district’s undistributed funds are insufficient to fully satisfy 886 the funding adjustment, the unsatisfied balance shall be 887 withheld from the district’s operating funds for the subsequent 888 fiscal year in the form of a prior year adjustment. 889 (8) RULEMAKING.—The State Board of Education shall adopt 890 rules pursuant to ss. 120.536(1) and 120.54 to implement this 891 section. Such rules shall include the documentation requirements 892 for districts, processes and criteria used for determining 893 whether the salary schedule, performance appraisal system, and 894 end-of-course assessments comply with this section, and the 895 reporting and monitoring processes that will be used to ensure 896 compliance with the use of funds distributed under paragraph 897 (5)(a). 898 Section 19. Subsection (2) of section 1011.69, Florida 899 Statutes, is amended to read: 900 1011.69 Equity in School-Level Funding Act.— 901 (2) Beginning in the 2003-2004 fiscal year, district school 902 boards shall allocate to schools within the district an average 903 of 90 percent of the funds generated by all schools and 904 guarantee that each school receives at least 80 percent of the 905 funds generated by that school based upon the Florida Education 906 Finance Program as provided in s. 1011.62 and the General 907 Appropriations Act, including gross state and local funds, 908 discretionary lottery funds, and funds from the school 909 district’s current operating discretionary millage levy. Total 910 funding for each school shall be recalculated during the year to 911 reflect the revised calculations under the Florida Education 912 Finance Program by the state and the actual weighted full-time 913 equivalent students reported by the school during the full-time 914 equivalent student survey periods designated by the Commissioner 915 of Education. If the district school board is providing programs 916 or services to students funded by federal funds, any eligible 917 students enrolled in the schools in the district shall be 918 provided federal funds.Only academic performance-based charter919school districts, pursuant to s.1003.62, are exempt from the920provisions of this section.921 Section 20. Subsection (4) of section 1012.05, Florida 922 Statutes, is amended to read: 923 1012.05 Teacher recruitment and retention.— 924 (4) The Department of Education, in cooperation with 925 district personnel offices, mayshallsponsor virtual job fairs 926a job fair in a central part of the stateto match high-quality, 927 in-stateeducators and potential educatorsand out-of-state 928 educators and potential educators with teaching opportunities in 929 this state. The Department of Education is authorized to collect 930 a job fair registration fee not to exceed$20 per person and a931booth fee not to exceed$250 per school district or other 932 interested participating organization. The revenue from the fees 933 shall be used to promote and operate the job fair. Funds may be 934 used to purchase promotional itemssuch as mementos, awards, and935plaques. 936 Section 21. Section 1012.07, Florida Statutes, is amended 937 to read: 938 1012.07 Identification of critical teacher shortage areas.— 939(1)As used in ss.1009.57,1009.58, and1009.59,The term 940 “critical teacher shortage area” means high-need content areas 941applies tomathematics, science, career education,and high 942 priorityhigh prioritylocation areas identified by.the State 943 Board of Educationmay identify career education programs having944critical teacher shortages. The State Board of Education shall 945 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 946 annually identifyothercritical teacher shortage areasand high947priority location areas. The state board mustshallalso948 consider current and emerging educational requirements and 949 workforce demandsteacher characteristics such as ethnic950background, race, and sexin determining critical teacher 951 shortage areas. School grade levels may also be designated 952 critical teacher shortage areas. Individual district school 953 boards may identify and submit other critical teacher shortage 954 areas. Such submissionsshortagesmust be aligned to current and 955 emerging educational requirements and workforce demands in order 956 to becertified to andapproved by the State Board of Education. 957 High-priorityHigh prioritylocation areas shall be in high 958 density, low-economic urban schools,andlow-density, low 959 economic rural schools, and schools identified as lowest 960 performing under s. 1008.33(4)(b)shall include schools which961meet criteria which include, but are not limited to, the962percentage of free lunches, the percentage of students under963Chapter I of the Education Consolidation and Improvement Act of9641981, and the faculty attrition rate. 965(2) This section shall be implemented only to the extent as966specifically funded and authorized by law.967 Section 22. Effective July 1, 2014, paragraph (c) of 968 subsection (1) of section 1012.22, Florida Statutes, is amended 969 to read: 970 1012.22 Public school personnel; powers and duties of the 971 district school board.—The district school board shall: 972 (1) Designate positions to be filled, prescribe 973 qualifications for those positions, and provide for the 974 appointment, compensation, promotion, suspension, and dismissal 975 of employees as follows, subject to the requirements of this 976 chapter: 977 (c) Compensation and salary schedules.— 978 1.a. As provided in this paragraph, the district school 979 board shall adopt a salary schedule that compensates employees 980 based on their performance.The district school board shall981adopt a salary schedule or salary schedules designed to furnish982incentives for improvement in training and for continued983efficient service to be used as a basis for paying all school984employees and fix and authorize the compensation of school985employees on the basis thereof.986 b.2. A district school board, in determining the salary 987 adjustmentsschedulefor instructional personnel and school 988 based administrators, must basea portion ofeach employee’s 989 adjustment onlycompensationon performance demonstrated under 990 s. 1012.34, must consider the prior teaching experience of a991person who has been designated state teacher of the year by any992state in the United States, and must consider prior professional993experience in the field of education gained in positions in994addition to district level instructional and administrative995positions. 996 c.3. In developing the salary schedule, the district school 997 board shall seek input from parents, teachers, and 998 representatives of the business community. 