Bill Text: FL S0894 | 2016 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2016 CS for SB 894 By the Committee on Education Pre-K - 12; and Senator Detert 581-02365-16 2016894c1 1 A bill to be entitled 2 An act relating to education personnel; amending s. 3 39.201, F.S.; authorizing certain information to be 4 used for educator certification discipline and review; 5 amending s. 39.202, F.S.; authorizing certain 6 employees or agents of the Department of Education to 7 have access to certain reports and records; amending 8 s. 215.22, F.S.; providing that certain provisions do 9 not apply to the Educational Certification and Service 10 Trust Fund; amending s. 1012.05, F.S.; authorizing 11 rather than requiring the Department of Education to 12 sponsor a job fair meeting certain criteria; requiring 13 the department to coordinate a best practice 14 community; amending s. 1012.2315, F.S.; eliminating 15 certain State Board of Education rulemaking authority 16 related to teacher assignment; amending s. 1012.39, 17 F.S.; providing requirements regarding liability 18 insurance for students performing clinical field 19 experience; creating s. 1012.562, F.S.; requiring the 20 department to approve school leader preparation 21 programs; providing for approval; providing program 22 requirements; providing for rulemaking; amending s. 23 1012.79, F.S.; revising membership of the Education 24 Practices Commission; authorizing the Commissioner of 25 Education to appoint emeritus members to the 26 commission; amending s. 1012.796, F.S.; authorizing 27 the commissioner to issue a letter of guidance in 28 response to a complaint against a certified teacher or 29 administrator; providing an effective date. 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1. Subsection (6) of section 39.201, Florida 34 Statutes, is amended to read: 35 39.201 Mandatory reports of child abuse, abandonment, or 36 neglect; mandatory reports of death; central abuse hotline.— 37 (6) Information in the central abuse hotline may not be 38 used for employment screening, except as provided in s. 39 39.202(2)(a) and (h). Information in the central abuse hotline 40 and the department’s automated abuse information system may be 41 used by the department, its authorized agents or contract 42 providers, the Department of Health, or county agencies as part 43 of the licensure or registration process pursuant to ss. 44 402.301-402.319 and ss. 409.175-409.176. Pursuant to s. 45 39.202(2)(q), the information in the central abuse hotline may 46 also be used by the Department of Education for purposes of 47 educator certification discipline and review. 48 Section 2. Paragraphs (q), (r), and (s) of subsection (2) 49 of section 39.202, Florida Statutes, are redesignated as 50 paragraphs (r), (s), and (t), respectively, and a new paragraph 51 (q) is added to that subsection, to read: 52 39.202 Confidentiality of reports and records in cases of 53 child abuse or neglect.— 54 (2) Except as provided in subsection (4), access to such 55 records, excluding the name of the reporter which shall be 56 released only as provided in subsection (5), shall be granted 57 only to the following persons, officials, and agencies: 58 (q) An employee or agent of the Department of Education who 59 is responsible for the investigation or prosecution of 60 misconduct by a certified educator. 61 Section 3. Subsection (4) of section 215.22, Florida 62 Statutes, is amended to read: 63 215.22 Certain income and certain trust funds exempt.— 64 (4) Notwithstanding the exemptions granted in subsections 65 (1), (2), and (3), this section shall not exempt income of a 66 revenue nature or any trust fund which was subject to the 67 service charge pursuant to s. 215.20 on January 1, 1990. This 68 subsection does not apply to the Educational Certification and 69 Service Trust Fund. 70 Section 4. Subsection (4) of section 1012.05, Florida 71 Statutes, is amended to read: 72 1012.05 Teacher recruitment and retention.— 73 (4) The Department of Education, in cooperation with 74 district personnel offices, mayshallsponsor a job fair in a 75 central part of the state to match in-state educators and 76 potential educators and out-of-state educators and potential 77 educators with teaching opportunities in this state. The 78 Department of Education is authorized to collect a job fair 79 registration fee not to exceed $20 per person and a booth fee 80 not to exceed $250 per school district or other interested 81 participating organization. The revenue from the fees shall be 82 used to promote and operate the job fair. Funds may be used to 83 purchase promotional items such as mementos, awards, and 84 plaques. The Department of Education shall also coordinate a 85 best practice community to ensure that school district personnel 86 responsible for teacher recruitment and other human resources 87 functions are operating with the most up-to-date knowledge. 