Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2458
       
       
       
       
       
       
                                Barcode 262762                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2009           .                                
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       The Committee on Education Pre-K - 12 (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Quality Teachers
    6  for All Students Act.”
    7         Section 2. Paragraph (r) is added to subsection (2) of
    8  section 39.202, Florida Statutes, to read:
    9         39.202 Confidentiality of reports and records in cases of
   10  child abuse or neglect.—
   11         (2) Except as provided in subsection (4), access to such
   12  records, excluding the name of the reporter which shall be
   13  released only as provided in subsection (5), shall be granted
   14  only to the following persons, officials, and agencies:
   15         (r)Employees or agents of the Department of Education and
   16  district school board employees responsible for the
   17  investigation or prosecution of misconduct by certified
   18  educators.
   19         Section 3. Paragraph (i) of subsection (1) of section
   20  120.81, Florida Statutes, is amended to read:
   21         120.81 Exceptions and special requirements; general areas.—
   22         (1) EDUCATIONAL UNITS.—
   23         (i) For purposes of s. 120.68, a district school board
   24  whose decision is reviewed under the provisions of s. 1012.33 or
   25  s. 1012.335 and whose final action is modified by a superior
   26  administrative decision shall be a party entitled to judicial
   27  review of the final action.
   28         Section 4. Paragraph (g) of subsection (7) of section
   29  1002.36, Florida Statutes, is amended to read:
   30         1002.36 Florida School for the Deaf and the Blind.—
   31         (7) PERSONNEL SCREENING.—
   32         (g) For purposes of protecting the health, safety, or
   33  welfare of students, the Florida School for the Deaf and the
   34  Blind is considered a school district and must, except as
   35  otherwise provided in this section, comply with ss. 1001.03,
   36  1001.42, 1001.51, 1006.061, 1012.27, 1012.315, 1012.32, 1012.33,
   37  1012.335, 1012.34, 1012.56, 1012.795, and 1012.796.
   38         Section 5. Paragraph (a) of subsection (2) of section
   39  1003.62, Florida Statutes, is amended to read:
   40         1003.62 Academic performance-based charter school
   41  districts.—The State Board of Education may enter into a
   42  performance contract with district school boards as authorized
   43  in this section for the purpose of establishing them as academic
   44  performance-based charter school districts. The purpose of this
   45  section is to examine a new relationship between the State Board
   46  of Education and district school boards that will produce
   47  significant improvements in student achievement, while complying
   48  with constitutional and statutory requirements assigned to each
   49  entity.
   50         (2) EXEMPTION FROM STATUTES AND RULES.—
   51         (a) An academic performance-based charter school district
   52  shall operate in accordance with its charter and shall be exempt
   53  from certain State Board of Education rules and statutes if the
   54  State Board of Education determines such an exemption will
   55  assist the district in maintaining or improving its high
   56  performing status pursuant to paragraph (1)(a). However, the
   57  State Board of Education may not exempt an academic performance
   58  based charter school district from any of the following
   59  statutes:
   60         1. Those statutes pertaining to the provision of services
   61  to students with disabilities.
   62         2. Those statutes pertaining to civil rights, including s.
   63  1000.05, relating to discrimination.
   64         3. Those statutes pertaining to student health, safety, and
   65  welfare.
   66         4. Those statutes governing the election or compensation of
   67  district school board members.
   68         5. Those statutes pertaining to the student assessment
   69  program and the school grading system, including chapter 1008.
   70         6. Those statutes pertaining to financial matters,
   71  including chapter 1010.
   72         7. Those statutes pertaining to planning and budgeting,
   73  including chapter 1011, except that ss. 1011.64 and 1011.69
   74  shall be eligible for exemption.
   75         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
   76  differentiated pay and performance-pay policies for school
   77  administrators and instructional personnel. Professional service
   78  contracts shall be subject to the provisions of ss. 1012.33 and
   79  1012.34. Professional performance contracts shall be subject to
   80  the provisions of ss. 1012.335 and 1012.34.
   81         9. Those statutes pertaining to educational facilities,
   82  including chapter 1013, except as specified under contract with
   83  the State Board of Education. However, no contractual provision
   84  that could have the effect of requiring the appropriation of
   85  additional capital outlay funds to the academic performance
   86  based charter school district shall be valid.