999 2.4. Beginning with the 2007-2008 academic year,Each 1000 district school board shall adopt a salary adjustment for 1001schedule withdifferentiated pay for both instructional 1002 personnel and school-based administrators. The salary schedule1003is subject to negotiation as provided in chapter 447 and must1004allow differentiated paybased on the following: 1005 a. Assignment to a school in a high-priority location area, 1006 as defined in State Board of Education rule, with continued 1007 differentiated pay contingent upon documentation of performance 1008 under s. 1012.34; 1009 b. Certification and teaching in critical teacher shortage 1010 areas, as defined in State Board of Education rule, with 1011 continued differentiated pay contingent upon documentation of 1012 performance under s. 1012.34; and 1013 c. Assignment of additional academic responsibilities, with 1014 continued differentiated pay contingent upon documentation of 1015 performance under s. 1012.34. 1016 3. A district school board shall adopt a salary schedule 1017 for beginning and renewing teachers as follows: 1018 a. A beginning teacher. For purposes of this sub 1019 subparagraph, the term “beginning teacher” is a classroom 1020 teacher as defined in s. 1012.01(2)(a), excluding a substitute 1021 teacher, who has no prior K-12 teaching experience. 1022 b. A teacher who holds a valid professional standard 1023 certificate issued by another state and who is hired by the 1024 district school board. 1025 c. A teacher who holds a valid professional certificate 1026 issued pursuant to s. 1012.56, who has not taught in the 1027 classroom at any time during the previous certification period, 1028 and who is hired by the district school board. 1029 4. The salary schedule in subparagraph 3. shall be in 1030 effect only for the first year that the teacher provides 1031 instruction in a Florida K-12 classroom. A district school board 1032 may not use length of service or degrees held as a factor in 1033 setting a salary scheduledistrict-determined factors,1034including, but not limited to, additional responsibilities,1035school demographics, critical shortage areas, and level of job1036performance difficulties. 1037 Section 23. Section 1012.225, Florida Statutes, is 1038 repealed. 1039 Section 24. Section 1012.2251, Florida Statutes, is 1040 repealed. 1041 Section 25. Subsection (5) of section 1012.33, Florida 1042 Statutes, is amended to read: 1043 1012.33 Contracts with instructional staff, supervisors, 1044 and school principals.— 1045 (5) Should a district school board have to choose from 1046 among its personnel who are on continuing contracts or 1047 professional service contracts as to which should be retained, 1048 such decisions shall be based primarily upon the employee’s 1049 performance as provided in s. 1012.34made pursuant to the terms1050of a collectively bargained agreement, when one exists. If no1051such agreement exists, the district school board shall prescribe1052rules to handle reductions in workforce. 1053 Section 26. Section 1012.335, Florida Statutes, is created 1054 to read: 1055 1012.335 Contracts with classroom teachers hired on or 1056 after July 1, 2010.— 1057 (1) DEFINITIONS.—As used in this section, the term: 1058 (a) “Annual contract” means a contract for a period of no 1059 longer than 1 school year in which the district school board may 1060 choose to renew or not renew without cause. 1061 (b) “Classroom teacher” means a classroom teacher as 1062 defined in s. 1012.01(2)(a), excluding substitute teachers. 1063 (c) “Probationary contract” means a contract for a period 1064 of no longer than 1 school year during which a classroom teacher 1065 may be dismissed without cause or may resign from the 1066 contractual position without breach of contract. 1067 (2) EMPLOYMENT.— 1068 (a) Beginning July 1, 2010, each person newly hired as a 1069 classroom teacher by a school district shall receive a 1070 probationary contract. 1071 (b) A classroom teacher may receive up to four annual 1072 contracts in a school district in this state if the teacher: 1073 1. Holds a professional certificate as prescribed by s. 1074 1012.56 and in the rules of the State Board of Education; and 1075 2. Has been recommended by the district school 1076 superintendent for the annual contract and approved by the 1077 district school board. 1078 (c) A classroom teacher may not receive an annual contract 1079 for the 6th year of teaching and thereafter unless the classroom 1080 teacher: 1081 1. Holds a professional certificate as prescribed by s. 1082 1012.56 and in the rules of the State Board of Education; 1083 2. Has been recommended by the district school 1084 superintendent for the annual contract and approved by the 1085 district school board; and 1086 3. Has received an effective or highly effective 1087 designation on his or her appraisal pursuant to s. 1012.34 in at 1088 least 2 of the 3 preceding years for each year an annual 1089 contract is sought. 1090 (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL 1091 CONTRACT.—A classroom teacher who has an annual contract may be 1092 suspended or dismissed at any time during the term of the 1093 contract for just cause as provided in subsection (4). The 1094 district school board must notify a classroom teacher in writing 1095 whenever charges are made against the classroom teacher, and the 1096 district school board may suspend him or her without pay. 1097 However, if the charges are not sustained, the classroom teacher 1098 shall be immediately reinstated and his or her back pay shall be 1099 paid. 1100 (4) JUST CAUSE.—The State Board of Education shall adopt 1101 rules to define the term “just cause.” Just cause includes, but 1102 is not limited to: 1103 (a) Immorality. 1104 (b) Misconduct in office. 1105 (c) Incompetency. 1106 (d) Gross insubordination. 1107 (e) Willful neglect of duty. 1108 (f) Being convicted or found guilty of, or entering a plea 1109 of guilty to, regardless of adjudication of guilt, any crime 1110 involving moral turpitude. 1111 (g) Poor performance as demonstrated by a lack of student 1112 learning gains, as specified in s. 1012.34. 1113 Section 27. Section 1012.34, Florida Statutes, is amended 1114 to read: 1115 1012.34 AppraisalAssessmentprocedures and criteria.— 1116 (1) For the purpose of increasing student achievement by 1117 improving the quality of instructional, administrative, and 1118 supervisory services in the public schools of the state, the 1119 district school superintendent shall establish procedures for 1120 evaluatingassessingthe performance of duties and 1121 responsibilities of all instructional, administrative, and 1122 supervisory personnel employed by the school district. The 1123 Department of Education must approve each district’s 1124 instructional personnel appraisalassessmentsystem and 1125 appraisal instruments. The Department of Education must approve 1126 each school-based administrator appraisal system and appraisal 1127 instruments. The department shall collect from each school 1128 district the annual performance ratings of all instructional and 1129 school-based administrative personnel and report the percentage 1130 of each of these employees receiving each rating category by 1131 school and by district to the Governor, the President of the 1132 Senate, and the Speaker of the House of Representatives. 