Bill Text: FL S0894 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education Personnel
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 719 (Ch. 2016-58), HB 5003 (Ch. 2016-62) [S0894 Detail]
Download: Florida-2016-S0894-Introduced.html
Bill Title: Education Personnel
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2016-02-24 - Laid on Table, companion bill(s) passed, see CS/CS/HB 719 (Ch. 2016-58), HB 5003 (Ch. 2016-62) [S0894 Detail]
Download: Florida-2016-S0894-Introduced.html
Florida Senate - 2016 SB 894 By Senator Detert 28-00635A-16 2016894__ 1 A bill to be entitled 2 An act relating to education personnel; amending s. 3 39.202, F.S.; authorizing certain employees or agents 4 of the Department of Education to have access to 5 certain reports and records; amending s. 215.22, F.S.; 6 providing that certain provisions do not apply to the 7 Educational Certification and Service Trust Fund; 8 amending s. 1012.05, F.S.; authorizing rather than 9 requiring the Department of Education to sponsor a job 10 fair meeting certain criteria; requiring the 11 department to coordinate a best practice community; 12 amending s. 1012.39, F.S.; providing requirements 13 regarding liability insurance for students performing 14 clinical field experience; creating s. 1012.562, F.S.; 15 requiring the department to approve school leader 16 preparation programs; providing for approval; 17 providing program requirements; providing for 18 rulemaking; amending s. 1012.75, F.S.; deleting the 19 minimum required amount of liability coverage for 20 specified personnel; requiring annual notification of 21 liability insurance to specified personnel; abrogating 22 the scheduled expiration of the educator liability 23 insurance program; amending s. 1012.79, F.S.; revising 24 membership of the Education Practices Commission; 25 authorizing the Commissioner of Education to appoint 26 emeritus members to the commission; amending s. 27 1012.796, F.S.; authorizing the commissioner to issue 28 a letter of guidance in response to a complaint 29 against a certified teacher or administrator; 30 providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Paragraphs (q), (r), and (s) of subsection (2) 35 of section 39.202, Florida Statutes, are redesignated as 36 paragraphs (r), (s), and (t), respectively, and a new paragraph 37 (q) is added to that subsection, to read: 38 39.202 Confidentiality of reports and records in cases of 39 child abuse or neglect.— 40 (2) Except as provided in subsection (4), access to such 41 records, excluding the name of the reporter which shall be 42 released only as provided in subsection (5), shall be granted 43 only to the following persons, officials, and agencies: 44 (q) An employee or agent of the Department of Education who 45 is responsible for the investigation or prosecution of 46 misconduct by a certified educator. 47 Section 2. Subsection (4) of section 215.22, Florida 48 Statutes, is amended to read: 49 215.22 Certain income and certain trust funds exempt.— 50 (4) Notwithstanding the exemptions granted in subsections 51 (1), (2), and (3), this section shall not exempt income of a 52 revenue nature or any trust fund which was subject to the 53 service charge pursuant to s. 215.20 on January 1, 1990. This 54 subsection does not apply to the Educational Certification and 55 Service Trust Fund. 56 Section 3. Subsection (4) of section 1012.05, Florida 57 Statutes, is amended to read: 58 1012.05 Teacher recruitment and retention.— 59 (4) The Department of Education, in cooperation with 60 district personnel offices, mayshallsponsor a job fair in a 61 central part of the state to match in-state educators and 62 potential educators and out-of-state educators and potential 63 educators with teaching opportunities in this state. The 64 Department of Education is authorized to collect a job fair 65 registration fee not to exceed $20 per person and a booth fee 66 not to exceed $250 per school district or other interested 67 participating organization. The revenue from the fees shall be 68 used to promote and operate the job fair. Funds may be used to 69 purchase promotional items such as mementos, awards, and 70 plaques. The Department of Education shall also coordinate a 71 best practice community to ensure that school district personnel 72 responsible for teacher recruitment and other human resources 73 functions are operating with the most up-to-date knowledge. 74 Section 4. Subsection (3) of section 1012.39, Florida 75 Statutes, is amended to read: 76 1012.39 Employment of substitute teachers, teachers of 77 adult education, nondegreed teachers of career education, and 78 career specialists; students performing clinical field 79 experience.