CS/HB 1411

1	A bill to be entitled
2	An act relating to education personnel; providing a short
3	title; amending s. 39.202, F.S.; providing for access to
4	records by certain education employees or agents in cases
5	of child abuse or neglect; amending ss. 120.81, 1002.36,
6	1003.62, and 1003.621, F.S., to conform to provisions in
7	the act; amending s. 1004.04, F.S.; requiring the
8	Department of Education to report to the State Board of
9	Education on the effectiveness of graduates of state-
10	approved teacher preparation programs; amending s.
11	1012.21, F.S.; conforming provisions; requiring the
12	department to notify the Legislature relating to school
13	district compliance with compensation and salary schedule
14	requirements; requiring the department to report to the
15	State Board of Education on educational insufficiency and
16	dismissal and termination related thereto; requiring
17	rulemaking to define educational insufficiency; amending
18	s. 1012.22, F.S.; deleting certain provisions relating to
19	district school board adoption of salary schedules and the
20	basis for an employee's compensation; requiring each
21	district school board to report to the department on its
22	adopted differentiated pay policy; requiring rulemaking
23	relating to school district implementation of compensation
24	and salary schedule requirements; amending s. 1012.2315,
25	F.S.; revising department reporting requirements relating
26	to the assignment of classroom teachers; amending s.
27	1012.28, F.S.; conforming provisions; creating s.
28	1012.335, F.S., relating to contracts with classroom
29	teachers hired on or after July 1, 2009; providing intent,
30	findings, and definitions; providing conditions for
31	receipt of probationary, annual, and professional
32	performance contracts; providing a penalty for violation
33	of a contract; providing criteria and procedures for
34	suspension or dismissal of classroom teachers on contract;
35	providing procedures for hearings to contest charges;
36	requiring rules to define just cause; amending s. 1012.34,
37	F.S.; revising provisions to require a school district
38	personnel appraisal system; specifying criteria and
39	procedures for the appraisal process; requiring approval
40	of appraisal instruments; requiring appraisals twice a
41	year for first-year teachers; requiring evaluation of the
42	appraisal system; conforming provisions; amending s.
43	1012.52, F.S.; requiring the State Board of Education to
44	adopt by rule the Florida Educator Accomplished Practices;
45	requiring periodic review and revision of the practices;
46	amending s. 1012.56, F.S.; correcting cross-references;
47	authorizing Voluntary Prekindergarten Education Program
48	providers to meet certain requirements relating to
49	educator certification; providing additional means of
50	demonstrating mastery of professional preparation and
51	education competence; authorizing State Board of Education
52	rules for acceptance of certain teaching experience and
53	course credits; providing for retroactive application;
54	amending s. 1012.795, F.S.; conforming provisions;
55	amending s. 1012.98, F.S.; authorizing certain
56	organizations, including organizations of Voluntary
57	Prekindergarten Education Program providers, to develop a
58	professional development system and a program for
59	demonstration of education competence; amending s.
60	1012.986, F.S.; specifying criteria for leadership
61	standards under the William Cecil Golden Professional
62	Development Program for School Leaders; authorizing the
63	program to be offered through state-approved leadership
64	programs; repealing s. 1012.33(3)(g), F.S., relating to
65	acceptance of certain teaching service for purposes of pay
66	for instructional staff, supervisors, and school
67	principals; providing an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  This act may be cited as the "Quality Teachers
72	for All Students Act."
73	Section 2.  Paragraph (r) is added to subsection (2) of
74	section 39.202, Florida Statutes, to read:
75	39.202  Confidentiality of reports and records in cases of
76	child abuse or neglect.--
77	(2)  Except as provided in subsection (4), access to such
78	records, excluding the name of the reporter which shall be
79	released only as provided in subsection (5), shall be granted
80	only to the following persons, officials, and agencies:
81	(r)  Employees or agents of the Department of Education and
82	district school board employees responsible for the
83	investigation or prosecution of misconduct by certified
84	educators.
85	Section 3.  Paragraph (i) of subsection (1) of section
86	120.81, Florida Statutes, is amended to read:
87	120.81  Exceptions and special requirements; general
88	areas.--
89	(1)  EDUCATIONAL UNITS.--
90	(i)  For purposes of s. 120.68, a district school board
91	whose decision is reviewed under the provisions of s. 1012.33 or
92	s. 1012.335 and whose final action is modified by a superior
93	administrative decision shall be a party entitled to judicial
94	review of the final action.
95	Section 4.  Paragraph (g) of subsection (7) of section
96	1002.36, Florida Statutes, is amended to read:
97	1002.36  Florida School for the Deaf and the Blind.--
98	(7)  PERSONNEL SCREENING.--
99	(g)  For purposes of protecting the health, safety, or
100	welfare of students, the Florida School for the Deaf and the
101	Blind is considered a school district and must, except as
102	otherwise provided in this section, comply with ss. 1001.03,
103	1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
104	1012.335, 1012.34, 1012.56, 1012.795, and 1012.796.