1133 (2) The following conditions must be considered in the 1134 design of the district’s instructional personnel appraisal 1135assessmentsystem: 1136 (a) The system must be designed to support high-quality 1137 instruction and increased academic achievementdistrict and1138school level improvement plans. 1139 (b) The system must provide appropriate appraisal 1140 instruments, procedures, and criteria for continuous quality 1141 improvement of the professional skills of instructional 1142 personnel. 1143 (c) The system must include a mechanism to examine 1144 performance data from multiple sources, which includes giving 1145giveparents an opportunity to provide input into employee 1146 performance appraisalsassessmentswhen appropriate. 1147 (d) In addition to addressing generic teaching 1148 competencies, districts must determine those teaching fields for 1149 which special procedures and criteria will be developed. 1150 (e) Each district school board may establish a peer 1151 assistance process. The plan may provide a mechanism for 1152 assistance of persons who are placed on performance probation as 1153 well as offer assistance to other employees who request it. 1154 (f) EachThedistrict school board shall provide training 1155 programs that are based upon guidelines provided by the 1156 Department of Education to ensure that all individuals with 1157 evaluation responsibilities understand the proper use of the 1158 appraisalassessmentcriteria and procedures. 1159 (g) The system must differentiate among four levels of 1160 performance: unsatisfactory, needs improvement, effective, and 1161 highly effective. The Commissioner of Education shall consult 1162 with performance pay experts and classroom teachers in 1163 developing the performance levels. Beginning with the 2014-2015 1164 school year and thereafter, instructional personnel and school 1165 based administrators may not be rated as effective or highly 1166 effective if their students fail to demonstrate learning gains. 1167 (h) The system must include a process for monitoring the 1168 effective and consistent use of appraisal criteria by 1169 supervisors and administrators and a process for evaluating the 1170 effectiveness of the system itself in improving the level of 1171 instruction and learning in the district’s schools. 1172 (3) The appraisalassessmentprocedure for instructional 1173 personnel and school administrators must beprimarilybased on 1174 the performance of students assigned to their classrooms or 1175 schools, as described in paragraph (a)appropriate.Pursuant to1176this section,A school district’s performance appraisal 1177assessmentis not limited to basing unsatisfactory performance 1178 of instructional personnel and school administrators upon 1179 student performance, but may include other criteria approved to 1180 evaluateassessinstructional personnel and school 1181 administrators’ performance, or any combination of student 1182 performance and other approved criteria. The procedures must 1183 comply with, but are not limited to, the following requirements: 1184 (a) An appraisalassessmentmust be conducted for each 1185 employee at least once a year, except that an appraisal for each 1186 teacher, as described in s. 1012.22(1)(c)3., must be conducted 1187 at least twice a year.The assessment must be based upon sound1188educational principles and contemporary research in effective1189educational practices. The assessment must primarily use data1190and indicators of improvement in student performance assessed1191annually as specified in s.1008.22and may consider results of1192peer reviews in evaluating the employee’s performance. Student1193performance must be measured by state assessments required under1194s.1008.22and by local assessments for subjects and grade1195levels not measured by the state assessment program.The 1196 appraisalassessmentcriteria must include, but are not limited 1197 to, indicators that relate to the following: 1198 1. Performance of students. 1199 a. Beginning with the 2014-2015 school year and thereafter, 1200 for the classroom teacher, the learning gains of students 1201 assigned to the teacher must comprise more than 50 percent of 1202 the determination of the classroom teacher’s performance. 1203 Beginning with the 2014-2015 school year and thereafter, for 1204 instructional personnel, who are not classroom teachers, the 1205 learning gains of students assigned to the school must comprise 1206 more than 50 percent of the determination of the individual’s 1207 performance. A school district may use the learning gains of 1208 students assigned to the classroom teacher for the preceding 3 1209 years, or, for instructional personnel who are not classroom 1210 teachers, the learning gains of students assigned to the school 1211 for the preceding 3 years, to determine the individual’s 1212 performance. For purposes of this sub-subparagraph, “school” 1213 means the school to which the instructional personnel, who is 1214 not a classroom teacher, was assigned for the last 3 years. 1215 Student learning gains are measured by state assessments 1216 required under s. 1008.22, examinations in AP, IB, AICE, or a 1217 national industry certification identified in the Industry 1218 Certification Funding List pursuant to rules adopted by the 1219 State Board of Education, or district assessments for subject 1220 areas and grade levels as required under s. 1008.222. 1221 b. For instructional personnel, more than 50 percent of the 1222 determination of the individual’s performance must be based on 1223 the performance of students assigned to their classrooms or 1224 schools, as appropriate. Student performance must be measured by 1225 state assessments required under s. 1008.22 and by local 1226 assessments for subjects and grade levels not measured by the 1227 state assessment program. This sub-subparagraph expires July 1, 1228 2014. 1229 2. Instructional practice. For instructional personnel, 1230 performance criteria must be based on the Florida Educator 1231 Accomplished Practices adopted by the State Board of Education 1232 by rule, which include: 1233 a. Ability to maintain appropriate discipline. 1234 b.3.Knowledge of subject matter.The district school board1235shall make special provisions for evaluating teachers who are1236assigned to teach out-of-field.1237 c.4.Ability to plan and deliver effective instruction and 1238 the effective use of technology in the classroom. 