— 80 (3) A student who is enrolled in a state-approved teacher 81 preparation program in a postsecondary educational institution 82 that is approved by rules of the State Board of Education and 83 who is jointly assigned by the postsecondary educational 84 institution and a district school board to perform a clinical 85 field experience under the direction of a regularly employed and 86 certified educator shall, while serving such supervised clinical 87 field experience, be accorded the same protection of law as that 88 accorded to the certified educator except for the right to 89 bargain collectively as an employee of the district school 90 board. The district school board providing the clinical field 91 experience shall notify the student electronically or in writing 92 of the availability of educator liability insurance under s. 93 1012.75. A postsecondary educational institution or district 94 school board may not require a student enrolled in a state 95 approved teacher preparation program to purchase liability 96 insurance as a condition of participation in any clinical field 97 experience or related activity on the premises of an elementary 98 or secondary school. 99 Section 5. Section 1012.562, Florida Statutes, is created 100 to read: 101 1012.562 Public accountability and state approval of school 102 leader preparation programs.—The Department of Education shall 103 establish a process for the approval of Level I and Level II 104 school leader preparation programs that will enable aspiring 105 school leaders to obtain their certificate in educational 106 leadership under s. 1012.56. School leader preparation programs 107 must be competency-based, aligned to the principal leadership 108 standards adopted by the state board, and open to individuals 109 employed by public schools, including charter schools and 110 virtual schools. Level I programs may be offered by school 111 districts or postsecondary institutions and lead to initial 112 certification in educational leadership for the purpose of 113 preparing individuals to serve as school administrators. Level 114 II programs may be offered by school districts, build upon Level 115 I training, and lead to renewal certification as a school 116 principal. 117 (1) PURPOSE.—The purpose of school leader preparation 118 programs is to: 119 (a) Increase the supply of effective school leaders in the 120 public schools of this state. 121 (b) Produce school leaders who are prepared to lead the 122 state’s diverse student population in meeting high standards for 123 academic achievement. 124 (c) Enable school leaders to facilitate the development and 125 retention of effective and highly effective classroom teachers. 126 (d) Produce leaders with the competencies and skills 127 necessary to achieve the state’s education goals. 128 (e) Sustain the state system of school improvement and 129 education accountability. 130 (2) LEVEL I PROGRAMS.— 131 (a) Initial approval of a Level I program shall be for a 132 period of 5 years. A postsecondary institution or school 133 district may submit to the department in a format prescribed by 134 the department an application to establish a Level I school 135 leader preparation program. To be approved, a Level I program 136 must: 137 1. Provide competency-based training aligned to the 138 principal leadership standards adopted by the State Board of 139 Education. 140 2. If the program is provided by a postsecondary 141 institution, partner with at least one school district. 142 3. Describe the qualifications that will be used to 143 determine program admission standards, including a candidate’s 144 instructional expertise and leadership potential. 145 4. Describe how the training provided through the program 146 will be aligned to the personnel evaluation criteria under s. 147 1012.34. 148 (b) Renewal of a Level I program’s approval shall be for a 149 period of 5 years and shall be based upon evidence of the 150 program’s continued ability to meet the requirements of 151 paragraph (a). A postsecondary institution or school district 152 must submit an institutional program evaluation plan in a format 153 prescribed by the department for a Level I program to be 154 considered for renewal. The plan must include: 155 1. The percentage of personnel who complete the program and 156 are placed in school leadership positions in public schools 157 within the state. 158 2. Results from the personnel evaluations required under s. 159 1012.34 for personnel who complete the program. 160 3. The passage rate of personnel who complete the program 161 on the Florida Education Leadership Examination. 162 4. The impact personnel who complete the program have on 163 student learning as measured by the formulas developed by the 164 commissioner pursuant to s. 1012.34(7). 