105	Section 5.  Paragraph (a) of subsection (2) of section
106	1003.62, Florida Statutes, is amended to read:
107	1003.62  Academic performance-based charter school
108	districts.--The State Board of Education may enter into a
109	performance contract with district school boards as authorized
110	in this section for the purpose of establishing them as academic
111	performance-based charter school districts. The purpose of this
112	section is to examine a new relationship between the State Board
113	of Education and district school boards that will produce
114	significant improvements in student achievement, while complying
115	with constitutional and statutory requirements assigned to each
116	entity.
117	(2)  EXEMPTION FROM STATUTES AND RULES.--
118	(a)  An academic performance-based charter school district
119	shall operate in accordance with its charter and shall be exempt
120	from certain State Board of Education rules and statutes if the
121	State Board of Education determines such an exemption will
122	assist the district in maintaining or improving its high-
123	performing status pursuant to paragraph (1)(a). However, the
124	State Board of Education may not exempt an academic performance-
125	based charter school district from any of the following
126	statutes:
127	1.  Those statutes pertaining to the provision of services
128	to students with disabilities.
129	2.  Those statutes pertaining to civil rights, including s.
130	1000.05, relating to discrimination.
131	3.  Those statutes pertaining to student health, safety,
132	and welfare.
133	4.  Those statutes governing the election or compensation
134	of district school board members.
135	5.  Those statutes pertaining to the student assessment
136	program and the school grading system, including chapter 1008.
137	6.  Those statutes pertaining to financial matters,
138	including chapter 1010.
139	7.  Those statutes pertaining to planning and budgeting,
140	including chapter 1011, except that ss. 1011.64 and 1011.69
141	shall be eligible for exemption.
142	8.  Sections 1012.22(1)(c) and 1012.27(2), relating to
143	differentiated pay and performance-pay policies for school
144	administrators and instructional personnel. Professional service
145	contracts shall be subject to the provisions of ss. 1012.33 and
146	1012.34. Professional performance contracts shall be subject to
147	the provisions of ss. 1012.335 and 1012.34.
148	9.  Those statutes pertaining to educational facilities,
149	including chapter 1013, except as specified under contract with
150	the State Board of Education. However, no contractual provision
151	that could have the effect of requiring the appropriation of
152	additional capital outlay funds to the academic performance-
153	based charter school district shall be valid.
154	Section 6.  Paragraph (h) of subsection (2) of section
155	1003.621, Florida Statutes, is amended to read:
156	1003.621  Academically high-performing school
157	districts.--It is the intent of the Legislature to recognize and
158	reward school districts that demonstrate the ability to
159	consistently maintain or improve their high-performing status.
160	The purpose of this section is to provide high-performing school
161	districts with flexibility in meeting the specific requirements
162	in statute and rules of the State Board of Education.
163	(2)  COMPLIANCE WITH STATUTES AND RULES.--Each academically
164	high-performing school district shall comply with all of the
165	provisions in chapters 1000-1013, and rules of the State Board
166	of Education which implement these provisions, pertaining to the
167	following:
168	(h)  Sections 1012.22(1)(c) and 1012.27(2), relating to
169	differentiated pay and performance-pay policies for school
170	administrators and instructional personnel. Professional service
171	contracts are subject to the provisions of ss. 1012.33 and
172	1012.34. Professional performance contracts are subject to the
173	provisions of ss. 1012.335 and 1012.34.
174	Section 7.  Subsection (13) of section 1004.04, Florida
175	Statutes, is renumbered as subsection (14), and a new subsection
176	(13) is added to that section to read:
177	1004.04  Public accountability and state approval for
178	teacher preparation programs.--
179	(13)  REPORT.--By March 1, 2010, and biennially thereafter,
180	the Department of Education shall report to the State Board of
181	Education on the effectiveness of the graduates of state-
182	approved teacher preparation programs. The report shall include
183	an analysis of the public school student learning gains on
184	statewide assessments, pursuant to s. 1008.22, by students who
185	were taught by graduates of each state-approved teacher
186	preparation program.
187	Section 8.  Subsections (2) and (6) of section 1012.21,
188	Florida Statutes, are amended to read:
189	1012.21  Department of Education duties; K-12 personnel.--
190	(2)  COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT
191	WAS TERMINATED.--
192	(a)  The Department of Education shall establish a computer
193	database containing the names of persons whose employment is
194	terminated under s. 1012.33(1)(a) or (4)(c) or under s.
195	1012.335(6) or (7), which information shall be available to the
196	district school superintendents and their designees.
197	(b)  Each district school superintendent shall report to
198	the Department of Education the name of any person terminated
199	under s. 1012.33(1)(a) or (4)(c) or under s. 1012.335(6) or (7)
200	within 10 working days after the date of final action by the
201	district school board on the termination, and the department
202	shall immediately enter the information in the computer records.
