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 and 
  201  an impasse is declared under subsection (1) involving a dispute 
  202  of a Merit Award Program plan under s. 1012.225, the dispute is 
  203  subject to an expedited impasse hearing. Notwithstanding 
  204  subsections (3), (4), and (5), and the rules adopted by the 
  205  commission, the following procedures shall apply: 
  206         1.a.The commission shall furnish the names of seven 
  207  special magistrates within 5 days after receiving notice of 
  208  impasse. If the parties are unable to agree upon a special 
  209  magistrate within 5 days after the date of the letter 
  210  transmitting the list of choices, the commission shall 
  211  immediately appoint a special magistrate. The special magistrate 
  212  shall set the hearing, which shall be held no later than 15 days 
  213  after the date of appointment of the special magistrate. Within 
  214  5 days after the date of appointment of a special magistrate, 
  215  each party shall serve upon the special magistrate and upon each 
  216  other party a written list of issues at impasse. 
  217         b.At the close of the hearing, the parties shall summarize 
  218  their arguments and may provide a written memorandum in support 
  219  of their positions. 
  220         c.Within 10 days after the close of the hearing, the 
  221  special magistrate shall transmit a recommended decision to the 
  222  commission and the parties. 
  223         d.The recommended decision of the special magistrate shall 
  224  be deemed accepted by the parties, except as to those 
  225  recommendations that a party specifically rejects, by filing a 
  226  written notice with the commission and serving a copy on the 
  227  other party within 5 days after the date of the recommended 
  228  decision. 
  229         2.If a party rejects any part of the recommended decision 
  230  of the special magistrate, the parties shall proceed directly to 
  231  resolution of the impasse by the district school board pursuant 
  232  to paragraph (4)(d). 
  233         Section 3. Paragraph (c) is added to subsection (16) of 
  234  section 1002.33, Florida Statutes, paragraph (a) of subsection 
  235  (20) of that section is amended, present subsection (26) of that 
  236  section is redesignated as subsection (27), and a new subsection 
  237  (26) is added to that section, to read: 
  238         1002.33 Charter schools.— 
  239         (16) EXEMPTION FROM STATUTES.— 
  240         (c) A charter school shall also comply with the following: 
  241         1. A charter school may not award a professional service 
  242  contract or similar contract to a classroom teacher hired on or 
  243  after July 1, 2010. 
  244         2. Beginning with the 2014-2015 school year and thereafter, 
  245  a charter school must adopt a salary schedule for instructional 
  246  personnel and school-based administrators which compensates 
  247  instructional personnel and school-based administrators based on 
  248  their performance. Salary adjustments for instructional 
  249  personnel and school-based administrators must be based only on 
  250  performance demonstrated under s. 1012.34. A charter school may 
  251  not use length of service or degrees held by instructional 
  252  personnel or school-based administrators as a factor in setting 
  253  the salary schedule. 
  254         3. A charter school must meet the following requirements: 
  255         a. Administer assessments that comply with s. 1008.222. 
  256  However, a charter school may use its own assessments if the 
  257  assessments comply with s. 1008.222; 
  258         b. Maintain the security and integrity of end-of-course 
  259  assessments developed or acquired pursuant to s. 1008.222; and 
  260         c. Adopt a performance appraisal system that complies with 
  261  s. 1012.34. 
  262         (20) SERVICES.— 
  263         (a) A sponsor shall provide certain administrative and 
  264  educational services to charter schools. These services shall 
  265  include contract management services; full-time equivalent and 
  266  data reporting services; exceptional student education 
  267  administration services; services related to eligibility and 
  268  reporting duties required to ensure that school lunch services 
  269  under the federal lunch program, consistent with the needs of 
  270  the charter school, are provided by the school district at the 
  271  request of the charter school, that any funds due to the charter 
  272  school under the federal lunch program be paid to the charter 
  273  school as soon as the charter school begins serving food under 
  274  the federal lunch program, and that the charter school is paid 
  275  at the same time and in the same manner under the federal lunch 
  276  program as other public schools serviced by the sponsor or the 
  277  school district; test administration services, including payment 
  278  of the costs of state-required or district-required student 
  279  assessments; processing of teacher certificate data services; 
  280  and information services, including equal access to student 
  281  information systems that are used by public schools in the 
  282  district in which the charter school is located. Student 
  283  performance data for each student in a charter school, 
  284  including, but not limited to, FCAT scores, standardized test 
  285  scores, previous public school student report cards, and student 
  286  performance measures, shall be provided by the sponsor to a 
  287  charter school in the same manner provided to other public 
  288  schools in the district. A total administrative fee for the 
  289  provision of such services shall be calculated based upon up to 
  290  5 percent of the available funds defined in paragraph (17)(b) 
  291  for all students. However, a sponsor may only withhold up to a 
  292  5-percent administrative fee for enrollment for up to and 
  293  including 500 students. For charter schools with a population of 
  294  501 or more students, the difference between the total 
  295  administrative fee calculation and the amount of the 
  296  administrative fee withheld may only be used for capital outlay 
  297  purposes specified in s. 1013.62(2). Each charter school shall 
  298  receive 100 percent of the funds awarded to that school pursuant 
  299  to s. 1012.225. Sponsors shall not charge charter schools any 
  300  additional fees or surcharges for administrative and educational 
  301  services in addition to the maximum 5-percent administrative fee 
  302  withheld pursuant to this paragraph. 
  303         (26) FUNDING AND COMPLIANCE.— 
  304         (a) Effective with the beginning of the 2011-2012 year, and 
  305  each year thereafter, the Commissioner of Education shall 
  306  calculate and distribute funds from the Performance Fund for 
  307  Instructional Personnel and School-Based Administrators in s. 
  308  1011.626 to charter schools in the same manner as for school 
  309  districts. Charter schools must meet the requirements in s. 
  310  1011.626(5). 
  311         (b) By September 15 of each year, each charter school 
  312  governing board shall certify to the Commissioner of Education 
  313  that its school meets the requirements in paragraph (16)(c). The 
  314  commissioner shall verify compliance with paragraph (16)(c) by 
  315  selecting a sample of charter schools each year to provide 
  316  information to determine compliance. On or before October 1 of 
  317  each year, a selected charter school must submit the requested 
  318  information to the commissioner. On or before December 15 of 
  319  each year, the commissioner shall complete a review of each 
  320  selected charter school for that school year, determine 
  321  compliance with paragraph (16)(c), and notify each charter 
  322  school governing board and sponsor if the charter school is not 
  323  in compliance with paragraph (16)(c). The commissioner shall 
  324  certify the charter schools that do not comply with paragraph 
  325  (16)(c) to the Governor, the President of the Senate, and the 
  326  Speaker of the House of Representative on or before February 15 
  327  of each year. Each certified charter school shall receive a 
  328  funding adjustment of state funds equivalent to 5 percent of the 
  329  total Florida Education Finance Program funds provided in the 
  330  General Appropriations Act for the charter school. Such funding 
  331  adjustment shall be implemented through the withholding of funds 
  332  to which the charter school is entitled. 