1239 d.5.Ability to use assessment data and other evidence of 1240 student learning to design and implement differentiated 1241 instructional strategies in order to meet individual student 1242 needs for remediation or accelerationevaluate instructional1243needs. 1244 e.6.Ability to establish and maintain a positive 1245 collaborative relationship with students’ families to increase 1246 student achievement. 1247 f.7.Other professional competencies, responsibilities, and 1248 requirements as established by rules of the State Board of 1249 Education and policies of the district school board. 1250 3. Instructional leadership performance. 1251 a. Beginning with the 2014-2015 school year and thereafter, 1252 for a school-based administrator, the learning gains of students 1253 assigned to the school must comprise more than 50 percent of the 1254 determination of the school-based administrator’s performance. A 1255 school district may use the learning gains of students assigned 1256 to the school for the preceding 3 years to determine the school 1257 based administrator’s performance. For purposes of this sub 1258 subparagraph, “school” means the school to which the 1259 administrator was assigned for the last 3 years. Student 1260 learning gains are measured by state assessments required under 1261 s. 1008.22, examinations in AP, IB, AICE, or a national industry 1262 certification identified in the Industry Certification Funding 1263 List pursuant to rules adopted by the State Board of Education, 1264 or district assessments for subject areas and grade levels as 1265 required under s. 1008.222. 1266 b. For school-based administrators, more than 50 percent of 1267 the determination of the individual’s performance must be based 1268 on the performance of students assigned to their schools. 1269 Student performance must be measured by state assessments 1270 required under s. 1008.22 and by local assessments for subjects 1271 and grade levels not measured by the state assessment program. 1272 This sub-subparagraph expires July 1, 2014. 1273 4. Instructional leadership practice. For a school-based 1274 administrator, performance criteria must be based on the Florida 1275 Principal Leadership Standards adopted by the State Board of 1276 Education under s. 1012.986, which includes the ability to: 1277 a. Manage human, financial, and material resources so as to 1278 maximize the share of resources used for direct instruction, as 1279 opposed to overhead or other purposes; and 1280 b. Recruit and retain high-performing teachers. 1281 (b) All personnel must be fully informed of the criteria 1282 and procedures associated with the appraisalassessmentprocess 1283 before the appraisalassessmenttakes place. 1284 (c) The individual responsible for supervising the employee 1285 must evaluateassessthe employee’s performance. The evaluator 1286 must submit a written report of the appraisalassessmentto the 1287 district school superintendent for the purpose of reviewing the 1288 employee’s contract. The evaluator must submit the written 1289 report to the employee no later than 10 days after the appraisal 1290assessmenttakes place. The evaluator must discuss the written 1291 report of the appraisalassessmentwith the employee. The 1292 employee shall have the right to initiate a written response to 1293 the appraisalassessment, and the response shall become a 1294 permanent attachment to his or her personnel file. 1295 (d) If an employee is not performing his or her duties in a 1296 satisfactory manner, the evaluator shall notify the employee in 1297 writing of such determination. The notice must describe such 1298 unsatisfactory performance and include notice of the following 1299 procedural requirements: 1300 1. Upon delivery of a notice of unsatisfactory performance, 1301 the evaluator must confer with the employee, make 1302 recommendations with respect to specific areas of unsatisfactory 1303 performance, and provide assistance in helping to correct 1304 deficiencies within a prescribed period of time. 1305 2.a. If the employee holds an annual contract as provided 1306 in s. 1012.335, and receives an unsatisfactory performance 1307 appraisal pursuant to the criteria in subparagraph (a)2., the 1308 employee may request a review of the appraisal by the district 1309 school superintendent or his or her designee. The district 1310 school superintendent may review the employee’s appraisal. 1311 b. If the employee holds a professional service contract as 1312 provided in s. 1012.33, the employee shall be placed on 1313 performance probation and governed by the provisions of this 1314 section for 90 calendar days following the receipt of the notice 1315 of unsatisfactory performance to demonstrate corrective action. 1316 School holidays and school vacation periods are not counted when 1317 calculating the 90-calendar-day period. During the 90 calendar 1318 days, the employee who holds a professional service contract 1319 must be evaluated periodically and apprised of progress achieved 1320 and must be provided assistance and inservice training 1321 opportunities to help correct the noted performance 1322 deficiencies. At any time during the 90 calendar days, the 1323 employee who holds a professional service contract may request a 1324 transfer to another appropriate position with a different 1325 supervising administrator; however, a transfer does not extend 1326 the period for correcting performance deficiencies. 1327 c.b.Within 14 days after the close of the 90 calendar 1328 days, the evaluator must evaluateassesswhether the performance 1329 deficiencies have been corrected and forward a recommendation to 1330 the district school superintendent. Within 14 days after 1331 receiving the evaluator’s recommendation, the district school 1332 superintendent must notify the employee who holds a professional 1333 service contract in writing whether the performance deficiencies 1334 have been satisfactorily corrected and whether the district 1335 school superintendent will recommend that the district school 1336 board continue or terminate his or her employment contract. If 1337 the employee wishes to contest the district school 1338 superintendent’s recommendation, the employee must, within 15 1339 days after receipt of the district school superintendent’s 1340 recommendation, submit a written request for a hearing. The 1341 hearing shall be conducted at the district school board’s 1342 election in accordance with one of the following procedures: 1343 (I) A direct hearing conducted by the district school board 1344 within 60 days after receipt of the written appeal. The hearing 1345 shall be conducted in accordance with the provisions of ss. 1346 120.569 and 120.57. A majority vote of the membership of the 1347 district school board shall be required to sustain the district 1348 school superintendent’s recommendation. The determination of the 1349 district school board shall be final as to the sufficiency or 1350 insufficiency of the grounds for termination of employment; or 1351 (II) A hearing conducted by an administrative law judge 1352 assigned by the Division of Administrative Hearings of the 1353 Department of Management Services. The hearing shall be 1354 conducted within 60 days after receipt of the written appeal in 1355 accordance with chapter 120. The recommendation of the 1356 administrative law judge shall be made to the district school 1357 board. A majority vote of the membership of the district school 1358 board shall be required to sustain or change the administrative 1359 law judge’s recommendation. The determination of the district 1360 school board shall be final as to the sufficiency or 1361 insufficiency of the grounds for termination of employment. 