203	(6)  REPORTING.-- The Department of Education shall
204	annually:
205	(a)  Post online links to each school district's collective
206	bargaining contracts and the salary and benefits of the
207	personnel or officers of any educator association which were
208	paid by the school district pursuant to s. 1012.22.
209	(b)  Notify the President of the Senate and the Speaker of
210	the House of Representatives of any school district that does
211	not comply with the requirements of s. 1012.22(1)(c).
212	(c)  Report to the State Board of Education by school
213	district the number of classroom teachers whose students'
214	declining academic performance indicates educational
215	insufficiency. The State Board of Education shall adopt rules to
216	define educational insufficiency, which shall be based upon
217	multiyear, objective data on declines in student performance.
218	(d)  Report to the State Board of Education by school
219	district the number of dismissals initiated based on educational
220	insufficiency as defined by state board rule and the number of
221	the initiated dismissals that resulted in termination of
222	classroom teachers.
223	Section 9.  Paragraph (c) of subsection (1) of section
224	1012.22, Florida Statutes, is amended to read:
225	1012.22  Public school personnel; powers and duties of the
226	district school board.--The district school board shall:
227	(1)  Designate positions to be filled, prescribe
228	qualifications for those positions, and provide for the
229	appointment, compensation, promotion, suspension, and dismissal
230	of employees as follows, subject to the requirements of this
231	chapter:
232	(c)  Compensation and salary schedules.--
233	1.  The district school board shall adopt a salary schedule
234	or salary schedules designed to furnish incentives for
235	improvement in training and for continued efficient service to
236	be used as a basis for paying all school employees and fix and
237	authorize the compensation of school employees on the basis
238	thereof.
239	1.2.  A district school board, in determining the salary
240	schedule for instructional personnel, must base a portion of
241	each employee's compensation on performance demonstrated under
242	s. 1012.34, must consider the prior teaching experience of a
243	person who has been designated state teacher of the year by any
244	state in the United States, and must consider prior professional
245	experience in the field of education gained in positions in
246	addition to district level instructional and administrative
247	positions.
248	2.3.  In developing the salary schedule, the district
249	school board shall seek input from parents, teachers, and
250	representatives of the business community.
251	3.4.  Beginning with the 2007-2008 academic year, Each
252	district school board shall adopt a salary schedule with
253	differentiated pay for both instructional personnel and school-
254	based administrators. The salary schedule is subject to
255	negotiation as provided in chapter 447 and must allow
256	differentiated pay based on district-determined factors,
257	including, but not limited to, additional responsibilities,
258	school demographics, critical shortage areas, and level of job
259	performance difficulties. Each district school board shall
260	annually report to the Department of Education on its adopted
261	differentiated pay policy in the manner and format prescribed by
262	the department.
263
264	The State Board of Education shall adopt rules pursuant to ss.
265	120.536(1) and 120.54 to implement this paragraph. Such rules
266	shall include compliance requirements for district salary
267	schedules regarding individual performance and differentiated
268	pay, reporting formats, and procedures for review of salary
269	schedules.
270	Section 10.  Subsection (5) of section 1012.2315, Florida
271	Statutes, is amended to read:
272	1012.2315  Assignment of teachers.--
273	(5)  REPORT.--The Department of Education shall annually:
274	(a)  Post on its Internet website the percentage of
275	classroom teachers by school who are first-time teachers,
276	temporarily certified teachers, teachers in need of improvement,
277	or out-of-field teachers.
278	(b)  Report to the President of the Senate and the Speaker
279	of the House of Representatives any school district that does
280	not comply with this section. Schools graded "D" or "F" shall
281	annually report their teacher-retention rate. Included in this
282	report shall be reasons listed for leaving by each teacher who
283	left the school for any reason.
284	Section 11.  Subsection (3) of section 1012.28, Florida
285	Statutes, is amended to read:
286	1012.28  Public school personnel; duties of school
287	principals.--
288	(3)  Each school principal is responsible for the
289	performance of all personnel employed by the district school
290	board and assigned to the school to which the principal is
291	assigned. The school principal shall faithfully and effectively
292	apply the personnel appraisal assessment system approved by the
293	district school board pursuant to s. 1012.34.
294	Section 12.  Section 1012.335, Florida Statutes, is created
295	to read:
296	1012.335  Contracts with classroom teachers hired on or
297	after July 1, 2009.--
298	(1)  LEGISLATIVE INTENT.--It is the intent of the
299	Legislature to ensure that every student has a high-quality
300	teacher in his or her classroom.
301	(2)  FINDINGS.--The Legislature finds that:
302	(a)  The quality of the classroom teacher is the single
303	most important factor impacting the quality of education in the
304	state's public school classrooms.
305	(b)  An effective classroom teacher can produce student
306	learning gains far greater than those of an ineffective
307	classroom teacher.
308	(c)  An effective classroom teacher can increase student
309	learning and thereby provide the student with the potential for
310	greater future success and higher income over a lifetime.
311	(d)  District school boards need flexibility to recruit and
312	retain high-quality classroom teachers.