  333         Section 4. Subsection (10) of section 1003.52, Florida 
  334  Statutes, is amended to read: 
  335         1003.52 Educational services in Department of Juvenile 
  336  Justice programs.— 
  337         (10) The district school board shall recruit and train 
  338  teachers who are interested, qualified, or experienced in 
  339  educating students in juvenile justice programs. Students in 
  340  juvenile justice programs shall be provided a wide range of 
  341  educational programs and opportunities including textbooks, 
  342  technology, instructional support, and other resources available 
  343  to students in public schools. Teachers assigned to educational 
  344  programs in juvenile justice settings in which the district 
  345  school board operates the educational program shall be selected 
  346  by the district school board in consultation with the director 
  347  of the juvenile justice facility. Educational programs in 
  348  juvenile justice facilities shall have access to the substitute 
  349  teacher pool utilized by the district school board. Full-time 
  350  teachers working in juvenile justice schools, whether employed 
  351  by a district school board or a provider, shall be eligible for 
  352  the critical teacher shortage tuition reimbursement program as 
  353  defined by s. 1009.58 and other teacher recruitment and 
  354  retention programs. 
  355         Section 5. Section 1003.62, Florida Statutes, is repealed. 
  356         Section 6. Paragraph (h) of subsection (2) of section 
  357  1003.621, Florida Statutes, is amended to read: 
  358         1003.621 Academically high-performing school districts.—It 
  359  is the intent of the Legislature to recognize and reward school 
  360  districts that demonstrate the ability to consistently maintain 
  361  or improve their high-performing status. The purpose of this 
  362  section is to provide high-performing school districts with 
  363  flexibility in meeting the specific requirements in statute and 
  364  rules of the State Board of Education. 
  365         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically 
  366  high-performing school district shall comply with all of the 
  367  provisions in chapters 1000-1013, and rules of the State Board 
  368  of Education which implement these provisions, pertaining to the 
  369  following: 
  370         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to 
  371  differentiated pay and performance-pay policies for school 
  372  administrators and instructional personnel, and s. 1012.34, 
  373  relating to appraisal procedures and criteria. Professional 
  374  service contracts are subject to the provisions of s. ss. 
  375  1012.33 and 1012.34. Contracts with classroom teachers hired on 
  376  or after July 1, 2010, are subject to s. 1012.335. 
  377         Section 7. Section 1003.63, Florida Statutes, is repealed. 
  378         Section 8. Paragraph (b) of subsection (4) and subsections 
  379  (5) and (6) of section 1004.04, Florida Statutes, are amended to 
  380  read: 
  381         1004.04 Public accountability and state approval for 
  382  teacher preparation programs.— 
  383         (4) INITIAL STATE PROGRAM APPROVAL.— 
  384         (b) Each teacher preparation program approved by the 
  385  Department of Education, as provided for by this section, shall 
  386  require students to meet the following as prerequisites for 
  387  admission into the program: 
  388         1. Have a grade point average of at least 2.5 on a 4.0 
  389  scale for the general education component of undergraduate 
  390  studies or have completed the requirements for a baccalaureate 
  391  degree with a minimum grade point average of 2.5 on a 4.0 scale 
  392  from any college or university accredited by a regional 
  393  accrediting association as defined by State Board of Education 
  394  rule or any college or university otherwise approved pursuant to 
  395  State Board of Education rule. 
  396         2. Demonstrate mastery of general knowledge, including the 
  397  ability to read, write, and compute, by passing the General 
  398  Knowledge Test of the Florida Teacher Certification Examination, 
  399  the College Level Academic Skills Test, a corresponding 
  400  component of the National Teachers Examination series, or a 
  401  similar test pursuant to rules of the State Board of Education. 
  402   
  403  Each teacher preparation program may waive these admissions 
  404  requirements for up to 10 percent of the students admitted. 
  405  Programs shall implement strategies to ensure that students 
  406  admitted under a waiver receive assistance to demonstrate 
  407  competencies to successfully meet requirements for 
  408  certification. 
  409         (5) CONTINUED PROGRAM APPROVAL.—Notwithstanding subsection 
  410  (4), failure by a public or nonpublic teacher preparation 
  411  program to meet the criteria for continued program approval 
  412  shall result in loss of program approval. The Department of 
  413  Education, in collaboration with the departments and colleges of 
  414  education, shall develop procedures for continued program 
  415  approval that document the continuous improvement of program 
  416  processes and graduates’ performance. 
  417         (a) Continued approval of specific teacher preparation 
  418  programs at each public and nonpublic postsecondary educational 
  419  institution within the state is contingent upon a determination 
  420  by the Department of Education of student learning gains, as 
  421  measured by state assessments required under s. 1008.22. 
  422         (b)(a) Continued approval of specific teacher preparation 
  423  programs at each public and nonpublic postsecondary educational 
  424  institution within the state is contingent upon the passing of 
  425  the written examination required by s. 1012.56 by at least 90 
  426  percent of the graduates of the program who take the 
  427  examination. The Department of Education shall annually provide 
  428  an analysis of the performance of the graduates of such 
  429  institution with respect to the competencies assessed by the 
  430  examination required by s. 1012.56. 
  431         (c)(b) Additional criteria for continued program approval 
  432  for public institutions may be approved by the State Board of 
  433  Education. Such criteria must emphasize instruction in classroom 
  434  management and must provide for the evaluation of the teacher 
  435  candidates’ performance in this area. The criteria shall also 
  436  require instruction in working with underachieving students. 
  437  Program evaluation procedures must include, but are not limited 
  438  to, program graduates’ satisfaction with instruction and the 
  439  program’s responsiveness to local school districts. Additional 
  440  criteria for continued program approval for nonpublic 
  441  institutions shall be developed in the same manner as for public 
  442  institutions; however, such criteria must be based upon 
  443  significant, objective, and quantifiable graduate performance 
  444  measures. Responsibility for collecting data on outcome measures 
  445  through survey instruments and other appropriate means shall be 
  446  shared by the postsecondary educational institutions and the 
  447  Department of Education. By January 1 of each year, the 
  448  Department of Education shall report this information for each 
  449  postsecondary educational institution that has state-approved 
  450  programs of teacher education to the Governor, the State Board 
  451  of Education, the Board of Governors, the Commissioner of 
  452  Education, the President of the Senate, the Speaker of the House 
  453  of Representatives, all Florida postsecondary teacher 
  454  preparation programs, and interested members of the public. This 
  455  report must analyze the data and make recommendations for 
  456  improving teacher preparation programs in the state. 
  457         (d)(c) Continued approval for a teacher preparation program 
  458  is contingent upon the results of periodic reviews, on a 
  459  schedule established by the State Board of Education, of the 
  460  program conducted by the postsecondary educational institution, 
  461  using procedures and criteria outlined in an institutional 
  462  program evaluation plan approved by the Department of Education, 
  463  which must include the program’s review of and response to the 
  464  effect of its candidates and graduates on K-12 student learning. 