   87         Section 6. Paragraph (h) of subsection (2) of section
   88  1003.621, Florida Statutes, is amended to read:
   89         1003.621 Academically high-performing school districts.—It
   90  is the intent of the Legislature to recognize and reward school
   91  districts that demonstrate the ability to consistently maintain
   92  or improve their high-performing status. The purpose of this
   93  section is to provide high-performing school districts with
   94  flexibility in meeting the specific requirements in statute and
   95  rules of the State Board of Education.
   96         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
   97  high-performing school district shall comply with all of the
   98  provisions in chapters 1000-1013, and rules of the State Board
   99  of Education which implement these provisions, pertaining to the
  100  following:
  101         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  102  differentiated pay and performance-pay policies for school
  103  administrators and instructional personnel. Professional service
  104  contracts are subject to the provisions of ss. 1012.33 and
  105  1012.34. Professional performance contracts are subject to the
  106  provisions of ss. 1012.335 and 1012.34.
  107         Section 7. Subsection (13) of section 1004.04, Florida
  108  Statutes, is renumbered as subsection (14), and a new subsection
  109  (13) is added to that section to read:
  110         1004.04 Public accountability and state approval for
  111  teacher preparation programs.—
  112         (13)REPORT.—By March 1, 2010, and biennially thereafter,
  113  the Department of Education shall report to the State Board of
  114  Education on the effectiveness of the graduates of state
  115  approved teacher preparation programs. The report shall include
  116  an analysis of the public school student learning gains on
  117  statewide assessments, pursuant to s. 1008.22, by students who
  118  were taught by graduates of each state-approved teacher
  119  preparation program.
  120         Section 8. Subsections (2) and (6) of section 1012.21,
  121  Florida Statutes, are amended to read:
  122         1012.21 Department of Education duties; K-12 personnel.—
  123         (2) COMPUTER DATABASE OF CERTAIN PERSONS WHOSE EMPLOYMENT
  124  WAS TERMINATED.—
  125         (a) The Department of Education shall establish a computer
  126  database containing the names of persons whose employment is
  127  terminated under s. 1012.33(1)(a) or (4)(c) or under s.
  128  1012.335(6) or (7), which information shall be available to the
  129  district school superintendents and their designees.
  130         (b) Each district school superintendent shall report to the
  131  Department of Education the name of any person terminated under
  132  s. 1012.33(1)(a) or (4)(c) or under s. 1012.335(6) or (7) within
  133  10 working days after the date of final action by the district
  134  school board on the termination, and the department shall
  135  immediately enter the information in the computer records.
  136         (6) REPORTING.—The Department of Education shall annually:
  137         (a) Post online links to each school district’s collective
  138  bargaining contracts and the salary and benefits of the
  139  personnel or officers of any educator association which were
  140  paid by the school district pursuant to s. 1012.22.
  141         (b)Notify the President of the Senate and the Speaker of
  142  the House of Representatives of any school district that does
  143  not comply with the requirements of s. 1012.22(1)(c).
  144         (c)Report to the State Board of Education by school
  145  district the number of classroom teachers whose students’
  146  declining academic performance indicates educational
  147  insufficiency. The State Board of Education shall adopt rules to
  148  define educational insufficiency, which shall be based upon
  149  multiyear, objective data on declines in student performance. At
  150  a minimum, the State Board’s rules shall be based upon 3 years
  151  of data showing at least a majority of the students taught by
  152  the teacher showing a lack of progress.
  153         (d)Report to the State Board of Education by school
  154  district the number of dismissals initiated based on educational
  155  insufficiency as defined by state board rule and the number of
  156  the initiated dismissals that resulted in termination of
  157  classroom teachers.
  158         Section 9. Paragraph (c) of subsection (1) of section
  159  1012.22, Florida Statutes, is amended to read:
  160         1012.22 Public school personnel; powers and duties of the
  161  district school board.—The district school board shall:
  162         (1) Designate positions to be filled, prescribe
  163  qualifications for those positions, and provide for the
  164  appointment, compensation, promotion, suspension, and dismissal
  165  of employees as follows, subject to the requirements of this
  166  chapter:
  167         (c) Compensation and salary schedules.—
  168         1.The district school board shall adopt a salary schedule
  169  or salary schedules designed to furnish incentives for
  170  improvement in training and for continued efficient service to
  171  be used as a basis for paying all school employees and fix and
  172  authorize the compensation of school employees on the basis
  173  thereof.
  174         1. 2. A district school board, in determining the salary
  175  schedule for instructional personnel, must base a portion of
  176  each employee’s compensation on performance demonstrated under
  177  s. 1012.34, must consider the prior teaching experience of a
  178  person who has been designated state teacher of the year by any
  179  state in the United States, and must consider prior professional
  180  experience in the field of education gained in positions in
  181  addition to district level instructional and administrative
  182  positions.