165 5. Strategies for continuous improvement of the program. 166 6. Strategies for involving personnel who complete the 167 program, other school personnel, community agencies, business 168 representatives, and other stakeholders in the program 169 evaluation process. 170 7. Additional data included at the discretion of the 171 postsecondary institution or school district. 172 (c) A Level I program must guarantee the high quality of 173 personnel who complete the program for the first 2 years after 174 program completion or the person’s initial certification as a 175 school leader, whichever occurs first. If a person who completed 176 the program is evaluated at less than highly effective or 177 effective under s. 1012.34 and the person’s employer requests 178 additional training, the Level I program must provide additional 179 training at no cost to the person or his or her employer. The 180 training must include the creation of an individualized plan 181 agreed to by the employer that includes specific learning 182 outcomes. The Level I program is not responsible for the 183 person’s employment contract with his or her employer. 184 (3) LEVEL II PROGRAMS.—Initial approval and subsequent 185 renewal of a Level II program shall be for a period of 5 years. 186 A school district may submit to the department in a format 187 prescribed by the department an application to establish a Level 188 II school leader preparation program or for program renewal. To 189 be approved or renewed, a Level II program must: 190 (a) Demonstrate that personnel accepted into the Level II 191 program have: 192 1. Obtained their certificate in educational leadership 193 under s. 1012.56. 194 2. Earned a highly effective or effective designation under 195 s. 1012.34. 196 3. Satisfactorily performed instructional leadership 197 responsibilities as measured by the evaluation system in s. 198 1012.34. 199 (b) Demonstrate that the Level II program: 200 1. Provides competency-based training aligned to the 201 principal leadership standards adopted by the State Board of 202 Education. 203 2. Provides training aligned to the personnel evaluation 204 criteria under s. 1012.34 and professional development program 205 in s. 1012.986. 206 3. Provides individualized instruction using a customized 207 learning plan for each person enrolled in the program that is 208 based on data from self-assessment, selection, and appraisal 209 instruments. 210 4. Conducts program evaluations and implements program 211 improvements using input from personnel who completed the 212 program and employers and data gathered pursuant to paragraph 213 (2)(b). 214 (c) Gather and monitor the data specified in paragraph 215 (2)(b). 216 (4) RULES.—The State Board of Education shall adopt rules 217 to administer this section. 218 Section 6. Subsection (3) of section 1012.75, Florida 219 Statutes, is amended to read: 220 1012.75 Liability of teacher or principal; excessive 221 force.— 222 (3) The Department of Education shall administer an 223 educator liability insurance program, as provided in the General 224 Appropriations Act, to protect full-time instructional personnel 225 from liability for monetary damages and the costs of defending 226 actions resulting from claims made against the instructional 227 personnel arising out of occurrences in the course of activities 228 within the instructional personnel’s professional capacity. For 229 purposes of this subsection, the terms “full-time,” “part-time,” 230 and “administrative personnel” shall be defined by the 231 individual district school board. For purposes of this 232 subsection, the term “instructional personnel” has the same 233 meaning as provided in s. 1012.01(2). 234 (a) Liability coverageof at least $2 millionshall be 235 provided to all full-time instructional personnel. Liability 236 coverage may be provided to the following individuals who choose 237 to participate in the program, at cost: part-time instructional 238 personnel, administrative personnel, and students enrolled in a 239 state-approved teacher preparation program pursuant to s. 240 1012.39(3). 241 (b) By August 1 of each year, the department shall notify 242 the personnel specified in paragraph (a) of the pending 243 procurement for liability coverage. By September 1 of each year, 244 each district school board shall notify the personnel specified 245 in paragraph (a) of the liability coverage provided pursuant to 246 this subsection. The department shall develop the form of the 247 notice which shall be used by each district school board. The 248 notice must be on an 8 1/2-inch by 5 1/2-inch postcard and 249 include the amount of coverage, a general description of the 250 nature of the coverage, and the contact information for coverage 251 and claims questions. The notification shall be provided 252 separately from any other correspondence. Each district school 253 board shall certify to the department, by September 15 of each 254 year, that the notification required by this paragraph has been 255 provided. 