  465  This plan must also incorporate and respond to the criteria 
  466  established in paragraphs (a) and (b) and (c) and include 
  467  provisions for involving primary stakeholders, such as program 
  468  graduates, district school personnel, classroom teachers, 
  469  principals, community agencies, and business representatives in 
  470  the evaluation process. Upon request by an institution, the 
  471  department shall provide assistance in developing, enhancing, or 
  472  reviewing the institutional program evaluation plan and training 
  473  evaluation team members. 
  474         (e)(d) Continued approval for a teacher preparation program 
  475  is contingent upon standards being in place that are designed to 
  476  adequately prepare elementary, middle, and high school teachers 
  477  to instruct their students in reading and higher-level 
  478  mathematics concepts and in the use of technology at the 
  479  appropriate grade level. 
  480         (f)(e) Continued approval of teacher preparation programs 
  481  is contingent upon compliance with the student admission 
  482  requirements of subsection (4) and upon the receipt of at least 
  483  a satisfactory rating from public schools and private schools 
  484  that employ graduates of the program. Each teacher preparation 
  485  program shall guarantee the high quality of its graduates during 
  486  the first 2 years immediately following graduation from the 
  487  program or following the graduate’s initial certification, 
  488  whichever occurs first. Any educator in a Florida school who 
  489  fails to demonstrate student learning gains the essential skills 
  490  as specified in paragraph (a) subparagraphs 1.-5. shall be 
  491  provided additional training by the teacher preparation program 
  492  at no expense to the educator or the employer. Such training 
  493  must consist of an individualized plan agreed upon by the school 
  494  district and the postsecondary educational institution that 
  495  includes specific learning outcomes. The postsecondary 
  496  educational institution assumes no responsibility for the 
  497  educator’s employment contract with the employer. Employer 
  498  satisfaction shall be determined by an annually administered 
  499  survey instrument approved by the Department of Education that, 
  500  at a minimum, must include employer satisfaction of the 
  501  graduates’ ability to do the following: 
  502         1. Write and speak in a logical and understandable style 
  503  with appropriate grammar. 
  504         2. Recognize signs of students’ difficulty with the reading 
  505  and computational process and apply appropriate measures to 
  506  improve students’ reading and computational performance. 
  507         3. Use and integrate appropriate technology in teaching and 
  508  learning processes. 
  509         4. Demonstrate knowledge and understanding of Sunshine 
  510  State Standards. 
  511         5. Maintain an orderly and disciplined classroom conducive 
  512  to student learning. 
  513         (g)(f)1. Each Florida public and private institution that 
  514  offers a state-approved teacher preparation program must 
  515  annually report information regarding these programs to the 
  516  state and the general public. This information shall be reported 
  517  in a uniform and comprehensible manner that is consistent with 
  518  definitions and methods approved by the Commissioner of the 
  519  National Center for Educational Statistics and that is approved 
  520  by the State Board of Education. This information must include, 
  521  at a minimum: 
  522         a. The percent of graduates obtaining full-time teaching 
  523  employment within the first year of graduation. 
  524         b. The average length of stay of graduates in their full 
  525  time teaching positions. 
  526         c. The percentage of graduates whose students achieved 
  527  learning gains, as specified in paragraph (a). For purposes of 
  528  this paragraph, the information shall include the percentage of 
  529  the students taught per graduate who achieved learning gains. 
  530  Satisfaction ratings required in paragraph (e). 
  531         2. Each public and private institution offering training 
  532  for school readiness related professions, including training in 
  533  the fields of child care and early childhood education, whether 
  534  offering career credit, associate in applied science degree 
  535  programs, associate in science degree programs, or associate in 
  536  arts degree programs, shall annually report information 
  537  regarding these programs to the state and the general public in 
  538  a uniform and comprehensible manner that conforms with 
  539  definitions and methods approved by the State Board of 
  540  Education. This information must include, at a minimum: 
  541         a. Average length of stay of graduates in their teaching 
  542  positions. 
  543         b. The percent of graduates obtaining full-time teaching 
  544  employment within the first year of graduation. Satisfaction 
  545  ratings of graduates’ employers. 
  546   
  547  This information shall be reported through publications, 
  548  including college and university catalogs and promotional 
  549  materials sent to potential applicants, secondary school 
  550  guidance counselors, and prospective employers of the 
  551  institution’s program graduates. 
  552         (6) PRESERVICE FIELD EXPERIENCE.—All postsecondary 
  553  instructors, school district personnel and instructional 
  554  personnel, and school sites preparing instructional personnel 
  555  through preservice field experience courses and internships 
  556  shall meet special requirements. District school boards are 
  557  authorized to pay student teachers during their internships. 
  558         (a) All instructors in postsecondary teacher preparation 
  559  programs who instruct or supervise preservice field experiences, 
  560  preservice experience courses, or internships shall have at 
  561  least one of the following: specialized training in clinical 
  562  supervision; a valid professional teaching certificate issued 
  563  under pursuant to ss. 1012.56 and 1012.585; or at least 3 years 
  564  of successful teaching experience in prekindergarten through 
  565  grade 12. 
  566         (b) All school district personnel and instructional 
  567  personnel who supervise or direct teacher preparation students 
  568  during field experience courses or internships must have 
  569  evidence of “clinical educator” training and must successfully 
  570  demonstrate effective classroom management strategies that 
  571  consistently result in improved student performance. The State 
  572  Board of Education shall approve the training requirements. 
  573         (c) Preservice field experience programs must provide for 
  574  continuous student participation in K-12 classroom settings with 
  575  supervised instruction of K-12 students. All preservice field 
  576  experience programs must provide specific guidance and 
  577  demonstration of effective classroom management strategies, 
  578  strategies for incorporating technology into classroom 
  579  instruction, strategies for incorporating scientifically 
  580  researched, knowledge-based reading literacy and computational 
  581  skills acquisition into classroom instruction, and ways to link 
  582  instructional plans to the Sunshine State Standards, as 
  583  appropriate. The length of structured field experiences may be 
  584  extended to ensure that candidates achieve the competencies 
  585  needed to meet certification requirements. 
  586         (d) Postsecondary teacher preparation programs, in 
  587  consultation cooperation with district school boards and 
  588  approved private school associations, shall select the school 
  589  sites for preservice field experience activities based on the 
  590  instructional skills of the instructor or supervisor with whom 
  591  the teaching candidate is placed, as demonstrated by the 
  592  instructor’s or supervisor’s sustained student learning gains as 
  593  specified in paragraph (5)(a). These sites must represent the 
  594  full spectrum of school communities, including, but not limited 
  595  to, schools located in urban settings. In order to be selected, 
  596  school sites must demonstrate commitment to the education of 
  597  public school students and to the preparation of future 
  598  teachers. 
  599         Section 9. Subsections (11) and (12) of section 1004.04, 
  600  Florida Statutes, are repealed. 
  601         Section 10. Paragraph (b) of subsection (3) and subsections 
  602  (4) and (5) of section 1004.85, Florida Statutes, are amended to 
  603  read: 
  604         1004.85 Postsecondary educator preparation institutes.— 
  605         (3) Educator preparation institutes approved pursuant to 
  606  this section may offer alternative certification programs 
  607  specifically designed for noneducation major baccalaureate 
  608  degree holders to enable program participants to meet the 
  609  educator certification requirements of s. 1012.56. Such programs 
  610  shall be competency-based educator certification preparation 
  611  programs that prepare educators through an alternative route. An 
  612  educator preparation institute choosing to offer an alternative 
  613  certification program pursuant to the provisions of this section 
  614  must implement a program previously approved by the Department 
  615  of Education for this purpose or a program developed by the 
  616  institute and approved by the department for this purpose. 