  183         2.3. In developing the salary schedule, the district school
  184  board shall seek input from parents, teachers, and
  185  representatives of the business community.
  186         3.4.Beginning with the 2007-2008 academic year, Each
  187  district school board shall adopt a salary schedule with
  188  differentiated pay for both instructional personnel and school
  189  based administrators. The salary schedule is subject to
  190  negotiation as provided in chapter 447 and must allow
  191  differentiated pay based on district-determined factors,
  192  including, but not limited to, additional responsibilities,
  193  school demographics, critical shortage areas, and level of job
  194  performance difficulties. Each district school board shall
  195  annually report to the Department of Education on its adopted
  196  differentiated pay policy in the manner and format prescribed by
  197  the department.
  198  
  199  The State Board of Education shall adopt rules pursuant to ss.
  200  120.536(1) and 120.54 to implement this paragraph. Such rules
  201  shall include compliance requirements for district salary
  202  schedules regarding individual performance and differentiated
  203  pay, reporting formats, and procedures for review of salary
  204  schedules.
  205         Section 10. Subsection (5) of section 1012.2315, Florida
  206  Statutes, is amended to read:
  207         1012.2315 Assignment of teachers.—
  208         (5) REPORT.—The Department of Education shall annually:
  209         (a)Post on its Internet website the percentage of
  210  classroom teachers by school who are first-time teachers,
  211  temporarily certified teachers, teachers in need of improvement,
  212  or out-of-field teachers.
  213         (b)Report to the President of the Senate and the Speaker
  214  of the House of Representatives any school district that does
  215  not comply with this section. Schools graded “D” or “F” shall
  216  annually report their teacher-retention rate. Included in this
  217  report shall be reasons listed for leaving by each teacher who
  218  left the school for any reason.
  219         Section 11. Subsection (3) of section 1012.28, Florida
  220  Statutes, is amended to read:
  221         1012.28 Public school personnel; duties of school
  222  principals.—
  223         (3) Each school principal is responsible for the
  224  performance of all personnel employed by the district school
  225  board and assigned to the school to which the principal is
  226  assigned. The school principal shall faithfully and effectively
  227  apply the personnel appraisal assessment system approved by the
  228  district school board pursuant to s. 1012.34.
  229         Section 12. Section 1012.335, Florida Statutes, is created
  230  to read:
  231         1012.335Contracts with classroom teachers hired on or
  232  after July 1, 2009.—
  233         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
  234  to ensure that every student has a high-quality teacher in his
  235  or her classroom.
  236         (2)FINDINGS.—The Legislature finds that:
  237         (a)The quality of the classroom teacher is the single most
  238  important factor impacting the quality of education in the
  239  state’s public school classrooms.
  240         (b)An effective classroom teacher can produce student
  241  learning gains far greater than those of an ineffective
  242  classroom teacher.
  243         (c)An effective classroom teacher can increase student
  244  learning and thereby provide the student with the potential for
  245  greater future success and higher income over a lifetime.
  246         (d)District school boards need flexibility to recruit and
  247  retain high-quality classroom teachers.
  248         (3)DEFINITIONS.—
  249         (a)“Annual contract” means a contract for a period of no
  250  longer than 1 school year which the district school board can
  251  choose to renew or not renew without cause.
  252         (b)“Classroom teacher” means the same as classroom teacher
  253  as defined in s. 1012.01(2)(a), excluding substitute teachers.
  254         (c)“Probationary contract” means a contract for a period
  255  of no longer than 1 school year in which a classroom teacher may
  256  be dismissed without cause or may resign from the contractual
  257  position without breach of contract.
  258         (d)“Professional performance contract” means a contract
  259  for a period of no longer than 5 school years which the district
  260  school board can choose to renew or not renew without cause.
  261         (4)EMPLOYMENT.—
  262         (a)Beginning July 1, 2009, each person newly hired as a
  263  classroom teacher by a Florida school district shall receive a
  264  probationary contract.
  265         (b)Classroom teachers are eligible for an annual contract
  266  after successful completion of the term of a probationary
  267  contract. No classroom teacher shall receive more than 7
  268  consecutive annual contracts.
  269         (c)Classroom teachers are eligible for a professional
  270  performance contract after completion of no fewer than 5 annual
  271  contracts in the same school district during a period not in
  272  excess of 7 successive years, except for leave duly authorized
  273  and granted. A professional performance contract may only be
  274  offered by a district school board to a classroom teacher:
  275         1.Who holds a professional certificate as prescribed by s.