256 (c) The department shall consult with the Department of 257 Financial Services to select the most economically prudent and 258 cost-effective means of implementing the program through self 259 insurance, a risk management program, or competitive 260 procurement. 261(d) This subsection expires July 1, 2016.262 Section 7. Subsection (1) of section 1012.79, Florida 263 Statutes, is amended to read: 264 1012.79 Education Practices Commission; organization.— 265 (1) The Education Practices Commission is composedconsists266 of the following 25 members: 10, including 8teachers; 5 267 administrators, at least one of whom representsshall represent268 a private or virtual school; 47lay citizens who are, 5 of whom269shall beparents of public school students and who are unrelated 270 to public school employees;and2of whom shall beformer 271 charter school governing board or district school board members 272 or former superintendents, assistant superintendents, or deputy 273 superintendents; and 45sworn law enforcement officials, 274 appointed by the State Board of Education from nominations by 275 the Commissioner of Education and subject to Senate 276 confirmation. BeforePrior tomaking nominations, the 277 commissioner shall consult with teaching associations, parent 278 organizations, law enforcement agencies, and other involved 279 associations in the state. In making nominations, the 280 commissioner shall attempt to achieve equal geographical 281 representation, as closely as possible. 282 (a) A teacher member, in order to be qualified for 283 appointment: 284 1. Must be certified to teach in the state. 2852. Must be a resident of the state.286 2.3.Must have practiced the profession in this state for 287 at least 5 years immediately preceding the appointment. 288 (b) A school administrator member, in order to be qualified 289 for appointment: 290 1. Must have an endorsement on the educator certificate in 291 the area of school administration or supervision. 2922. Must be a resident of the state.293 2.3.Must have practiced the profession as an administrator 294 for at least 5 years immediately preceding the appointment. 295(c) The lay members must be residents of the state.296 (c)(d)The law enforcement official members must have 297 served in the profession for at least 5 years immediately 298 preceding appointment and have background expertise in child 299 safety. 300 (d) The Commissioner of Education, upon request or 301 recommendation from the commission, may also appoint up to five 302 emeritus members from the commission’s prior membership to serve 303 1-year terms. Notwithstanding any prior service on the 304 commission, an emeritus member may serve up to five 1-year 305 terms. An emeritus member serves as a voting member at a 306 discipline hearing and as a consulting but nonvoting member 307 during a business meeting. 308 (e) All members must be residents of the state. 309 Section 8. Subsection (3) of section 1012.796, Florida 310 Statutes, is amended to read: 311 1012.796 Complaints against teachers and administrators; 312 procedure; penalties.— 313 (3) The department staff shall advise the commissioner 314 concerning the findings of the investigation. The department 315 general counsel or members of that staff shall review the 316 investigation and advise the commissioner concerning probable 317 cause or lack thereof. The determination of probable cause shall 318 be made by the commissioner. The commissioner shall provide an 319 opportunity for a conference, if requested, prior to determining 320 probable cause. The commissioner may enter into deferred 321 prosecution agreements in lieu of finding probable cause if, in 322 his or her judgment, such agreements are in the best interests 323 of the department, the certificateholder, and the public. Such 324 deferred prosecution agreements shall become effective when 325 filed with the clerk of the Education Practices Commission. 326 However, a deferred prosecution agreement mayshallnot be 327 entered into if there is probable cause to believe that a felony 328 or an act of moral turpitude, as defined by rule of the State 329 Board of Education, has occurred. Upon finding no probable 330 cause, the commissioner shall dismiss the complaint and may 331 issue a letter of guidance to the certificateholder. 332 Section 9. This act shall take effect July 1, 2016.