  617  Approved programs shall be available for use by other approved 
  618  educator preparation institutes. 
  619         (b) Each program participant must: 
  620         1. Meet certification requirements pursuant to s. 
  621  1012.56(1) and (2) by obtaining a statement of status of 
  622  eligibility prior to admission into the program which indicates 
  623  eligibility for a temporary certificate in a teaching subject 
  624  and meet the requirements of s. 1012.56(2)(a)-(f). 
  625         2. Participate in field experience that is appropriate to 
  626  his or her educational plan. 
  627         3. Demonstrate mastery of general knowledge by one of the 
  628  options provided in s. 1012.56(3) prior to completion of the 
  629  program. 
  630         4.3. Fully demonstrate his or her ability to teach the 
  631  subject area for which he or she is seeking certification 
  632  through field experiences and by achievement of a passing score 
  633  on the corresponding subject area test prior to completion of 
  634  the program and demonstrate mastery of professional preparation 
  635  and education competence by achievement of a passing score on 
  636  the professional education competency examination required by 
  637  state board rule prior to completion of the program. 
  638         (4) Each alternative certification program institute 
  639  approved pursuant to this section shall submit to the Department 
  640  of Education annual performance evaluations that measure the 
  641  effectiveness of the programs, including the pass rates of 
  642  participants on all examinations required for teacher 
  643  certification, employment rates, longitudinal retention rates, 
  644  and a review of the impact that participants who have completed 
  645  the program have on K-12 student learning and employer 
  646  satisfaction surveys. The employer satisfaction surveys must be 
  647  designed to measure the sufficient preparation of the educator 
  648  to enter the classroom. These evaluations and evidence of 
  649  student learning gains, as measured by state assessments 
  650  required under s. 1008.22, shall be used by the Department of 
  651  Education for purposes of continued approval of an educator 
  652  preparation institute’s alternative certification program. 
  653         (5) Instructors for an alternative certification program 
  654  approved pursuant to this section must meet the requirements of 
  655  s. 1004.04(6) possess a master’s degree in education or a 
  656  master’s degree in an appropriate related field and document 
  657  teaching experience. 
  658         Section 11. Section 1008.222, Florida Statutes, is created 
  659  to read: 
  660         1008.222Development and implementation of end-of-course 
  661  assessments of certain subject areas and grade levels.— 
  662         (1) Each school district must develop or acquire a valid 
  663  and reliable end-of-course assessment for each subject area and 
  664  grade level not measured by state assessments required under s. 
  665  1008.22 or by examinations in AP, IB, AICE, or a national 
  666  industry certification identified in the Industry Certification 
  667  Funding List pursuant to rules adopted by the State Board of 
  668  Education. The content, knowledge, and skills assessed by end 
  669  of-course assessments for each school district must be aligned 
  670  to the core curricular content established in the Sunshine State 
  671  Standards. 
  672         (2)(a)Beginning with the 2013-2014 school year, each 
  673  school district must require that each school in the district 
  674  administer the district’s standard assessment for each subject 
  675  area or grade level, as described in subsection (1). 
  676         (b)Each district school superintendent must ensure that 
  677  teachers who provide instruction in the same subject or grade 
  678  level administer the same end-of-course assessment, as described 
  679  in subsection (1). Each school district must adopt policies to 
  680  ensure standardized administration and security of the 
  681  assessments. 
  682         (c) Each district school superintendent is responsible for 
  683  implementing standardized assessment security and 
  684  administration, the reporting of assessment results, and using 
  685  assessment results to comply with provisions of ss. 
  686  1012.22(1)(c) and 1012.34. The district school superintendent 
  687  shall certify to the Commissioner of Education that the security 
  688  of a standardized assessment required under this section is 
  689  maintained. If a district school superintendent’s certification 
  690  is determined to be invalid through an audit by the Auditor 
  691  General or an investigation by the Department of Education, the 
  692  superintendent is subject to suspension and removal on the 
  693  grounds of misfeasance pursuant to s. 7, Art. IV of the State 
  694  Constitution. 
  695         (d) The Commissioner of Education shall identify methods to 
  696  assist and support districts in the development and acquisition 
  697  of assessments required under this section. Methods may include 
  698  the development of item banks, facilitation of the sharing of 
  699  developed tests among districts, and technical assistance in 
  700  best professional practices of test development based on state 
  701  adopted curriculum standards, administration, and security. 
  702         Section 12. Paragraph (a) of subsection (1) of section 
  703  1009.40, Florida Statutes, is amended to read: 
  704         1009.40 General requirements for student eligibility for 
  705  state financial aid awards and tuition assistance grants.— 
  706         (1)(a) The general requirements for eligibility of students 
  707  for state financial aid awards and tuition assistance grants 
  708  consist of the following: 
  709         1. Achievement of the academic requirements of and 
  710  acceptance at a state university or community college; a nursing 
  711  diploma school approved by the Florida Board of Nursing; a 
  712  Florida college, university, or community college which is 
  713  accredited by an accrediting agency recognized by the State 
  714  Board of Education; any Florida institution the credits of which 
  715  are acceptable for transfer to state universities; any career 
  716  center; or any private career institution accredited by an 
  717  accrediting agency recognized by the State Board of Education. 
  718         2. Residency in this state for no less than 1 year 
  719  preceding the award of aid or a tuition assistance grant for a 
  720  program established pursuant to s. 1009.50, s. 1009.505, s. 
  721  1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 1009.56, s. 
  722  1009.57, s. 1009.60, s. 1009.62, s. 1009.63, s. 1009.68, s. 
  723  1009.72, s. 1009.73, s. 1009.77, s. 1009.89, or s. 1009.891. 
  724  Residency in this state must be for purposes other than to 
  725  obtain an education. Resident status for purposes of receiving 
  726  state financial aid awards shall be determined in the same 
  727  manner as resident status for tuition purposes pursuant to s. 
  728  1009.21. 
  729         3. Submission of certification attesting to the accuracy, 
  730  completeness, and correctness of information provided to 
  731  demonstrate a student’s eligibility to receive state financial 
  732  aid awards or tuition assistance grants. Falsification of such 
  733  information shall result in the denial of any pending 
  734  application and revocation of any award or grant currently held 
  735  to the extent that no further payments shall be made. 
  736  Additionally, students who knowingly make false statements in 
  737  order to receive state financial aid awards or tuition 
  738  assistance grants commit a misdemeanor of the second degree 
  739  subject to the provisions of s. 837.06 and shall be required to 
  740  return all state financial aid awards or tuition assistance 
  741  grants wrongfully obtained. 