1362 (4) The district school superintendent shall notify the 1363 department of any instructional personnel who receive two 1364 consecutive unsatisfactory evaluations and who have been given 1365 written notice by the district that their employment is being 1366 terminated or is not being renewed or that the district school 1367 board intends to terminate, or not renew, their employment. The 1368 department shall conduct an investigation to determine whether 1369 action shall be taken against the certificateholder pursuant to 1370 s. 1012.795(1)(c). 1371 (5) The district school superintendent shall develop a 1372 mechanism for evaluating the effective use of appraisal 1373assessmentcriteria and evaluation procedures by administrators 1374 who are assigned responsibility for evaluating the performance 1375 of instructional personnel. The use of the appraisalassessment1376 and evaluation procedures shall be considered as part of the 1377 annual appraisalassessmentof the administrator’s performance. 1378 The system must include a mechanism to give parents and teachers 1379 an opportunity to provide input into the administrator’s 1380 performance assessment, when appropriate. 1381 (6) Nothing in this section shall be construed to grant a 1382 probationary employee a right to continued employment beyond the 1383 term of his or her contract. 1384 (7) The district school board shall establish a procedure 1385 annually reviewing instructional personnel appraisalassessment1386 systems to determine compliance with this section. All 1387 substantial revisions to an approved system must be reviewed and 1388 approved by the district school board before being used to 1389 evaluateassessinstructional personnel. Upon request by a 1390 school district, the department shall provide assistance in 1391 developing, improving, or reviewing an appraisalassessment1392 system. 1393 (8) The State Board of Education shall adopt rules pursuant 1394 to ss. 120.536(1) and 120.54, that establish uniform guidelines 1395 for the submission, review, and approval of district procedures 1396 for the annual appraisalassessmentof instructional personnel 1397 and school-based administrative personnel and that include the 1398 method of calculating rates of student learning tied to 1399 differentiated levels of performance as provided for in 1400 paragraph (2)(g) and criteria for evaluating professional 1401 performance. 1402 Section 28. Subsection (3) is added to section 1012.42, 1403 Florida Statutes, to read: 1404 1012.42 Teacher teaching out-of-field.— 1405 (3) CERTIFICATION REQUIREMENTS.—Beginning in the 2010-2011 1406 school year, a district school board shall not assign any 1407 beginning teacher to teach reading, science, or mathematics if 1408 he or she is not certified in reading, science, or mathematics. 1409 Section 29. Section 1012.52, Florida Statutes, is repealed. 1410 Section 30. Paragraph (c) of subsection (2), subsections 1411 (5), (6), and (7), paragraph (b) of subsection (9), and 1412 subsection (17) of section 1012.56, Florida Statutes, are 1413 amended to read: 1414 1012.56 Educator certification requirements.— 1415 (2) ELIGIBILITY CRITERIA.—To be eligible to seek 1416 certification, a person must: 1417 (c) Document receipt of a bachelor’s or higher degree from 1418 an accredited institution of higher learning, or a nonaccredited 1419 institution of higher learning that the Department of Education 1420 has identified as having a quality program resulting in a 1421 bachelor’s degree, or higher. Each applicant seeking initial 1422 certification must have attained at least a 2.5 overall grade 1423 point average on a 4.0 scale in the applicant’s major field of 1424 study. The applicant may document the required education by 1425 submitting official transcripts from institutions of higher 1426 education or by authorizing the direct submission of such 1427 official transcripts through established electronic network 1428 systems. The bachelor’s or higher degree may not be required in 1429 areas approved in rule by the State Board of Education as 1430 nondegreed areas. The State Board of Education may adopt rules 1431 that, for purposes of demonstrating completion of certification 1432 requirements specified in state board rule, allow for the 1433 acceptance of college course credits recommended by the American 1434 Council on Education (ACE), as posted on an official ACE 1435 transcript. 1436 (5) MASTERY OF SUBJECT AREA KNOWLEDGE.—Acceptable means of 1437 demonstrating mastery of subject area knowledge are: 1438 (a) Achievement of passing scores on subject area 1439 examinations required by state board rule, which may include, 1440 but need not be limited to, world languages in Arabic, Chinese, 1441 Farsi, French, German, Greek, Haitian Creole, Hebrew, Hindi, 1442 Italian, Japanese, Portuguese, Russian, and Spanish; 1443 (b) Completion of a bachelor’s degree or higher and 1444 verification of the attainment of an oral proficiency interview 1445 score above the intermediate level and a written proficiency 1446 score above the intermediate level on a test administered by the 1447 American Council on the Teaching of Foreign Languages for which 1448 there is no Florida-developed examination; 1449 (c) Completion of the subject area specialization 1450 requirements specified in state board rule and verification of 1451 the attainment of the essential subject matter competencies by 1452 the district school superintendent of the employing school 1453 district or chief administrative officer of the employing state 1454 supported or private school for a subject area for which a 1455 subject area examination has not been developed and required by 1456 state board rule; 1457 (d) Completion of the subject area specialization 1458 requirements specified in state board rule for a subject 1459 coverage requiring a master’s or higher degree and achievement 1460 of a passing score on the subject area examination specified in 1461 state board rule; 1462 (e) A valid professional standard teaching certificate 1463 issued by another state and achievement of a passing score on 1464 the subject area exam specified in State Board of Education rule 1465 or by a full demonstration of mastery of his or her ability to 1466 teach the subject area for which he or she is seeking 1467 certification, as provided by rules of the State Board of 1468 Education; or 1469 (f) A valid certificate issued by the National Board for 1470 Professional Teaching Standards or a national educator 1471 credentialing board approved by the State Board of Education. 