  276  1012.56 and rules of the State Board of Education.
  277         2.Who has been recommended by the district school
  278  superintendent for such contract and approved by the district
  279  school board based on the successful performance of duties and
  280  demonstration of professional competence.
  281         3.Whose performance is satisfactory after a cumulative
  282  review of the teacher’s effectiveness in the classroom based on
  283  objective student learning gains.
  284         (d)A district school board may issue a professional
  285  performance contract on or after July 1, 2009, to any classroom
  286  teacher who has previously held a professional performance
  287  contract, a professional service contract, or a continuing
  288  contract in the same or another school district within this
  289  state. Any classroom teacher who holds a professional service
  290  contract or a continuing contract may, but is not required to,
  291  exchange such contract for a professional performance contract
  292  in the same district.
  293         (5)VIOLATION OF CONTRACT.—Any classroom teacher who is
  294  employed on the basis of a written offer of a specific position
  295  by a duly authorized agent of the district school board for a
  296  stated term of service at a specified salary, who accepted such
  297  offer in writing or by signing the regular contract form, and
  298  who violates the terms of such contract or agreement by leaving
  299  his or her position without first being released from his or her
  300  contract or agreement by the district school board of the
  301  district in which the classroom teacher is employed shall be
  302  subject to the jurisdiction of the Education Practices
  303  Commission. The district school board shall take official action
  304  on such violation and shall furnish a copy of its official
  305  minutes to the Commissioner of Education.
  306         (6)SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON ANNUAL
  307  CONTRACT.—Any classroom teacher with an annual contract may be
  308  suspended or dismissed at any time during the term of the
  309  contract for just cause as provided in subsection (8). The
  310  district school board must notify the classroom teacher in
  311  writing whenever charges are made against the classroom teacher
  312  and may suspend such person without pay. However, if the charges
  313  are not sustained, the classroom teacher shall be immediately
  314  reinstated and his or her back salary shall be paid.
  315         (7)SUSPENSION OR DISMISSAL OF CLASSROOM TEACHERS ON
  316  PROFESSIONAL PERFORMANCE CONTRACT.—Any classroom teacher with a
  317  professional performance contract may be suspended or dismissed
  318  at any time during the term of the contract for just cause as
  319  provided in subsection (8). The district school board must
  320  notify the classroom teacher in writing whenever charges are
  321  made against the classroom teacher and may suspend such person
  322  without pay. However, if the charges are not sustained, the
  323  classroom teacher shall be immediately reinstated and his or her
  324  back salary shall be paid. If the classroom teacher wishes to
  325  contest the charges, the classroom teacher must, within 15 days
  326  after receipt of the written notice, submit a written request
  327  for a hearing to the district school board. Such hearing shall
  328  be conducted at the district school board’s election in
  329  accordance with one of the following procedures:
  330         (a)A direct hearing conducted by the district school board
  331  within 60 days after receipt of the written appeal. The hearing
  332  shall be conducted in accordance with the provisions of ss.
  333  120.569 and 120.57. A majority vote of the membership of the
  334  district school board shall be required to sustain the district
  335  school superintendent’s recommendation. The determination of the
  336  district school board shall be final as to the sufficiency or
  337  insufficiency of the grounds for termination of employment; or
  338         (b)A hearing conducted by an administrative law judge
  339  assigned by the Division of Administrative Hearings of the
  340  Department of Management Services. The hearing shall be
  341  conducted within 60 days after receipt of the written appeal in
  342  accordance with chapter 120. The recommendation of the
  343  administrative law judge shall be made to the district school
  344  board. A majority vote of the membership of the district school
  345  board shall be required to sustain or change the administrative
  346  law judge’s recommendation. The determination of the district
  347  school board shall be final as to the sufficiency or
  348  insufficiency of the grounds for termination of employment.
  349  
  350  Any such decision adverse to the classroom teacher may be
  351  appealed by the classroom teacher pursuant to s. 120.68 if the
  352  appeal is filed within 30 days after the decision of the
  353  district school board.
  354         (8)JUST CAUSE.—The State Board of Education shall adopt
  355  rules to define just cause. Just cause includes, but is not
  356  limited to:
  357         (a)Immorality.
  358         (b)Misconduct in office.
  359         (c)Incompetency.
  360         (d)Gross insubordination.