313	(3)  DEFINITIONS.--
314	(a)  "Annual contract" means a contract for a period of no
315	longer than 1 school year which the district school board can
316	choose to renew or not renew without cause.
317	(b)  "Classroom teacher" means the same as classroom
318	teacher as defined in s. 1012.01(2)(a), excluding substitute
319	teachers.
320	(c)  "Probationary contract" means a contract for a period
321	of no longer than 1 school year in which a classroom teacher may
322	be dismissed without cause or may resign from the contractual
323	position without breach of contract.
324	(d)  "Professional performance contract" means a contract
325	for a period of no longer than 5 school years which the district
326	school board can choose to renew or not renew without cause.
327	(4)  EMPLOYMENT.--
328	(a)  Beginning July 1, 2009, each person newly hired as a
329	classroom teacher by a Florida school district shall receive a
330	probationary contract.
331	(b)  Classroom teachers are eligible for an annual contract
332	after successful completion of the term of a probationary
333	contract. No classroom teacher shall receive more than 7
334	consecutive annual contracts.
335	(c)  Classroom teachers are eligible for a professional
336	performance contract after completion of no fewer than 5 annual
337	contracts in the same school district during a period not in
338	excess of 7 successive years, except for leave duly authorized
339	and granted. A professional performance contract may only be
340	offered by a district school board to a classroom teacher:
341	1.  Who holds a professional certificate as prescribed by
342	s. 1012.56 and rules of the State Board of Education.
343	2.  Who has been recommended by the district school
344	superintendent for such contract and approved by the district
345	school board based on the successful performance of duties and
346	demonstration of professional competence.
347	3.  Whose performance is satisfactory after a cumulative
348	review of the teacher's effectiveness in the classroom based on
349	objective student learning gains.
350	(d)  A district school board may issue a professional
351	performance contract on or after July 1, 2009, to any classroom
352	teacher who has previously held a professional performance
353	contract, a professional service contract, or a continuing
354	contract in the same or another school district within this
355	state. Any classroom teacher who holds a professional service
356	contract or a continuing contract may, but is not required to,
357	exchange such contract for a professional performance contract
358	in the same district.
359	(5)  VIOLATION OF CONTRACT.--Any classroom teacher who is
360	employed on the basis of a written offer of a specific position
361	by a duly authorized agent of the district school board for a
362	stated term of service at a specified salary, who accepted such
363	offer by telegram or letter or by signing the regular contract
364	form, and who violates the terms of such contract or agreement
365	by leaving his or her position without first being released from
366	his or her contract or agreement by the district school board of
367	the district in which the classroom teacher is employed shall be
368	subject to the jurisdiction of the Education Practices
369	Commission. The district school board shall take official action
370	on such violation and shall furnish a copy of its official
371	minutes to the Commissioner of Education.
372	(6)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
373	ANNUAL CONTRACT.--Any classroom teacher with an annual contract
374	may be suspended or dismissed at any time during the term of the
375	contract for just cause as provided in subsection (8). The
376	district school board must notify the classroom teacher in
377	writing whenever charges are made against the classroom teacher
378	and may suspend such person without pay. However, if the charges
379	are not sustained, the classroom teacher shall be immediately
380	reinstated and his or her back salary shall be paid.
381	(7)  SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
382	PROFESSIONAL PERFORMANCE CONTRACT.--Any classroom teacher with a
383	professional performance contract may be suspended or dismissed
384	at any time during the term of the contract for just cause as
385	provided in subsection (8). The district school board must
386	notify the classroom teacher in writing whenever charges are
387	made against the classroom teacher and may suspend such person
388	without pay. However, if the charges are not sustained, the
389	classroom teacher shall be immediately reinstated and his or her
390	back salary shall be paid. If the classroom teacher wishes to
391	contest the charges, the classroom teacher must, within 15 days
392	after receipt of the written notice, submit a written request
393	for a hearing to the district school board. Such hearing shall
394	be conducted at the district school board's election in
395	accordance with one of the following procedures:
396	(a)  A direct hearing conducted by the district school
397	board within 60 days after receipt of the written appeal. The
398	hearing shall be conducted in accordance with the provisions of
399	ss. 120.569 and 120.57. A majority vote of the membership of the
400	district school board shall be required to sustain the district
401	school superintendent's recommendation. The determination of the
402	district school board shall be final as to the sufficiency or
403	insufficiency of the grounds for termination of employment; or
404	(b)  A hearing conducted by an administrative law judge
405	assigned by the Division of Administrative Hearings of the
406	Department of Management Services. The hearing shall be
407	conducted within 60 days after receipt of the written appeal in
408	accordance with chapter 120. The recommendation of the
409	administrative law judge shall be made to the district school
410	board. A majority vote of the membership of the district school
411	board shall be required to sustain or change the administrative
412	law judge's recommendation. The determination of the district
413	school board shall be final as to the sufficiency or
414	insufficiency of the grounds for termination of employment.