1472 1473 School districts are encouraged to provide mechanisms for those 1474 middle school teachers holding only a K-6 teaching certificate 1475 to obtain a subject area coverage for middle grades through 1476 postsecondary coursework or district add-on certification. 1477 (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 1478 COMPETENCE.—Acceptable means of demonstrating mastery of 1479 professional preparation and education competence are: 1480 (a) Completion of an approved teacher preparation program 1481 at a postsecondary educational institution within this state and 1482 achievement of a passing score on the professional education 1483 competency examination required by state board rule; 1484 (b) Completion of a teacher preparation program at a 1485 postsecondary educational institution outside Florida and 1486 achievement of a passing score on the professional education 1487 competency examination required by state board rule; 1488 (c) A valid professional standard teaching certificate 1489 issued by another state; 1490 (d) A valid certificate issued by the National Board for 1491 Professional Teaching Standards or a national educator 1492 credentialing board approved by the State Board of Education; 1493 (e) Documentation of two semesters of successful teaching 1494 in a community college, state university, or private college or 1495 university that awards an associate or higher degree and is an 1496 accredited institution or an institution of higher education 1497 identified by the Department of Education as having a quality 1498 program; 1499 (f) Completion of professional preparation courses as 1500 specified in state board rule, successful completion of a 1501 professional education competence demonstration program pursuant 1502 to paragraph (8)(b), and achievement of a passing score on the 1503 professional education competency examination required by state 1504 board rule; 1505 (g) Successful completion of a professional preparation 1506 alternative certification and education competency program, 1507 outlined in paragraph (8)(a);or1508 (h) Successful completion of an alternative certification 1509 program pursuant to s. 1004.85 and achievement of a passing 1510 score on the professional education competency examination 1511 required by rule of the State Board of Education; or.1512 (i) Successful completion of a professional education 1513 training program provided by Teach for America and achievement 1514 of a passing score on the professional education competency 1515 examination required by rule of the State Board of Education. 1516 (7) TYPES AND TERMS OF CERTIFICATION.— 1517 (a) The Department of Education shall issue a professional 1518 certificate for a period not to exceed 5 years to any applicant 1519 who meets all the requirements outlined in subsection (2). 1520 (b) The department shall issue a temporary certificate to 1521 any applicant who meets the following requirements: 1522 1. Completes the requirements outlined in paragraphs 1523 (2)(a)-(f);and1524 2.a. Completes the subject area content requirements 1525 specified in state board rule; or 1526 b. Demonstrates mastery of subject area knowledge pursuant 1527 to subsection (5); and 1528 3. Holds an accredited degree or a degree approved by the 1529 Department of Education at the level required for the subject 1530 area specialization in state board rule. 1531 (c) The department shall issue one nonrenewable 2-year 1532 temporary certificate and one nonrenewable 5-year professional 1533 certificate to a qualified applicant who holds a bachelor’s 1534 degree in the area of speech-language impairment to allow for 1535 completion of a master’s degree program in speech-language 1536 impairment. 1537 1538 Each temporary certificate is valid for 3 school fiscal years 1539 and is nonrenewable. However, the requirement in paragraphs 1540paragraph(2)(g) and (h) must be met within 1 calendar year of 1541 the date of employment under the temporary certificate. 1542 Individuals who are employed under contract at the end of the 1 1543 calendar year time period may continue to be employed through 1544 the end of the school year in which they have been contracted. A 1545 school district shall not employ, or continue the employment of, 1546 an individual in a position for which a temporary certificate is 1547 required beyond this time period if the individual has not met 1548 the requirement of paragraph (2)(g) or paragraph (2)(h). The 1549 State Board of Education shall adopt rules to allow the 1550 department to extend the validity period of a temporary 1551 certificate for 2 years when the requirements for the 1552 professional certificate, not including the requirement in 1553 paragraph (2)(g) or paragraph (2)(h), were not completed due to 1554 the serious illness or injury of the applicant or other 1555 extraordinary extenuating circumstances. The department shall 1556 reissue the temporary certificate for 2 additional years upon 1557 approval by the Commissioner of Education. A written request for 1558 reissuance of the certificate shall be submitted by the district 1559 school superintendent, the governing authority of a university 1560 lab school, the governing authority of a state-supported school, 1561 or the governing authority of a private school. 1562 (9) EXAMINATIONS.— 1563 (b) The State Board of Education shall, by rule, specify 1564 the examination scores that are required for the issuance of a 1565 professional certificate and temporary certificate. Such rules 1566 must define generic subject area and reading instruction 1567 competencies and must establish uniform evaluation guidelines. 1568 The State Board of Education shall review the current subject 1569 area examinations and, if necessary, revise the passing scores 1570 and reading instruction pursuant to s. 1001.215 required for 1571 achieving certification in order to match expectations for 1572 teacher competency in each subject area. 1573 (17) COMPARISON OF ROUTES TO A PROFESSIONAL CERTIFICATE. 