  361         (e)Willful neglect of duty.
  362         (f)Being convicted or found guilty of, or entering a plea
  363  of guilty to, regardless of adjudication of guilt, any crime
  364  involving moral turpitude.
  365         (g)Educational insufficiency.
  366  
  367  The rules shall include a definition of educational
  368  insufficiency that is based upon multiyear, objective data on
  369  declines in student performance. At a minimum, the State Board’s
  370  rule shall be based upon 3 years of data showing at least a
  371  majority of the students taught by the teacher showing a lack of
  372  progress.
  373         Section 13. Section 1012.34, Florida Statutes, is amended
  374  to read:
  375         1012.34 Appraisal Assessment procedures and criteria.—
  376         (1) For the purpose of increasing student achievement by
  377  improving the quality of instructional, administrative, and
  378  supervisory services in the public schools of the state, the
  379  district school superintendent shall establish procedures for
  380  evaluating assessing the performance of duties and
  381  responsibilities of all instructional, administrative, and
  382  supervisory personnel employed by the school district. The
  383  Department of Education must approve each district’s
  384  instructional personnel appraisal assessment system and
  385  appraisal instruments.
  386         (2) The following conditions must be considered in the
  387  design of the district’s instructional personnel appraisal
  388  assessment system:
  389         (a) The system must be designed to support district and
  390  school level improvement plans.
  391         (b) The system must provide appropriate appraisal
  392  instruments, procedures, and criteria for continuous quality
  393  improvement of the professional skills of instructional
  394  personnel.
  395         (c) The system must include a mechanism to give parents an
  396  opportunity to provide input into employee performance
  397  appraisals assessments when appropriate.
  398         (d) In addition to addressing generic teaching
  399  competencies, districts must determine those teaching fields for
  400  which special procedures and criteria will be developed,
  401  including a process for determining the professional education
  402  competence of a teacher who holds a temporary certificate as
  403  required under s. 1012.56.
  404         (e) Each district school board may establish a peer
  405  assistance process. The plan may provide a mechanism for
  406  assistance of persons who are placed on performance probation as
  407  well as offer assistance to other employees who request it.
  408         (f) Each The district school board shall provide training
  409  programs that are based upon guidelines provided by the
  410  Department of Education to ensure that all individuals with
  411  evaluation responsibilities understand the proper use of the
  412  appraisal assessment criteria and procedures.
  413         (g)The system must include a process for monitoring the
  414  effective and consistent use of appraisal criteria by
  415  supervisors and administrators and a process for evaluating the
  416  effectiveness of the system itself in improving the level of
  417  instruction and learning in the district’s schools.
  418         (3) The appraisal assessment procedure for instructional
  419  personnel and school administrators must be primarily based on
  420  the performance of students assigned to their classrooms or
  421  schools, as appropriate. Pursuant to this section, a school
  422  district’s performance appraisal assessment is not limited to
  423  basing unsatisfactory performance of instructional personnel and
  424  school administrators upon student performance, but may include
  425  other criteria approved to evaluate assess instructional
  426  personnel and school administrators’ performance, or any
  427  combination of student performance and other approved criteria.
  428  The procedures must comply with, but are not limited to, the
  429  following requirements:
  430         (a) An appraisal assessment must be conducted for each
  431  employee at least once a year, except that an appraisal for each
  432  first-year teacher must be conducted at least twice a year. The
  433  appraisal assessment must be based upon sound educational
  434  principles and contemporary research in effective educational
  435  practices. The assessment must primarily use data and indicators
  436  of improvement in student performance assessed annually as
  437  specified in s. 1008.22 and may consider results of peer reviews
  438  in evaluating the employee’s performance. Student performance
  439  must be measured by state assessments required under s. 1008.22
  440  and by local assessments for subjects and grade levels not
  441  measured by the state assessment program. The appraisal
  442  assessment criteria must include, but are not limited to,
  443  indicators that relate to the following:
  444         1. Performance of students. The appraisal must primarily
  445  use data and indicators of improvement in student performance
  446  assessed annually as specified in s. 1008.22 and by district
  447  determined assessments for subjects and grade levels not
  448  measured by the state assessment program.
  449         2.Instructional practice. For instructional personnel,
  450  performance criteria must include indicators based on each of
  451  the Florida Educator Accomplished Practices adopted by the State
  452  Board of Education under s. 1012.52.
  453         3.Instructional leadership. For school-based
  454  administrators, performance criteria must include indicators
  455  based on each of the leadership standards adopted by the State
  456  Board of Education under s. 1012.986.
  457         4.Professional responsibilities. Such criteria must
  458  include professional responsibilities and employment
  459  requirements as established by the State Board of Education and
  460  through policies of the district school board.