415
416	Any such decision adverse to the classroom teacher may be
417	appealed by the classroom teacher pursuant to s. 120.68 if the
418	appeal is filed within 30 days after the decision of the
419	district school board.
420	(8)  JUST CAUSE.--The State Board of Education shall adopt
421	rules to define just cause. Just cause includes, but is not
422	limited to:
423	(a)  Immorality.
424	(b)  Misconduct in office.
425	(c)  Incompetency.
426	(d)  Gross insubordination.
427	(e)  Willful neglect of duty.
428	(f)  Being convicted or found guilty of, or entering a plea
429	of guilty to, regardless of adjudication of guilt, any crime
430	involving moral turpitude.
431	(g)  Educational insufficiency.
432
433	The rules shall include a definition of educational
434	insufficiency that is based upon multiyear, objective data on
435	declines in student performance.
436	Section 13.  Section 1012.34, Florida Statutes, is amended
437	to read:
438	1012.34  Appraisal Assessment procedures and criteria.--
439	(1)  For the purpose of increasing student achievement by
440	improving the quality of instructional, administrative, and
441	supervisory services in the public schools of the state, the
442	district school superintendent shall establish procedures for
443	evaluating assessing the performance of duties and
444	responsibilities of all instructional, administrative, and
445	supervisory personnel employed by the school district. The
446	Department of Education must approve each district's
447	instructional personnel appraisal assessment system and
448	appraisal instruments.
449	(2)  The following conditions must be considered in the
450	design of the district's instructional personnel appraisal
451	assessment system:
452	(a)  The system must be designed to support district and
453	school level improvement plans.
454	(b)  The system must provide appropriate appraisal
455	instruments, procedures, and criteria for continuous quality
456	improvement of the professional skills of instructional
457	personnel.
458	(c)  The system must include a mechanism to give parents an
459	opportunity to provide input into employee performance
460	appraisals assessments when appropriate.
461	(d)  In addition to addressing generic teaching
462	competencies, districts must determine those teaching fields for
463	which special procedures and criteria will be developed,
464	including a process for determining the professional education
465	competence of a teacher who holds a temporary certificate as
466	required under s. 1012.56.
467	(e)  Each district school board may establish a peer
468	assistance process. The plan may provide a mechanism for
469	assistance of persons who are placed on performance probation as
470	well as offer assistance to other employees who request it.
471	(f)  Each The district school board shall provide training
472	programs that are based upon guidelines provided by the
473	Department of Education to ensure that all individuals with
474	evaluation responsibilities understand the proper use of the
475	appraisal assessment criteria and procedures.
476	(g)  The system must include a process for monitoring the
477	effective and consistent use of appraisal criteria by
478	supervisors and administrators and a process for evaluating the
479	effectiveness of the system itself in improving the level of
480	instruction and learning in the district's schools.
481	(3)  The appraisal assessment procedure for instructional
482	personnel and school administrators must be primarily based on
483	the performance of students assigned to their classrooms or
484	schools, as appropriate. Pursuant to this section, a school
485	district's performance appraisal assessment is not limited to
486	basing unsatisfactory performance of instructional personnel and
487	school administrators upon student performance, but may include
488	other criteria approved to evaluate assess instructional
489	personnel and school administrators' performance, or any
490	combination of student performance and other approved criteria.
491	The procedures must comply with, but are not limited to, the
492	following requirements:
493	(a)  An appraisal assessment must be conducted for each
494	employee at least once a year, except that an appraisal for each
495	first-year teacher must be conducted at least twice a year. The
496	appraisal assessment must be based upon sound educational
497	principles and contemporary research in effective educational
498	practices. The assessment must primarily use data and indicators
499	of improvement in student performance assessed annually as
500	specified in s. 1008.22 and may consider results of peer reviews
501	in evaluating the employee's performance. Student performance
502	must be measured by state assessments required under s. 1008.22
503	and by local assessments for subjects and grade levels not
504	measured by the state assessment program. The appraisal
505	assessment criteria must include, but are not limited to,
506	indicators that relate to the following:
507	1.  Performance of students. The appraisal must primarily
508	use data and indicators of improvement in student performance
509	assessed annually as specified in s. 1008.22 and by district-
510	determined assessments for subjects and grade levels not
511	measured by the state assessment program.
512	2.  Instructional practice. For instructional personnel,
513	performance criteria must include indicators based on each of
514	the Florida Educator Accomplished Practices adopted by the State
515	Board of Education under s. 1012.52.
516	3.  Instructional leadership. For school-based
517	administrators, performance criteria must include indicators
518	based on each of the leadership standards adopted by the State
519	Board of Education under s. 1012.986.
520	4.  Professional responsibilities. Such criteria must
521	include professional responsibilities and employment
522	requirements as established by the State Board of Education and
523	through policies of the district school board.
524	2.  Ability to maintain appropriate discipline.
525	3.  Knowledge of subject matter. The district school board
526	shall make special provisions for evaluating teachers who are
527	assigned to teach out-of-field.