88 Section 5. Paragraph (b) of subsection (2) of section 89 1012.2315, Florida Statutes, is amended to read: 90 1012.2315 Assignment of teachers.— 91 (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.— 92 (b)1. Beginning July 1, 2014, a school district may assign 93 an individual newly hired as instructional personnel to a school 94 that has earned a grade of “F” in the previous year or any 95 combination of three consecutive grades of “D” or “F” in the 96 previous 3 years pursuant to s. 1008.34 if the individual: 97 a. Has received an effective rating or highly effective 98 rating in the immediate prior year’s performance evaluation 99 pursuant s. 1012.34; 100 b. Has successfully completed or is enrolled in a teacher 101 preparation program pursuant to s. 1004.04, s. 1004.85, or s. 102 1012.56, or a teacher preparation program specified in State 103 Board of Education rule, is provided with high quality mentoring 104 during the first 2 years of employment, holds a certificate 105 issued pursuant to s. 1012.56, and holds a probationary contract 106 pursuant to s. 1012.335(2)(a); or 107 c. Holds a probationary contract pursuant to s. 108 1012.335(2)(a), holds a certificate issued pursuant to s. 109 1012.56, and has successful teaching experience, and if, in the 110 judgment of the school principal, students would benefit from 111 the placement of that individual. 112 2. As used in this paragraph, the term “mentoring” includes 113 the use of student achievement data combined with at least 114 monthly observations to improve the educator’s effectiveness in 115 improving student outcomes. Mentoring may be provided by a 116 school district, a teacher preparation program approved pursuant 117 to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher 118 preparation program specified in State Board of Education rule. 1193. The State Board of Education shall adopt rules under ss.120120.536(1) and 120.54 to implement this paragraph.121 122 Each school district shall annually certify to the Commissioner 123 of Education that the requirements in this subsection have been 124 met. If the commissioner determines that a school district is 125 not in compliance with this subsection, the State Board of 126 Education shall be notified and shall take action pursuant to s. 127 1008.32 in the next regularly scheduled meeting to require 128 compliance. 129 Section 6. Subsection (3) of section 1012.39, Florida 130 Statutes, is amended to read: 131 1012.39 Employment of substitute teachers, teachers of 132 adult education, nondegreed teachers of career education, and 133 career specialists; students performing clinical field 134 experience.— 135 (3) A student who is enrolled in a state-approved teacher 136 preparation program in a postsecondary educational institution 137 that is approved by rules of the State Board of Education and 138 who is jointly assigned by the postsecondary educational 139 institution and a district school board to perform a clinical 140 field experience under the direction of a regularly employed and 141 certified educator shall, while serving such supervised clinical 142 field experience, be accorded the same protection of law as that 143 accorded to the certified educator except for the right to 144 bargain collectively as an employee of the district school 145 board. The district school board providing the clinical field 146 experience shall notify the student electronically or in writing 147 of the availability of educator liability insurance under s. 148 1012.75. A postsecondary educational institution or district 149 school board may not require a student enrolled in a state 150 approved teacher preparation program to purchase liability 151 insurance as a condition of participation in any clinical field 152 experience or related activity on the premises of an elementary 153 or secondary school. 154 Section 7. Section 1012.562, Florida Statutes, is created 155 to read: 156 1012.562 Public accountability and state approval of school 157 leader preparation programs.—The Department of Education shall 158 establish a process for the approval of Level I and Level II 159 school leader preparation programs that will enable aspiring 160 school leaders to obtain their certificate in educational 161 leadership under s. 1012.56. School leader preparation programs 162 must be competency-based, aligned to the principal leadership 163 standards adopted by the state board, and open to individuals 164 employed by public schools, including charter schools and 165 virtual schools. Level I programs may be offered by school 166 districts or postsecondary institutions and lead to initial 167 certification in educational leadership for the purpose of 168 preparing individuals to serve as school administrators. Level 169 II programs may be offered by school districts, build upon Level 170 I training, and lead to renewal certification as a school 171 principal. 