  742         Section 13. Section 1009.54, Florida Statutes, is repealed. 
  743         Section 14. Section 1009.57, Florida Statutes, is repealed. 
  744         Section 15. Section 1009.58, Florida Statutes, is repealed. 
  745         Section 16. Section 1009.59, Florida Statutes, is repealed. 
  746         Section 17. Paragraph (c) of subsection (2) of section 
  747  1009.94, Florida Statutes, is amended to read: 
  748         1009.94 Student financial assistance database.— 
  749         (2) For purposes of this section, financial assistance 
  750  includes: 
  751         (c) Any financial assistance provided under s. 1009.50, s. 
  752  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.54, s. 
  753  1009.55, s. 1009.56, s. 1009.57, s. 1009.60, s. 1009.62, s. 
  754  1009.63, s. 1009.68, s. 1009.70, s. 1009.701, s. 1009.72, s. 
  755  1009.73, s. 1009.74, s. 1009.77, s. 1009.89, or s. 1009.891. 
  756         Section 18. Section 1011.626, Florida Statutes, is created 
  757  to read: 
  758         1011.626 Performance Fund for Instructional Personnel and 
  759  School-Based Administrators.— 
  760         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 
  761  to ensure that every student has a high-quality teacher in his 
  762  or her classroom. The Legislature intends, therefore, to hold 
  763  school districts accountable for demonstrably increasing student 
  764  achievement. 
  765         (2) FINDINGS.—The Legislature finds that: 
  766         (a) Quality classroom teachers and school-based 
  767  administrators are the single greatest indicators of student 
  768  achievement. 
  769         (b) A school district that fails to reward quality 
  770  classroom teachers or school-based administrators on the 
  771  performance of their students, and instead rewards these 
  772  individuals, in whole or in part, based on the number of years 
  773  worked or degrees held, has violated s. 1012.22(1)(c). A school 
  774  district’s failure to comply with s. 1012.22(1)(c) fails to 
  775  maximize student learning by not providing the appropriate 
  776  incentives to attract and retain quality classroom teachers and 
  777  school-based administrators. As a result, students are penalized 
  778  for the acts or omissions of district school boards or district 
  779  school superintendents. 
  780         (c) A school district that fails to adopt and implement 
  781  end-of-course assessments that comply with s. 1008.222 
  782  frustrates the purpose of ensuring that each student has a high 
  783  quality teacher in his or her classroom by preventing the 
  784  determination of the quality of a classroom teacher’s or school 
  785  based administrator’s performance. 
  786         (d) A school district that fails to comply with s. 1012.335 
  787  frustrates the purpose of ensuring that each student has a high 
  788  quality teacher in his or her classroom by preventing the school 
  789  district from promptly removing a poor-performing classroom 
  790  teacher from the classroom and employment. 
  791         (3) PERFORMANCE FUND.—Effective with the beginning of the 
  792  2011-2012 year and each year thereafter, the Performance Fund 
  793  for Instructional Personnel and School-Based Administrators is 
  794  established. 
  795         (4) CALCULATION OF THE FUND.—The Commissioner of Education 
  796  shall calculate for the second calculation for each district and 
  797  charter school an amount of state funds equivalent to 5 percent 
  798  of the total state, local, and federal funding determined by the 
  799  Florida Education Finance Program under ss. 1011.62, 1011.685, 
  800  and 1011.71(1) and (3). Such funds shall be designated as each 
  801  district’s and charter school’s annual Performance Fund for 
  802  Instructional Personnel and School-Based Administrators. 
  803         (5) DISTRIBUTION OF THE FUND.— 
  804         (a) The commissioner shall distribute these funds in 
  805  accordance with the provisions of s. 1011.62(12) to a district 
  806  for the implementation of a salary schedule adopted by the 
  807  district school board pursuant to s. 1012.22, implementation of 
  808  a performance appraisal system pursuant to s. 1012.34, and the 
  809  development of end-of-course assessments pursuant to s. 
  810  1008.222. The funds may not be used to increase the base 
  811  salaries or salary adjustments of employees rated as 
  812  unsatisfactory or needs improvement pursuant to s. 1012.34. 
  813         (b) If funds remain in a district’s Performance Fund for 
  814  Instructional Personnel and School-Based Administrators after 
  815  the end-of-course assessments in s. 1008.222, performance 
  816  appraisal system requirements in s. 1012.34, and salary schedule 
  817  requirements in s. 1012.22 have been met, the balance may be 
  818  used by the district for the same purpose as funds provided 
  819  pursuant to s. 1011.62(1)(t). Any funds remaining in a 
  820  district’s fund at the end of the state fiscal year shall revert 
  821  to the fund from which they were appropriated. 
  822         (c) A salary increase awarded from these funds shall be 
  823  awarded in addition to any general increase or other adjustments 
  824  to salaries which are made by a school district. An employee’s 
  825  eligibility for or receipt of a salary increase shall not 
  826  adversely affect that employee’s opportunity to qualify for or 
  827  to receive any other compensation that is made generally 
  828  available to other similarly situated district school board 
  829  employees. 
  830         (d) Each district shall annually set aside sufficient 
  831  federal grant funds to ensure that the policies described in 
  832  this section are equally applied to eligible individuals paid 
  833  from federal grants. 
  834         (6) REVIEW.— 
  835         (a) Beginning with the 2014-2015 fiscal year and each 
  836  fiscal year thereafter, each district school board must submit 
  837  the district-adopted salary schedule for the school year and 
  838  supporting documentation to the commissioner for review on or 
  839  before October 1 of each year. On or before December 15 of each 
  840  year, the commissioner shall complete a review of each salary 
  841  schedule submitted for that school year, determine compliance 
  842  with s. 1012.22(1)(c), and notify a district school board if the 
  843  district salary schedule fails to meet the requirements in s. 
  844  1012.22(1)(c). The commissioner shall certify those school 
  845  districts that do not comply with s. 1012.22(1)(c) to the 
  846  Governor, the President of the Senate, and the Speaker of the 
  847  House of Representatives on or before February 15 of each year. 
  848         (b) Beginning with the 2013-2014 fiscal year and 
  849  thereafter, the commissioner shall select a sampling of school 
  850  district end-of-course assessments from multiple districts, and 
  851  school districts must submit for review the requested 
  852  assessments and supporting documentation on or before October 1 
  853  of each year. A school district that fails to provide the 
  854  requested assessment to the commissioner on or before October 1 
  855  of each year is in violation of s. 1008.222. On or before 
  856  December 15 of each year, the commissioner shall complete a 
  857  review of each selected assessment, determine compliance with s. 
  858  1008.222, and notify a district school board if the selected 
  859  assessment fails to meet the requirements in s. 1008.222. The 
  860  commissioner shall certify those school districts that do not 
  861  comply with s. 1008.222 to the Governor, the President of the 
  862  Senate, and the Speaker of the House of Representatives on or 
  863  before February 15 of each year. 