  461         2.Ability to maintain appropriate discipline.
  462         3.Knowledge of subject matter. The district school board
  463  shall make special provisions for evaluating teachers who are
  464  assigned to teach out-of-field.
  465         4.Ability to plan and deliver instruction and the use of
  466  technology in the classroom.
  467         5.Ability to evaluate instructional needs.
  468         6.Ability to establish and maintain a positive
  469  collaborative relationship with students’ families to increase
  470  student achievement.
  471         7.Other professional competencies, responsibilities, and
  472  requirements as established by rules of the State Board of
  473  Education and policies of the district school board.
  474         (b) All personnel must be fully informed of the criteria
  475  and procedures associated with the appraisal assessment process
  476  before the appraisal assessment takes place.
  477         (c) The individual responsible for supervising the employee
  478  must evaluate assess the employee’s performance. The evaluator
  479  must submit a written report of the appraisal assessment to the
  480  district school superintendent for the purpose of reviewing the
  481  employee’s contract. The evaluator must submit the written
  482  report to the employee no later than 10 days after the appraisal
  483  assessment takes place. The evaluator must discuss the written
  484  report of appraisal assessment with the employee. The employee
  485  shall have the right to initiate a written response to the
  486  appraisal assessment, and the response shall become a permanent
  487  attachment to his or her personnel file.
  488         (d) If an employee is not performing his or her duties in a
  489  satisfactory manner, the evaluator shall notify the employee in
  490  writing of such determination. The notice must describe such
  491  unsatisfactory performance and include notice of the following
  492  procedural requirements:
  493         1. Upon delivery of a notice of unsatisfactory performance,
  494  the evaluator must confer with the employee, make
  495  recommendations with respect to specific areas of unsatisfactory
  496  performance, and provide assistance in helping to correct
  497  deficiencies within a prescribed period of time.
  498         2.a. If the employee holds a professional service contract
  499  as provided in s. 1012.33 or a professional performance contract
  500  as provided in 1012.335, the employee shall be placed on
  501  performance probation and governed by the provisions of this
  502  section for 90 calendar days following the receipt of the notice
  503  of unsatisfactory performance to demonstrate corrective action.
  504  School holidays and school vacation periods are not counted when
  505  calculating the 90-calendar-day period. During the 90 calendar
  506  days, the employee who holds a professional service contract or
  507  a professional performance contract must be evaluated
  508  periodically and apprised of progress achieved and must be
  509  provided assistance and inservice training opportunities to help
  510  correct the noted performance deficiencies. At any time during
  511  the 90 calendar days, the employee who holds a professional
  512  service contract or a professional performance contract may
  513  request a transfer to another appropriate position with a
  514  different supervising administrator; however, a transfer does
  515  not extend the period for correcting performance deficiencies.
  516         b. Within 14 days after the close of the 90 calendar days,
  517  the evaluator must evaluate assess whether the performance
  518  deficiencies have been corrected and forward a recommendation to
  519  the district school superintendent. Within 14 days after
  520  receiving the evaluator’s recommendation, the district school
  521  superintendent must notify the employee who holds a professional
  522  service contract or a professional performance contract in
  523  writing whether the performance deficiencies have been
  524  satisfactorily corrected and whether the district school
  525  superintendent will recommend that the district school board
  526  continue or terminate his or her employment contract. If the
  527  employee wishes to contest the district school superintendent’s
  528  recommendation, the employee must, within 15 days after receipt
  529  of the district school superintendent’s recommendation, submit a
  530  written request for a hearing. The hearing shall be conducted at
  531  the district school board’s election in accordance with one of
  532  the following procedures:
  533         (I) A direct hearing conducted by the district school board
  534  within 60 days after receipt of the written appeal. The hearing
  535  shall be conducted in accordance with the provisions of ss.
  536  120.569 and 120.57. A majority vote of the membership of the
  537  district school board shall be required to sustain the district
  538  school superintendent’s recommendation. The determination of the
  539  district school board shall be final as to the sufficiency or
  540  insufficiency of the grounds for termination of employment; or
  541         (II) A hearing conducted by an administrative law judge
  542  assigned by the Division of Administrative Hearings of the
  543  Department of Management Services. The hearing shall be
  544  conducted within 60 days after receipt of the written appeal in
  545  accordance with chapter 120. The recommendation of the
  546  administrative law judge shall be made to the district school
  547  board. A majority vote of the membership of the district school
  548  board shall be required to sustain or change the administrative
  549  law judge’s recommendation. The determination of the district
  550  school board shall be final as to the sufficiency or
  551  insufficiency of the grounds for termination of employment.