172 (1) PURPOSE.—The purpose of school leader preparation 173 programs is to: 174 (a) Increase the supply of effective school leaders in the 175 public schools of this state. 176 (b) Produce school leaders who are prepared to lead the 177 state’s diverse student population in meeting high standards for 178 academic achievement. 179 (c) Enable school leaders to facilitate the development and 180 retention of effective and highly effective classroom teachers. 181 (d) Produce leaders with the competencies and skills 182 necessary to achieve the state’s education goals. 183 (e) Sustain the state system of school improvement and 184 education accountability. 185 (2) LEVEL I PROGRAMS.— 186 (a) Initial approval of a Level I program shall be for a 187 period of 5 years. A postsecondary institution or school 188 district may submit to the department in a format prescribed by 189 the department an application to establish a Level I school 190 leader preparation program. To be approved, a Level I program 191 must: 192 1. Provide competency-based training aligned to the 193 principal leadership standards adopted by the State Board of 194 Education. 195 2. If the program is provided by a postsecondary 196 institution, partner with at least one school district. 197 3. Describe the qualifications that will be used to 198 determine program admission standards, including a candidate’s 199 instructional expertise and leadership potential. 200 4. Describe how the training provided through the program 201 will be aligned to the personnel evaluation criteria under s. 202 1012.34. 203 (b) Renewal of a Level I program’s approval shall be for a 204 period of 5 years and shall be based upon evidence of the 205 program’s continued ability to meet the requirements of 206 paragraph (a). A postsecondary institution or school district 207 must submit an institutional program evaluation plan in a format 208 prescribed by the department for a Level I program to be 209 considered for renewal. The plan must include: 210 1. The percentage of personnel who complete the program and 211 are placed in school leadership positions in public schools 212 within the state. 213 2. Results from the personnel evaluations required under s. 214 1012.34 for personnel who complete the program. 215 3. The passage rate of personnel who complete the program 216 on the Florida Education Leadership Examination. 217 4. The impact personnel who complete the program have on 218 student learning as measured by the formulas developed by the 219 commissioner pursuant to s. 1012.34(7). 220 5. Strategies for continuous improvement of the program. 221 6. Strategies for involving personnel who complete the 222 program, other school personnel, community agencies, business 223 representatives, and other stakeholders in the program 224 evaluation process. 225 7. Additional data included at the discretion of the 226 postsecondary institution or school district. 227 (c) A Level I program must guarantee the high quality of 228 personnel who complete the program for the first 2 years after 229 program completion or the person’s initial certification as a 230 school leader, whichever occurs first. If a person who completed 231 the program is evaluated at less than highly effective or 232 effective under s. 1012.34 and the person’s employer requests 233 additional training, the Level I program must provide additional 234 training at no cost to the person or his or her employer. The 235 training must include the creation of an individualized plan 236 agreed to by the employer that includes specific learning 237 outcomes. The Level I program is not responsible for the 238 person’s employment contract with his or her employer. 239 (3) LEVEL II PROGRAMS.—Initial approval and subsequent 240 renewal of a Level II program shall be for a period of 5 years. 241 A school district may submit to the department in a format 242 prescribed by the department an application to establish a Level 243 II school leader preparation program or for program renewal. To 244 be approved or renewed, a Level II program must: 245 (a) Demonstrate that personnel accepted into the Level II 246 program have: 247 1. Obtained their certificate in educational leadership 248 under s. 1012.56. 249 2. Earned a highly effective or effective designation under 250 s. 1012.34. 251 3. Satisfactorily performed instructional leadership 252 responsibilities as measured by the evaluation system in s. 253 1012.34. 254 (b) Demonstrate that the Level II program: 255 1. Provides competency-based training aligned to the 256 principal leadership standards adopted by the State Board of 257 Education. 