  864         (c) In the financial audit of each school district, 
  865  performed by either the Auditor General or an independent 
  866  certified public accountant in accordance with s. 218.39, the 
  867  auditor shall review a sample of classroom teacher contracts and 
  868  determine compliance with s. 1012.335. The sample shall be 
  869  selected in accordance with guidelines established by the 
  870  American Institute of Certified Public Accountants. The auditor 
  871  shall document violations of s. 1012.335 and provide the 
  872  documentation to the Commissioner of Education on or before 
  873  October 1 of each year following the audit. On or before 
  874  December 15 of each year, the commissioner shall notify the 
  875  Governor, the President of the Senate, the Speaker of the House 
  876  of Representatives, and each school district identified in the 
  877  audit that has not complied with s. 1012.335. 
  878         (7) FUNDING ADJUSTMENT.—A school district that is certified 
  879  by the commissioner as not in compliance with the law as 
  880  described in paragraph (6)(a), paragraph (6)(b), or paragraph 
  881  (6)(c) shall receive a funding adjustment equal to the amount 
  882  calculated in subsection (4). Such funding adjustment shall be 
  883  implemented through the withholding of undistributed funds to 
  884  which the district is otherwise entitled. To the extent a 
  885  district’s undistributed funds are insufficient to fully satisfy 
  886  the funding adjustment, the unsatisfied balance shall be 
  887  withheld from the district’s operating funds for the subsequent 
  888  fiscal year in the form of a prior year adjustment. 
  889         (8) RULEMAKING.—The State Board of Education shall adopt 
  890  rules pursuant to ss. 120.536(1) and 120.54 to implement this 
  891  section. Such rules shall include the documentation requirements 
  892  for districts, processes and criteria used for determining 
  893  whether the salary schedule, performance appraisal system, and 
  894  end-of-course assessments comply with this section, and the 
  895  reporting and monitoring processes that will be used to ensure 
  896  compliance with the use of funds distributed under paragraph 
  897  (5)(a). 
  898         Section 19. Subsection (2) of section 1011.69, Florida 
  899  Statutes, is amended to read: 
  900         1011.69 Equity in School-Level Funding Act.— 
  901         (2) Beginning in the 2003-2004 fiscal year, district school 
  902  boards shall allocate to schools within the district an average 
  903  of 90 percent of the funds generated by all schools and 
  904  guarantee that each school receives at least 80 percent of the 
  905  funds generated by that school based upon the Florida Education 
  906  Finance Program as provided in s. 1011.62 and the General 
  907  Appropriations Act, including gross state and local funds, 
  908  discretionary lottery funds, and funds from the school 
  909  district’s current operating discretionary millage levy. Total 
  910  funding for each school shall be recalculated during the year to 
  911  reflect the revised calculations under the Florida Education 
  912  Finance Program by the state and the actual weighted full-time 
  913  equivalent students reported by the school during the full-time 
  914  equivalent student survey periods designated by the Commissioner 
  915  of Education. If the district school board is providing programs 
  916  or services to students funded by federal funds, any eligible 
  917  students enrolled in the schools in the district shall be 
  918  provided federal funds. Only academic performance-based charter 
  919  school districts, pursuant to s. 1003.62, are exempt from the 
  920  provisions of this section. 
  921         Section 20. Subsection (4) of section 1012.05, Florida 
  922  Statutes, is amended to read: 
  923         1012.05 Teacher recruitment and retention.— 
  924         (4) The Department of Education, in cooperation with 
  925  district personnel offices, may shall sponsor virtual job fairs 
  926  a job fair in a central part of the state to match high-quality, 
  927  in-state educators and potential educators and out-of-state 
  928  educators and potential educators with teaching opportunities in 
  929  this state. The Department of Education is authorized to collect 
  930  a job fair registration fee not to exceed $20 per person and a 
  931  booth fee not to exceed $250 per school district or other 
  932  interested participating organization. The revenue from the fees 
  933  shall be used to promote and operate the job fair. Funds may be 
  934  used to purchase promotional items such as mementos, awards, and 
  935  plaques. 
  936         Section 21. Section 1012.07, Florida Statutes, is amended 
  937  to read: 
  938         1012.07 Identification of critical teacher shortage areas.— 
  939         (1) As used in ss. 1009.57, 1009.58, and 1009.59, The term 
  940  “critical teacher shortage area” means high-need content areas 
  941  applies to mathematics, science, career education, and high 
  942  priority high priority location areas identified by. the State 
  943  Board of Education may identify career education programs having 
  944  critical teacher shortages. The State Board of Education shall 
  945  adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 
  946  annually identify other critical teacher shortage areas and high 
  947  priority location areas. The state board must shall also 
  948  consider current and emerging educational requirements and 
  949  workforce demands teacher characteristics such as ethnic 
  950  background, race, and sex in determining critical teacher 
  951  shortage areas. School grade levels may also be designated 
  952  critical teacher shortage areas. Individual district school 
  953  boards may identify and submit other critical teacher shortage 
  954  areas. Such submissions shortages must be aligned to current and 
  955  emerging educational requirements and workforce demands in order 
  956  to be certified to and approved by the State Board of Education. 
  957  High-priority High priority location areas shall be in high 
  958  density, low-economic urban schools, and low-density, low 
  959  economic rural schools, and schools identified as lowest 
  960  performing under s. 1008.33(4)(b) shall include schools which 
  961  meet criteria which include, but are not limited to, the 
  962  percentage of free lunches, the percentage of students under 
  963  Chapter I of the Education Consolidation and Improvement Act of 
  964  1981, and the faculty attrition rate. 
  965         (2) This section shall be implemented only to the extent as 
  966  specifically funded and authorized by law. 
  967         Section 22. Effective July 1, 2014, paragraph (c) of 
  968  subsection (1) of section 1012.22, Florida Statutes, is amended 
  969  to read: 
  970         1012.22 Public school personnel; powers and duties of the 
  971  district school board.—The district school board shall: 
  972         (1) Designate positions to be filled, prescribe 
  973  qualifications for those positions, and provide for the 
  974  appointment, compensation, promotion, suspension, and dismissal 
  975  of employees as follows, subject to the requirements of this 
  976  chapter: 
  977         (c) Compensation and salary schedules.— 
  978         1.a. As provided in this paragraph, the district school 
  979  board shall adopt a salary schedule that compensates employees 
  980  based on their performance. The district school board shall 
  981  adopt a salary schedule or salary schedules designed to furnish 
  982  incentives for improvement in training and for continued 
  983  efficient service to be used as a basis for paying all school 
  984  employees and fix and authorize the compensation of school 
  985  employees on the basis thereof. 
  986         b.2. A district school board, in determining the salary 
  987  adjustments schedule for instructional personnel and school 
  988  based administrators, must base a portion of each employee’s 
  989  adjustment only compensation on performance demonstrated under 
  990  s. 1012.34, must consider the prior teaching experience of a 
  991  person who has been designated state teacher of the year by any 
  992  state in the United States, and must consider prior professional 
  993  experience in the field of education gained in positions in 
  994  addition to district level instructional and administrative 
  995  positions. 
  996         c.3. In developing the salary schedule, the district school 
  997  board shall seek input from parents, teachers, and 
  998  representatives of the business community. 