528	4.  Ability to plan and deliver instruction and the use of
529	technology in the classroom.
530	5.  Ability to evaluate instructional needs.
531	6.  Ability to establish and maintain a positive
532	collaborative relationship with students' families to increase
533	student achievement.
534	7.  Other professional competencies, responsibilities, and
535	requirements as established by rules of the State Board of
536	Education and policies of the district school board.
537	(b)  All personnel must be fully informed of the criteria
538	and procedures associated with the appraisal assessment process
539	before the appraisal assessment takes place.
540	(c)  The individual responsible for supervising the
541	employee must evaluate assess the employee's performance. The
542	evaluator must submit a written report of the appraisal
543	assessment to the district school superintendent for the purpose
544	of reviewing the employee's contract. The evaluator must submit
545	the written report to the employee no later than 10 days after
546	the appraisal assessment takes place. The evaluator must discuss
547	the written report of appraisal assessment with the employee.
548	The employee shall have the right to initiate a written response
549	to the appraisal assessment, and the response shall become a
550	permanent attachment to his or her personnel file.
551	(d)  If an employee is not performing his or her duties in
552	a satisfactory manner, the evaluator shall notify the employee
553	in writing of such determination. The notice must describe such
554	unsatisfactory performance and include notice of the following
555	procedural requirements:
556	1.  Upon delivery of a notice of unsatisfactory
557	performance, the evaluator must confer with the employee, make
558	recommendations with respect to specific areas of unsatisfactory
559	performance, and provide assistance in helping to correct
560	deficiencies within a prescribed period of time.
561	2.a.  If the employee holds a professional service contract
562	as provided in s. 1012.33 or a professional performance contract
563	as provided in 1012.335, the employee shall be placed on
564	performance probation and governed by the provisions of this
565	section for 90 calendar days following the receipt of the notice
566	of unsatisfactory performance to demonstrate corrective action.
567	School holidays and school vacation periods are not counted when
568	calculating the 90-calendar-day period. During the 90 calendar
569	days, the employee who holds a professional service contract or
570	a professional performance contract must be evaluated
571	periodically and apprised of progress achieved and must be
572	provided assistance and inservice training opportunities to help
573	correct the noted performance deficiencies. At any time during
574	the 90 calendar days, the employee who holds a professional
575	service contract or a professional performance contract may
576	request a transfer to another appropriate position with a
577	different supervising administrator; however, a transfer does
578	not extend the period for correcting performance deficiencies.
579	b.  Within 14 days after the close of the 90 calendar days,
580	the evaluator must evaluate assess whether the performance
581	deficiencies have been corrected and forward a recommendation to
582	the district school superintendent. Within 14 days after
583	receiving the evaluator's recommendation, the district school
584	superintendent must notify the employee who holds a professional
585	service contract or a professional performance contract in
586	writing whether the performance deficiencies have been
587	satisfactorily corrected and whether the district school
588	superintendent will recommend that the district school board
589	continue or terminate his or her employment contract. If the
590	employee wishes to contest the district school superintendent's
591	recommendation, the employee must, within 15 days after receipt
592	of the district school superintendent's recommendation, submit a
593	written request for a hearing. The hearing shall be conducted at
594	the district school board's election in accordance with one of
595	the following procedures:
596	(I)  A direct hearing conducted by the district school
597	board within 60 days after receipt of the written appeal. The
598	hearing shall be conducted in accordance with the provisions of
599	ss. 120.569 and 120.57. A majority vote of the membership of the
600	district school board shall be required to sustain the district
601	school superintendent's recommendation. The determination of the
602	district school board shall be final as to the sufficiency or
603	insufficiency of the grounds for termination of employment; or
604	(II)  A hearing conducted by an administrative law judge
605	assigned by the Division of Administrative Hearings of the
606	Department of Management Services. The hearing shall be
607	conducted within 60 days after receipt of the written appeal in
608	accordance with chapter 120. The recommendation of the
609	administrative law judge shall be made to the district school
610	board. A majority vote of the membership of the district school
611	board shall be required to sustain or change the administrative
612	law judge's recommendation. The determination of the district
613	school board shall be final as to the sufficiency or
614	insufficiency of the grounds for termination of employment.
615	(4)  The district school superintendent shall notify the
616	department of any instructional personnel who receive two
617	consecutive unsatisfactory evaluations and who have been given
618	written notice by the district that their employment is being
619	terminated or is not being renewed or that the district school
620	board intends to terminate, or not renew, their employment. The
621	department shall conduct an investigation to determine whether
622	action shall be taken against the certificateholder pursuant to
623	s. 1012.795(1)(c).
624	(5)  The district school superintendent shall develop a
625	mechanism for evaluating the effective use of assessment
626	criteria and evaluation procedures by administrators who are
627	assigned responsibility for evaluating the performance of
628	instructional personnel. The use of the assessment and
629	evaluation procedures shall be considered as part of the annual
630	assessment of the administrator's performance. The system must
631	include a mechanism to give parents and teachers an opportunity
632	to provide input into the administrator's performance
633	assessment, when appropriate.