  552         (4) The district school superintendent shall notify the
  553  department of any instructional personnel who receive two
  554  consecutive unsatisfactory evaluations and who have been given
  555  written notice by the district that their employment is being
  556  terminated or is not being renewed or that the district school
  557  board intends to terminate, or not renew, their employment. The
  558  department shall conduct an investigation to determine whether
  559  action shall be taken against the certificateholder pursuant to
  560  s. 1012.795(1)(c).
  561         (5)The district school superintendent shall develop a
  562  mechanism for evaluating the effective use of assessment
  563  criteria and evaluation procedures by administrators who are
  564  assigned responsibility for evaluating the performance of
  565  instructional personnel. The use of the assessment and
  566  evaluation procedures shall be considered as part of the annual
  567  assessment of the administrator’s performance. The system must
  568  include a mechanism to give parents and teachers an opportunity
  569  to provide input into the administrator’s performance
  570  assessment, when appropriate.
  571         (5)(6) Nothing in this section shall be construed to grant
  572  a probationary employee a right to continued employment beyond
  573  the term of his or her contract.
  574         (6)(7) The district school board shall establish a
  575  procedure annually reviewing instructional personnel appraisal
  576  assessment systems to determine compliance with this section.
  577  All substantial revisions to an approved system must be reviewed
  578  and approved by the district school board before being used to
  579  evaluate assess instructional personnel. Upon request by a
  580  school district, the department shall provide assistance in
  581  developing, improving, or reviewing an appraisal assessment
  582  system.
  583         (7)(8) The State Board of Education shall adopt rules
  584  pursuant to ss. 120.536(1) and 120.54, that establish uniform
  585  guidelines for the submission, review, and approval of district
  586  procedures for the annual appraisal assessment of instructional
  587  personnel and that include criteria for evaluating professional
  588  performance.
  589         Section 14. Subsection (3) is added to section 1012.52,
  590  Florida Statutes, to read:
  591         1012.52 Teacher quality; legislative findings; Florida
  592  Educator Accomplished Practices.—
  593         (3)The State Board of Education shall adopt by rule the
  594  Florida Educator Accomplished Practices, which shall form the
  595  basis for the state’s expectations for effective instructional
  596  practice. The Commissioner of Education shall periodically
  597  review the Florida Educator Accomplished Practices based on
  598  contemporary educational research and analysis of student
  599  performance data. The commissioner shall include input from
  600  associations representing teachers, principals, superintendents,
  601  and school boards when reviewing the Florida Educator
  602  Accomplished Practices. Upon finalizing any resulting revisions
  603  to the Florida Educator Accomplished Practices, the commissioner
  604  shall submit the revised practices and supporting evaluation
  605  information to the Governor, the President of the Senate, and
  606  the Speaker of the House of Representatives at least 21 days
  607  before the State Board of Education considers adoption of the
  608  revised practices.
  609         Section 15. Subsection (1) and paragraphs (g) and (h) of
  610  subsection (6) of section 1012.56, Florida Statutes, are
  611  amended, paragraph (i) is added to subsection (6), and
  612  subsection (18) is added to that section, to read:
  613         1012.56 Educator certification requirements.—
  614         (1) APPLICATION.—Each person seeking certification pursuant
  615  to this chapter shall submit a completed application containing
  616  the applicant’s social security number to the Department of
  617  Education and remit the fee required pursuant to s. 1012.59 and
  618  rules of the State Board of Education. Pursuant to the federal
  619  Personal Responsibility and Work Opportunity Reconciliation Act
  620  of 1996, each party is required to provide his or her social
  621  security number in accordance with this section. Disclosure of
  622  social security numbers obtained through this requirement is
  623  limited to the purpose of administration of the Title IV-D
  624  program of the Social Security Act for child support
  625  enforcement. Pursuant to s. 120.60, the department shall issue
  626  within 90 calendar days after the stamped receipted date of the
  627  completed application:
  628         (a) If the applicant meets the requirements, a professional
  629  certificate covering the classification, level, and area for
  630  which the applicant is deemed qualified and a document
  631  explaining the requirements for renewal of the professional
  632  certificate;
  633         (b) If the applicant meets the requirements and if
  634  requested by an employing school district or an employing
  635  private school with a professional education competence
  636  demonstration program pursuant to paragraphs (6)(f) (5)(f) and
  637  (8)(b) (7)(b), a temporary certificate covering the
  638  classification, level, and area for which the applicant is
  639  deemed qualified and an official statement of status of
  640  eligibility; or
  641         (c) If an applicant does not meet the requirements for
  642  either certificate, an official statement of status of
  643  eligibility.