1574Beginning with the 2003-2004 school year,The Department of 1575 Education shall conduct a longitudinal study to compare 1576 performance of certificateholders who are employed in Florida 1577 school districts. The study shall comparea sampling of1578 educators who have qualified for a professional certificate 1579since July 1, 2002,based on the following: 1580 (a) Graduation from a state-approved teacher preparation 1581 program. 1582 (b) Completion of a state-approved professional preparation 1583 and education competency program. 1584 (c) A valid standard teaching certificate issued by a state 1585 other than Florida. 1586 1587 The department comparisons shall be made to determine if there 1588 is any significant difference in the performance of these groups 1589 of teachers, as measured by their students’ achievement levels 1590 and learning gains as measured by s. 1008.22. 1591 Section 31. Paragraph (b) of subsection (2) and subsection 1592 (5) of section 1012.585, Florida Statutes, are amended, and 1593 subsection (6) is added to that section, to read: 1594 1012.585 Process for renewal of professional certificates.— 1595 (2) 1596 (b) A teacher with national certification from the National 1597 Board for Professional Teaching Standards is deemed to meet 1598 state renewal requirementsfor the life of the teacher’s1599national certificatein the subject shown on the national 1600 certificate. A complete renewal application and fee shall be 1601 submitted. The Commissioner of Education shall notify teachers 1602 of the renewal application and fee requirements. This paragraph 1603 expires July 1, 2014. 1604 (5) The State Board of Education shall adopt rules to allow 1605 the reinstatement of expired professional certificates. The 1606 department may reinstate an expired professional certificate if 1607 the certificateholder: 1608 (a) Submits an application for reinstatement of the expired 1609 certificate. 1610 (b) Documents completion of 6 college credits during the 5 1611 years immediately preceding reinstatement of the expired 1612 certificate, completion of 120 inservice points, or a 1613 combination thereof, in an area specified in paragraph (3)(a). 1614 (c) Meets the requirements in subsection (6). 1615 (d)(c)During the 5 years immediately preceding 1616 reinstatement of the certificate, achieves a passing score on 1617 the subject area test for each subject to be shown on the 1618 reinstated certificate. 1619 1620 The requirements of this subsection may not be satisfied by 1621 subject area tests or college credits completed for issuance of 1622 the certificate that has expired. 1623 (6) Beginning with the 2014-2015 school year, the 1624 requirements for the renewal of a professional certificate shall 1625 include documentation of effective or highly effective 1626 performance as demonstrated under s. 1012.34 for at least 4 of 1627 the preceding 5 years before the renewal certification is 1628 sought. The State Board of Education shall adopt rules to define 1629 the process for documenting effective performance under this 1630 subsection, including equivalent options for individuals who 1631 have not been evaluated under s. 1012.34. An individual’s 1632 certificate shall expire if the individual is not able to 1633 demonstrate effective performance as required under this 1634 subsection and the rules of the state board. The individual may 1635 apply to reinstate his or her professional certificate under 1636 subsection (5). 1637 Section 32. Subsection (2) of section 1012.72, Florida 1638 Statutes, is amended to read: 1639 1012.72 Dale Hickam Excellent Teaching Program.— 1640 (2) The Dale Hickam Excellent Teaching Program is created 1641 to provide categorical funding for bonuses for teaching 1642 excellence. The bonuses may be provided for initial 1643 certification for up to one 10-year period for individuals 1644 holding NBPTS certification on July 1, 2010, and who remain 1645 continuously employed in a public school in this state or the 1646 Florida School for the Deaf and the Blind. The Department of 1647 Education shall distribute to each school district an amount as 1648 prescribed annually by the Legislature for the Dale Hickam 1649 Excellent Teaching Program. For purposes of this section, the 1650 Florida School for the Deaf and the Blind shall be considered a 1651 school district. Unless otherwise provided in the General 1652 Appropriations Act, each distribution shall be the sum of the 1653 amounts earned for the following: 1654 (a) An annual bonus equal to 10 percent of the prior fiscal 1655 year’s statewide average salary for classroom teachers to be 1656 distributed to the school district to be paid to each individual 1657 who holds NBPTS certification and is employed by the district 1658 school board or by a public school within the school district. 1659 The district school board shall distribute the annual bonus to 1660 each individual who meets the requirements of this paragraph and 1661 who is certified annually by the district to have demonstrated 1662 satisfactory teaching performance pursuant to s. 1012.34. The 1663 annual bonus may be paid as a single payment or divided into not 1664 more than three payments. 1665 (b) An annual bonus equal to 10 percent of the prior fiscal 1666 year’s statewide average salary for classroom teachers to be 1667 distributed to the school district to be paid to each individual 1668 who meets the requirements of paragraph (a) and agrees, in 1669 writing, to provide the equivalent of 12 workdays of mentoring 1670 and related services to public school teachers within the state 1671 who do not hold NBPTS certification. Related services must 1672 include instruction in helping teachers work more effectively 1673 with the families of their students. The district school board 1674 shall distribute the annual bonus in a single payment following 1675 the completion of all required mentoring and related services 1676 for the year. It is not the intent of the Legislature to remove 1677 excellent teachers from their assigned classrooms; therefore, 1678 credit may not be granted by a school district or public school 1679 for mentoring or related services provided during student 1680 contact time during the 196 days of required service for the 1681 school year. 1682 (c) The employer’s share of social security and Medicare 1683 taxes for those teachers who receive bonus amounts under 1684 paragraph (a) or paragraph (b). 1685 Section 33. Subsection (1) of section 1012.79, Florida 1686 Statutes, is amended to read: 1687 1012.79 Education Practices Commission; organization.