634	(5)(6)  Nothing in this section shall be construed to grant
635	a probationary employee a right to continued employment beyond
636	the term of his or her contract.
637	(6)(7)  The district school board shall establish a
638	procedure annually reviewing instructional personnel appraisal
639	assessment systems to determine compliance with this section.
640	All substantial revisions to an approved system must be reviewed
641	and approved by the district school board before being used to
642	evaluate assess instructional personnel. Upon request by a
643	school district, the department shall provide assistance in
644	developing, improving, or reviewing an appraisal assessment
645	system.
646	(7)(8)  The State Board of Education shall adopt rules
647	pursuant to ss. 120.536(1) and 120.54, that establish uniform
648	guidelines for the submission, review, and approval of district
649	procedures for the annual appraisal assessment of instructional
650	personnel and that include criteria for evaluating professional
651	performance.
652	Section 14.  Subsection (3) is added to section 1012.52,
653	Florida Statutes, to read:
654	1012.52  Teacher quality; legislative findings; Florida
655	Educator Accomplished Practices.--
656	(3)  The State Board of Education shall adopt by rule the
657	Florida Educator Accomplished Practices, which shall form the
658	basis for the state's expectations for effective instructional
659	practice. The Commissioner of Education shall periodically
660	review the Florida Educator Accomplished Practices based on
661	contemporary educational research and analysis of student
662	performance data. The commissioner shall include input from
663	associations representing teachers, principals, superintendents,
664	and school boards when reviewing the Florida Educator
665	Accomplished Practices. Upon finalizing any resulting revisions
666	to the Florida Educator Accomplished Practices, the commissioner
667	shall submit the revised practices and supporting evaluation
668	information to the Governor, the President of the Senate, and
669	the Speaker of the House of Representatives at least 21 days
670	before the State Board of Education considers adoption of the
671	revised practices.
672	Section 15.  Subsection (1) and paragraphs (g) and (h) of
673	subsection (6) of section 1012.56, Florida Statutes, are
674	amended, paragraph (i) is added to subsection (6), and
675	subsection (18) is added to that section, to read:
676	1012.56  Educator certification requirements.--
677	(1)  APPLICATION.--Each person seeking certification
678	pursuant to this chapter shall submit a completed application
679	containing the applicant's social security number to the
680	Department of Education and remit the fee required pursuant to
681	s. 1012.59 and rules of the State Board of Education. Pursuant
682	to the federal Personal Responsibility and Work Opportunity
683	Reconciliation Act of 1996, each party is required to provide
684	his or her social security number in accordance with this
685	section. Disclosure of social security numbers obtained through
686	this requirement is limited to the purpose of administration of
687	the Title IV-D program of the Social Security Act for child
688	support enforcement. Pursuant to s. 120.60, the department shall
689	issue within 90 calendar days after the stamped receipted date
690	of the completed application:
691	(a)  If the applicant meets the requirements, a
692	professional certificate covering the classification, level, and
693	area for which the applicant is deemed qualified and a document
694	explaining the requirements for renewal of the professional
695	certificate;
696	(b)  If the applicant meets the requirements and if
697	requested by an employing school district or an employing
698	private school with a professional education competence
699	demonstration program pursuant to paragraphs (6)(f) (5)(f) and
700	(8)(b) (7)(b), a temporary certificate covering the
701	classification, level, and area for which the applicant is
702	deemed qualified and an official statement of status of
703	eligibility; or
704	(c)  If an applicant does not meet the requirements for
705	either certificate, an official statement of status of
706	eligibility.
707
708	The statement of status of eligibility must advise the applicant
709	of any qualifications that must be completed to qualify for
710	certification. Each statement of status of eligibility is valid
711	for 3 years after its date of issuance, except as provided in
712	paragraph (2)(d). For purposes of this section, the term
713	"private school" includes an approved Voluntary Prekindergarten
714	Education Program private prekindergarten provider.
715	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
716	COMPETENCE.--Acceptable means of demonstrating mastery of
717	professional preparation and education competence are:
718	(g)  Successful completion of a professional preparation
719	alternative certification and education competency program,
720	outlined in paragraph (8)(a) (7)(a); or
721	(h)  Successful completion of an alternative certification
722	program pursuant to s. 1004.85 and achievement of a passing
723	score on the professional education competency examination
724	required by rule of the State Board of Education; or
725	(i)  Successful completion of a professional education
726	training program provided by Teach for America and achievement
727	of a passing score on the professional education competency
728	examination required by rule of the State Board of Education.
729	(18)  MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL
730	ON EDUCATION TRANSCRIPTS; RULES.--The State Board of Education
731	may adopt rules that:
732	(a)  For purposes of demonstrating mastery of professional
733	preparation and education competence through the completion of
734	professional preparation courses as specified in state board
735	rule, allow a person to use his or her teaching experience as a
736	military instructor to verify occupational teaching experience
737	for the same number of years of instruction provided in one of
738	the branches of the United States Armed Forces.