  999         2.4. Beginning with the 2007-2008 academic year, Each 
 1000  district school board shall adopt a salary adjustment for 
 1001  schedule with differentiated pay for both instructional 
 1002  personnel and school-based administrators. The salary schedule 
 1003  is subject to negotiation as provided in chapter 447 and must 
 1004  allow differentiated pay based on the following: 
 1005         a. Assignment to a school in a high-priority location area, 
 1006  as defined in State Board of Education rule, with continued 
 1007  differentiated pay contingent upon documentation of performance 
 1008  under s. 1012.34; 
 1009         b. Certification and teaching in critical teacher shortage 
 1010  areas, as defined in State Board of Education rule, with 
 1011  continued differentiated pay contingent upon documentation of 
 1012  performance under s. 1012.34; and 
 1013         c. Assignment of additional academic responsibilities, with 
 1014  continued differentiated pay contingent upon documentation of 
 1015  performance under s. 1012.34. 
 1016         3. A district school board shall adopt a salary schedule 
 1017  for beginning and renewing teachers as follows: 
 1018         a.A beginning teacher. For purposes of this sub 
 1019  subparagraph, the term “beginning teacher” is a classroom 
 1020  teacher as defined in s. 1012.01(2)(a), excluding a substitute 
 1021  teacher, who has no prior K-12 teaching experience. 
 1022         b. A teacher who holds a valid professional standard 
 1023  certificate issued by another state and who is hired by the 
 1024  district school board. 
 1025         c. A teacher who holds a valid professional certificate 
 1026  issued pursuant to s. 1012.56, who has not taught in the 
 1027  classroom at any time during the previous certification period, 
 1028  and who is hired by the district school board. 
 1029         4. The salary schedule in subparagraph 3. shall be in 
 1030  effect only for the first year that the teacher provides 
 1031  instruction in a Florida K-12 classroom. A district school board 
 1032  may not use length of service or degrees held as a factor in 
 1033  setting a salary schedule district-determined factors, 
 1034  including, but not limited to, additional responsibilities, 
 1035  school demographics, critical shortage areas, and level of job 
 1036  performance difficulties. 
 1037         Section 23. Section 1012.225, Florida Statutes, is 
 1038  repealed. 
 1039         Section 24. Section 1012.2251, Florida Statutes, is 
 1040  repealed. 
 1041         Section 25. Subsection (5) of section 1012.33, Florida 
 1042  Statutes, is amended to read: 
 1043         1012.33 Contracts with instructional staff, supervisors, 
 1044  and school principals.— 
 1045         (5) Should a district school board have to choose from 
 1046  among its personnel who are on continuing contracts or 
 1047  professional service contracts as to which should be retained, 
 1048  such decisions shall be based primarily upon the employee’s 
 1049  performance as provided in s. 1012.34 made pursuant to the terms 
 1050  of a collectively bargained agreement, when one exists. If no 
 1051  such agreement exists, the district school board shall prescribe 
 1052  rules to handle reductions in workforce. 
 1053         Section 26. Section 1012.335, Florida Statutes, is created 
 1054  to read: 
 1055         1012.335 Contracts with classroom teachers hired on or 
 1056  after July 1, 2010.— 
 1057         (1) DEFINITIONS.—As used in this section, the term: 
 1058         (a) “Annual contract” means a contract for a period of no 
 1059  longer than 1 school year in which the district school board may 
 1060  choose to renew or not renew without cause. 
 1061         (b) “Classroom teacher” means a classroom teacher as 
 1062  defined in s. 1012.01(2)(a), excluding substitute teachers. 
 1063         (c) “Probationary contract” means a contract for a period 
 1064  of no longer than 1 school year during which a classroom teacher 
 1065  may be dismissed without cause or may resign from the 
 1066  contractual position without breach of contract. 
 1067         (2) EMPLOYMENT.— 
 1068         (a) Beginning July 1, 2010, each person newly hired as a 
 1069  classroom teacher by a school district shall receive a 
 1070  probationary contract. 
 1071         (b) A classroom teacher may receive up to four annual 
 1072  contracts in a school district in this state if the teacher: 
 1073         1. Holds a professional certificate as prescribed by s. 
 1074  1012.56 and in the rules of the State Board of Education; and 
 1075         2. Has been recommended by the district school 
 1076  superintendent for the annual contract and approved by the 
 1077  district school board. 
 1078         (c) A classroom teacher may not receive an annual contract 
 1079  for the 6th year of teaching and thereafter unless the classroom 
 1080  teacher: 
 1081         1. Holds a professional certificate as prescribed by s. 
 1082  1012.56 and in the rules of the State Board of Education; 
 1083         2. Has been recommended by the district school 
 1084  superintendent for the annual contract and approved by the 
 1085  district school board; and 
 1086         3. Has received an effective or highly effective 
 1087  designation on his or her appraisal pursuant to s. 1012.34 in at 
 1088  least 2 of the 3 preceding years for each year an annual 
 1089  contract is sought. 
 1090         (3) SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL 
 1091  CONTRACT.—A classroom teacher who has an annual contract may be 
 1092  suspended or dismissed at any time during the term of the 
 1093  contract for just cause as provided in subsection (4). The 
 1094  district school board must notify a classroom teacher in writing 
 1095  whenever charges are made against the classroom teacher, and the 
 1096  district school board may suspend him or her without pay. 
 1097  However, if the charges are not sustained, the classroom teacher 
 1098  shall be immediately reinstated and his or her back pay shall be 
 1099  paid. 
 1100         (4) JUST CAUSE.—The State Board of Education shall adopt 
 1101  rules to define the term “just cause.” Just cause includes, but 
 1102  is not limited to: 
 1103         (a) Immorality. 
 1104         (b) Misconduct in office. 
 1105         (c) Incompetency. 
 1106         (d) Gross insubordination. 
 1107         (e) Willful neglect of duty. 
 1108         (f) Being convicted or found guilty of, or entering a plea 
 1109  of guilty to, regardless of adjudication of guilt, any crime 
 1110  involving moral turpitude. 
 1111         (g) Poor performance as demonstrated by a lack of student 
 1112  learning gains, as specified in s. 1012.34. 
 1113         Section 27. Section 1012.34, Florida Statutes, is amended 
 1114  to read: 
 1115         1012.34 Appraisal Assessment procedures and criteria.— 
 1116         (1) For the purpose of increasing student achievement by 
 1117  improving the quality of instructional, administrative, and 
 1118  supervisory services in the public schools of the state, the 
 1119  district school superintendent shall establish procedures for 
 1120  evaluating assessing the performance of duties and 
 1121  responsibilities of all instructional, administrative, and 
 1122  supervisory personnel employed by the school district. The 
 1123  Department of Education must approve each district’s 
 1124  instructional personnel appraisal assessment system and 
 1125  appraisal instruments. The Department of Education must approve 
 1126  each school-based administrator appraisal system and appraisal 
 1127  instruments. The department shall collect from each school 
 1128  district the annual performance ratings of all instructional and 
 1129  school-based administrative personnel and report the percentage 
 1130  of each of these employees receiving each rating category by 
 1131  school and by district to the Governor, the President of the 
 1132  Senate, and the Speaker of the House of Representatives. 
 1133         (2) The following conditions must be considered in the 
 1134  design of the district’s instructional personnel appraisal 
 1135  assessment system: 
 1136         (a) The system must be designed to support high-quality 
 1137  instruction and increased academic achievement district and 
 1138  school level improvement plans. 