258 2. Provides training aligned to the personnel evaluation 259 criteria under s. 1012.34 and professional development program 260 in s. 1012.986. 261 3. Provides individualized instruction using a customized 262 learning plan for each person enrolled in the program that is 263 based on data from self-assessment, selection, and appraisal 264 instruments. 265 4. Conducts program evaluations and implements program 266 improvements using input from personnel who completed the 267 program and employers and data gathered pursuant to paragraph 268 (2)(b). 269 (c) Gather and monitor the data specified in paragraph 270 (2)(b). 271 (4) RULES.—The State Board of Education shall adopt rules 272 to administer this section. 273 Section 8. Subsection (1) of section 1012.79, Florida 274 Statutes, is amended to read: 275 1012.79 Education Practices Commission; organization.— 276 (1) The Education Practices Commission is composedconsists277 of the following 25 members: 10, including 8teachers; 5 278 administrators, at least one of whom representsshall represent279 a private or virtual school; 47lay citizens who are, 5 of whom280shall beparents of public school students and who are unrelated 281 to public school employees;and2of whom shall beformer 282 charter school governing board or district school board members 283 or former superintendents, assistant superintendents, or deputy 284 superintendents; and 45sworn law enforcement officials, 285 appointed by the State Board of Education from nominations by 286 the Commissioner of Education and subject to Senate 287 confirmation. BeforePrior tomaking nominations, the 288 commissioner shall consult with teaching associations, parent 289 organizations, law enforcement agencies, and other involved 290 associations in the state. In making nominations, the 291 commissioner shall attempt to achieve equal geographical 292 representation, as closely as possible. 293 (a) A teacher member, in order to be qualified for 294 appointment: 295 1. Must be certified to teach in the state. 2962. Must be a resident of the state.297 2.3.Must have practiced the profession in this state for 298 at least 5 years immediately preceding the appointment. 299 (b) A school administrator member, in order to be qualified 300 for appointment: 301 1. Must have an endorsement on the educator certificate in 302 the area of school administration or supervision. 3032. Must be a resident of the state.304 2.3.Must have practiced the profession as an administrator 305 for at least 5 years immediately preceding the appointment. 306(c) The lay members must be residents of the state.307 (c)(d)The law enforcement official members must have 308 served in the profession for at least 5 years immediately 309 preceding appointment and have background expertise in child 310 safety. 311 (d) The Commissioner of Education, upon request or 312 recommendation from the commission, may also appoint up to five 313 emeritus members from the commission’s prior membership to serve 314 1-year terms. Notwithstanding any prior service on the 315 commission, an emeritus member may serve up to five 1-year 316 terms. An emeritus member serves as a voting member at a 317 discipline hearing and as a consulting but nonvoting member 318 during a business meeting. 319 (e) All members must be residents of the state. 320 Section 9. Subsection (3) of section 1012.796, Florida 321 Statutes, is amended to read: 322 1012.796 Complaints against teachers and administrators; 323 procedure; penalties.— 324 (3) The department staff shall advise the commissioner 325 concerning the findings of the investigation. The department 326 general counsel or members of that staff shall review the 327 investigation and advise the commissioner concerning probable 328 cause or lack thereof. The determination of probable cause shall 329 be made by the commissioner. The commissioner shall provide an 330 opportunity for a conference, if requested, prior to determining 331 probable cause. The commissioner may enter into deferred 332 prosecution agreements in lieu of finding probable cause if, in 333 his or her judgment, such agreements are in the best interests 334 of the department, the certificateholder, and the public. Such 335 deferred prosecution agreements shall become effective when 336 filed with the clerk of the Education Practices Commission. 337 However, a deferred prosecution agreement mayshallnot be 338 entered into if there is probable cause to believe that a felony 339 or an act of moral turpitude, as defined by rule of the State 340 Board of Education, has occurred. Upon finding no probable 341 cause, the commissioner shall dismiss the complaint and may 342 issue a letter of guidance to the certificateholder. 343 Section 10. This act shall take effect July 1, 2016.