739	(b)  For purposes of demonstrating the completion of
740	certification requirements specified in state board rule, allow
741	for the acceptance of college course credits recommended by the
742	American Council on Education (ACE), which are posted on an
743	official ACE transcript.
744	(c)  This subsection applies to credit for instruction
745	performed, or course credits awarded, prior to, on, and after
746	July 1, 2009.
747	Section 16.  Paragraph (h) of subsection (1) of section
748	1012.795, Florida Statutes, is amended to read:
749	1012.795  Education Practices Commission; authority to
750	discipline.--
751	(1)  The Education Practices Commission may suspend the
752	educator certificate of any person as defined in s. 1012.01(2)
753	or (3) for up to 5 years, thereby denying that person the right
754	to teach or otherwise be employed by a district school board or
755	public school in any capacity requiring direct contact with
756	students for that period of time, after which the holder may
757	return to teaching as provided in subsection (4); may revoke the
758	educator certificate of any person, thereby denying that person
759	the right to teach or otherwise be employed by a district school
760	board or public school in any capacity requiring direct contact
761	with students for up to 10 years, with reinstatement subject to
762	the provisions of subsection (4); may revoke permanently the
763	educator certificate of any person thereby denying that person
764	the right to teach or otherwise be employed by a district school
765	board or public school in any capacity requiring direct contact
766	with students; may suspend the educator certificate, upon an
767	order of the court or notice by the Department of Revenue
768	relating to the payment of child support; or may impose any
769	other penalty provided by law, if the person:
770	(h)  Has breached a contract, as provided in s. 1012.33(2)
771	or s. 1012.335(5).
772	Section 17.  Subsection (6) of section 1012.98, Florida
773	Statutes, is amended to read:
774	1012.98  School Community Professional Development Act.--
775	(6)  An organization of private schools which has no fewer
776	than 10 member schools in this state, which publishes and files
777	with the Department of Education copies of its standards, and
778	the member schools of which comply with the provisions of part
779	II of chapter 1003, relating to compulsory school attendance, or
780	an organization of approved Voluntary Prekindergarten Education
781	Program providers with no fewer than 10 members in this state,
782	may also develop a professional development system that includes
783	a master plan for inservice activities and a program for
784	demonstration of professional education competence under s.
785	1012.56. The professional development system and inservice plan
786	must be submitted to the commissioner for approval pursuant to
787	rules of the State Board of Education.
788	Section 18.  Section 1012.986, Florida Statutes, is amended
789	to read:
790	1012.986  William Cecil Golden Professional Development
791	Program for School Leaders.--
792	(1)  There is established the William Cecil Golden
793	Professional Development Program for School Leaders to provide
794	high standards and sustained support for principals as
795	instructional leaders. The program shall consist of a
796	collaborative network of state and national professional
797	leadership organizations to respond to instructional leadership
798	needs throughout the state.
799	(2)  The network shall support the human-resource
800	development needs of principals, principal leadership teams, and
801	candidates for principal leadership positions using the
802	framework of leadership standards adopted by the State Board of
803	Education, the Southern Regional Education Board, and the
804	National Staff Development Council. Leadership standards adopted
805	under this section must focus on instructional leadership and
806	include the ability to:
807	(a)  Identify and promote effective instruction.
808	(b)  Recruit and retain high-performing instructional
809	personnel.
810	(c)  Manage resources so as to maximize their use for
811	improving student achievement.
812	(3)  The goals goal of the network leadership program are
813	is to:
814	(a)  Provide resources to support and enhance the
815	principal's role as the instructional leader.
816	(b)  Maintain a clearinghouse and disseminate data-
817	supported information related to enhanced student achievement,
818	based on educational research and best practices.
819	(c)  Build the capacity to increase the quality of programs
820	for preservice education for aspiring principals and inservice
821	professional development for principals and principal leadership
822	teams.
823	(d)  Support best teaching and research-based instructional
824	practices through dissemination and modeling at the preservice
825	and inservice levels for both teachers and principals.
826	(4)(2)  The Department of Education shall coordinate
827	through the network identified in subsection (1) to offer the
828	program through multiple delivery systems, including:
829	(a)  Approved school district training programs.
830	(b)  Interactive technology-based instruction.
831	(c)  Regional consortium service organizations pursuant to
832	s. 1001.451.
833	(d)  State, regional, or local leadership academies.
834	(e)  State-approved educational leadership programs in
835	public and nonpublic colleges and universities.
836	(5)(3)  The State Board of Education shall adopt rules
837	pursuant to ss. 120.536(1) and 120.54 to administer this
838	section.
839	Section 19.  Paragraph (g) of subsection (3) of section
840	1012.33, Florida Statutes, is repealed.
841	Section 20.  This act shall take effect upon becoming a
842	law.

CODING: Words stricken are deletions; words underlined are additions.