 1139         (b) The system must provide appropriate appraisal 
 1140  instruments, procedures, and criteria for continuous quality 
 1141  improvement of the professional skills of instructional 
 1142  personnel. 
 1143         (c) The system must include a mechanism to examine 
 1144  performance data from multiple sources, which includes giving 
 1145  give parents an opportunity to provide input into employee 
 1146  performance appraisals assessments when appropriate. 
 1147         (d) In addition to addressing generic teaching 
 1148  competencies, districts must determine those teaching fields for 
 1149  which special procedures and criteria will be developed. 
 1150         (e) Each district school board may establish a peer 
 1151  assistance process. The plan may provide a mechanism for 
 1152  assistance of persons who are placed on performance probation as 
 1153  well as offer assistance to other employees who request it. 
 1154         (f) Each The district school board shall provide training 
 1155  programs that are based upon guidelines provided by the 
 1156  Department of Education to ensure that all individuals with 
 1157  evaluation responsibilities understand the proper use of the 
 1158  appraisal assessment criteria and procedures. 
 1159         (g) The system must differentiate among four levels of 
 1160  performance: unsatisfactory, needs improvement, effective, and 
 1161  highly effective. The Commissioner of Education shall consult 
 1162  with performance pay experts and classroom teachers in 
 1163  developing the performance levels. Beginning with the 2014-2015 
 1164  school year and thereafter, instructional personnel and school 
 1165  based administrators may not be rated as effective or highly 
 1166  effective if their students fail to demonstrate learning gains. 
 1167         (h) The system must include a process for monitoring the 
 1168  effective and consistent use of appraisal criteria by 
 1169  supervisors and administrators and a process for evaluating the 
 1170  effectiveness of the system itself in improving the level of 
 1171  instruction and learning in the district’s schools. 
 1172         (3) The appraisal assessment procedure for instructional 
 1173  personnel and school administrators must be primarily based on 
 1174  the performance of students assigned to their classrooms or 
 1175  schools, as described in paragraph (a) appropriate. Pursuant to 
 1176  this section, A school district’s performance appraisal 
 1177  assessment is not limited to basing unsatisfactory performance 
 1178  of instructional personnel and school administrators upon 
 1179  student performance, but may include other criteria approved to 
 1180  evaluate assess instructional personnel and school 
 1181  administrators’ performance, or any combination of student 
 1182  performance and other approved criteria. The procedures must 
 1183  comply with, but are not limited to, the following requirements: 
 1184         (a) An appraisal assessment must be conducted for each 
 1185  employee at least once a year, except that an appraisal for each 
 1186  teacher, as described in s. 1012.22(1)(c)3., must be conducted 
 1187  at least twice a year. The assessment must be based upon sound 
 1188  educational principles and contemporary research in effective 
 1189  educational practices. The assessment must primarily use data 
 1190  and indicators of improvement in student performance assessed 
 1191  annually as specified in s. 1008.22 and may consider results of 
 1192  peer reviews in evaluating the employee’s performance. Student 
 1193  performance must be measured by state assessments required under 
 1194  s. 1008.22 and by local assessments for subjects and grade 
 1195  levels not measured by the state assessment program. The 
 1196  appraisal assessment criteria must include, but are not limited 
 1197  to, indicators that relate to the following: 
 1198         1. Performance of students. 
 1199         a. Beginning with the 2014-2015 school year and thereafter, 
 1200  for the classroom teacher, the learning gains of students 
 1201  assigned to the teacher must comprise more than 50 percent of 
 1202  the determination of the classroom teacher’s performance. 
 1203  Beginning with the 2014-2015 school year and thereafter, for 
 1204  instructional personnel, who are not classroom teachers, the 
 1205  learning gains of students assigned to the school must comprise 
 1206  more than 50 percent of the determination of the individual’s 
 1207  performance. A school district may use the learning gains of 
 1208  students assigned to the classroom teacher for the preceding 3 
 1209  years, or, for instructional personnel who are not classroom 
 1210  teachers, the learning gains of students assigned to the school 
 1211  for the preceding 3 years, to determine the individual’s 
 1212  performance. For purposes of this sub-subparagraph, “school” 
 1213  means the school to which the instructional personnel, who is 
 1214  not a classroom teacher, was assigned for the last 3 years. 
 1215  Student learning gains are measured by state assessments 
 1216  required under s. 1008.22, examinations in AP, IB, AICE, or a 
 1217  national industry certification identified in the Industry 
 1218  Certification Funding List pursuant to rules adopted by the 
 1219  State Board of Education, or district assessments for subject 
 1220  areas and grade levels as required under s. 1008.222. 
 1221         b. For instructional personnel, more than 50 percent of the 
 1222  determination of the individual’s performance must be based on 
 1223  the performance of students assigned to their classrooms or 
 1224  schools, as appropriate. Student performance must be measured by 
 1225  state assessments required under s. 1008.22 and by local 
 1226  assessments for subjects and grade levels not measured by the 
 1227  state assessment program. This sub-subparagraph expires July 1, 
 1228  2014. 
 1229         2. Instructional practice. For instructional personnel, 
 1230  performance criteria must be based on the Florida Educator 
 1231  Accomplished Practices adopted by the State Board of Education 
 1232  by rule, which include: 
 1233         a. Ability to maintain appropriate discipline. 
 1234         b.3. Knowledge of subject matter. The district school board 
 1235  shall make special provisions for evaluating teachers who are 
 1236  assigned 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 acceleration evaluate instructional 
 1243  needs. 
 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 appraisal assessment process 
 1283  before the appraisal assessment takes place. 
 1284         (c) The individual responsible for supervising the employee 
 1285  must evaluate assess the employee’s performance. The evaluator 
 1286  must submit a written report of the appraisal assessment to 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 
 1290  assessment takes place. The evaluator must discuss the written 
 1291  report of the appraisal assessment with the employee. The 
 1292  employee shall have the right to initiate a written response to 
 1293  the appraisal assessment, 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 evaluate assess whether 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 
 1373  assessment criteria and evaluation procedures by administrators 
 1374  who are assigned responsibility for evaluating the performance 
 1375  of instructional personnel. The use of the appraisal assessment 
 1376  and evaluation procedures shall be considered as part of the 
 1377  annual appraisal assessment of 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 appraisal assessment 
 1386  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  evaluate assess instructional personnel. Upon request by a 
 1390  school district, the department shall provide assistance in 
 1391  developing, improving, or reviewing an appraisal assessment 
 1392  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 appraisal assessment of 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); or 
 1508         (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); and 
 1524         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 
 1540  paragraph (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. 
 1574  Beginning 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 compare a sampling of 
 1578  educators who have qualified for a professional certificate 
 1579  since 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 requirements for the life of the teacher’s 
 1599  national certificate in 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 11 8 teachers; 5 administrators, at least one 
 1690  of whom may shall represent a private school; 5 7 lay citizens, 
 1691  3 5 of 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 4 5 sworn 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 profession in this state for 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.