— 1688 (1) The Education Practices Commission consists of 25 1689 members, including 118teachers; 5 administrators, at least one 1690 of whom mayshallrepresent a private school; 57lay citizens, 1691 35of whom shall be parents of public school students and who 1692 are unrelated to public school employees and 2 of whom shall be 1693 former district school board members; and 45sworn law 1694 enforcement officials, appointed by the State Board of Education 1695 from nominations by the Commissioner of Education and subject to 1696 Senate confirmation. Prior to making nominations, the 1697 commissioner shall consult with teaching associations, parent 1698 organizations, law enforcement agencies, and other involved 1699 associations in the state. In making nominations, the 1700 commissioner shall attempt to achieve equal geographical 1701 representation, as closely as possible. 1702 (a) A teacher member, in order to be qualified for 1703 appointment: 1704 1. Must be certified to teach in the state. 1705 2. Must be a resident of the state. 1706 3. Must have practiced the professionin this statefor at 1707 least 10 years, with at least 5 years of experience in this 1708 state immediately preceding the appointment. 1709 (b) A school administrator member, in order to be qualified 1710 for appointment: 1711 1. Must have an endorsement on the educator certificate in 1712 the area of school administration or supervision. 1713 2. Must be a resident of the state. 1714 3. Must have practiced the profession as an administrator 1715 for at least 5 years immediately preceding the appointment. 1716 (c) The lay members must be residents of the state. 1717 (d) The law enforcement official members must have served 1718 in the profession for at least 5 years immediately preceding 1719 appointment and have background expertise in child safety. 1720 Section 34. Paragraph (h) of subsection (1) of section 1721 1012.795, Florida Statutes, is amended to read: 1722 1012.795 Education Practices Commission; authority to 1723 discipline.— 1724 (1) The Education Practices Commission may suspend the 1725 educator certificate of any person as defined in s. 1012.01(2) 1726 or (3) for up to 5 years, thereby denying that person the right 1727 to teach or otherwise be employed by a district school board or 1728 public school in any capacity requiring direct contact with 1729 students for that period of time, after which the holder may 1730 return to teaching as provided in subsection (4); may revoke the 1731 educator certificate of any person, thereby denying that person 1732 the right to teach or otherwise be employed by a district school 1733 board or public school in any capacity requiring direct contact 1734 with students for up to 10 years, with reinstatement subject to 1735 the provisions of subsection (4); may revoke permanently the 1736 educator certificate of any person thereby denying that person 1737 the right to teach or otherwise be employed by a district school 1738 board or public school in any capacity requiring direct contact 1739 with students; may suspend the educator certificate, upon an 1740 order of the court or notice by the Department of Revenue 1741 relating to the payment of child support; or may impose any 1742 other penalty provided by law, if the person: 1743 (h) Has breached a contract, as provided in s. 1012.33(2) 1744 or s. 1012.335. 1745 Section 35. Review of teacher preparation program funding.— 1746 (1) The Department of Education, in collaboration with the 1747 Board of Governors, shall develop a methodology to determine the 1748 cost-effectiveness of the teacher preparation programs in ss. 1749 1004.04, 1004.85, and 1012.56(8), Florida Statutes. The 1750 methodology for determining program costs must use existing 1751 expenditure data, when available. 1752 (2) On or before December 1, 2011, the Department of 1753 Education shall submit a report to the Governor, the President 1754 of the Senate, and the Speaker of the House of Representatives 1755 which: 1756 (a) Provides a methodology to evaluate the cost 1757 effectiveness of teacher preparation programs based on program 1758 costs, program outcomes of student cohorts such as completion 1759 rates, placement rates in teaching jobs, retention rates in the 1760 classroom, and student achievement and learning gains of 1761 students taught by graduates; 1762 (b) Uses the methodology developed to evaluate the cost 1763 effectiveness of the state’s teacher preparation programs; and 1764 (c) Provides recommendations that would enhance the 1765 Legislature’s ability to consider the program’s productivity 1766 when allocating funds. 1767 (3) The Office of Program Policy Analysis and Government 1768 Accountability shall review the current standards for the 1769 continued approval of teacher preparation programs and make 1770 recommendations to the Legislature on or before January 1, 2012, 1771 for any needed changes. Such recommendations shall include 1772 proposed changes to the allocation of any state funds to teacher 1773 preparation programs and the students enrolled in these 1774 programs. 1775 Section 36. (1) Any school district that received a grant 1776 of at least $75 million from a private foundation for the 1777 purpose of improving the effectiveness of teachers within the 1778 school district may seek an annual exemption from the State 1779 Board of Education of ss. 1008.222, 1011.626, Florida Statutes, 1780 as created by this act, and the amendments to ss. 1012.22 and 1781 1012.34, Florida Statutes, as amended by this act. 1782 (2) To receive approval from the State Board of Education 1783 for an exemption under this section, a school district must 1784 demonstrate to the State Board of Education that it is 1785 implementing the following: 1786 (a) A teacher appraisal system that uses student 1787 performance as the single greatest component of the teacher’s 1788 evaluation. 1789 (b) A teacher compensation system that awards salary 1790 increases based on sustained student performance. 1791 (c) A teacher contract system that awards contracts based 1792 on student performance. 1793 (3) The State Board of Education shall annually renew a 1794 school district’s exemption if the school district provides a 1795 progress report that demonstrates that the school district 1796 continues to meet the requirements of subsection (2). 1797 (4) The State Board of Education shall adopt rules pursuant 1798 to ss. 120.536(1) and 120.54, Florida Statutes, to establish the 1799 procedures for applying for an exemption under this section. 1800 Section 37. If any provision of this act or its application 1801 to any person or circumstance is held invalid, the invalidity 1802 does not affect other provisions or applications of the act 1803 which can be given effect without the invalid provision or 1804 application, and to this end the provisions of this act are 1805 severable. 1806 Section 38. The amendments to s. 1012.33, Florida Statutes, 1807 shall apply to contracts newly entered into, extended, or 1808 readopted on or after July 1, 2010, and to all contracts on or 1809 after July 1, 2013. 1810 Section 39. Except as otherwise expressly provided in this 1811 act, this act shall take effect July 1, 2010.