  644  
  645  The statement of status of eligibility must advise the applicant
  646  of any qualifications that must be completed to qualify for
  647  certification. Each statement of status of eligibility is valid
  648  for 3 years after its date of issuance, except as provided in
  649  paragraph (2)(d). For purposes of this section, the term
  650  “private school” includes an approved Voluntary Prekindergarten
  651  Education Program private prekindergarten provider.
  652         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
  653  COMPETENCE.—Acceptable means of demonstrating mastery of
  654  professional preparation and education competence are:
  655         (g) Successful completion of a professional preparation
  656  alternative certification and education competency program,
  657  outlined in paragraph (8)(a) (7)(a); or
  658         (h) Successful completion of an alternative certification
  659  program pursuant to s. 1004.85 and achievement of a passing
  660  score on the professional education competency examination
  661  required by rule of the State Board of Education; or
  662         (i)Successful completion of a professional education
  663  training program provided by Teach for America and achievement
  664  of a passing score on the professional education competency
  665  examination required by rule of the State Board of Education.
  666         (18)MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL ON
  667  EDUCATION TRANSCRIPTS; RULES.—The State Board of Education may
  668  adopt rules that:
  669         (a)For purposes of demonstrating mastery of professional
  670  preparation and education competence through the completion of
  671  professional preparation courses as specified in state board
  672  rule, allow a person to use his or her teaching experience as a
  673  military instructor to verify occupational teaching experience
  674  for the same number of years of instruction provided in one of
  675  the branches of the United States Armed Forces.
  676         (b)For purposes of demonstrating the completion of
  677  certification requirements specified in state board rule, allow
  678  for the acceptance of college course credits recommended by the
  679  American Council on Education (ACE), which are posted on an
  680  official ACE transcript.
  681         (c)This subsection applies to credit for instruction
  682  performed, or course credits awarded, prior to, on, and after
  683  July 1, 2009.
  684         Section 16. Paragraph (h) of subsection (1) of section
  685  1012.795, Florida Statutes, is amended to read:
  686         1012.795 Education Practices Commission; authority to
  687  discipline.—
  688         (1) The Education Practices Commission may suspend the
  689  educator certificate of any person as defined in s. 1012.01(2)
  690  or (3) for up to 5 years, thereby denying that person the right
  691  to teach or otherwise be employed by a district school board or
  692  public school in any capacity requiring direct contact with
  693  students for that period of time, after which the holder may
  694  return to teaching as provided in subsection (4); may revoke the
  695  educator certificate of any person, thereby denying that person
  696  the right to teach or otherwise be employed by a district school
  697  board or public school in any capacity requiring direct contact
  698  with students for up to 10 years, with reinstatement subject to
  699  the provisions of subsection (4); may revoke permanently the
  700  educator certificate of any person thereby denying that person
  701  the right to teach or otherwise be employed by a district school
  702  board or public school in any capacity requiring direct contact
  703  with students; may suspend the educator certificate, upon an
  704  order of the court or notice by the Department of Revenue
  705  relating to the payment of child support; or may impose any
  706  other penalty provided by law, if the person:
  707         (h) Has breached a contract, as provided in s. 1012.33(2)
  708  or s. 1012.335(5).
  709         Section 17. Subsection (6) of section 1012.98, Florida
  710  Statutes, is amended to read:
  711         1012.98 School Community Professional Development Act.—
  712         (6) An organization of private schools which has no fewer
  713  than 10 member schools in this state, which publishes and files
  714  with the Department of Education copies of its standards, and
  715  the member schools of which comply with the provisions of part
  716  II of chapter 1003, relating to compulsory school attendance, or
  717  an organization of approved Voluntary Prekindergarten Education
  718  Program providers with no fewer than 10 members in this state,
  719  may also develop a professional development system that includes
  720  a master plan for inservice activities and a program for
  721  demonstration of professional education competence under s.
  722  1012.56. The professional development system and inservice plan
  723  must be submitted to the commissioner for approval pursuant to
  724  rules of the State Board of Education.
  725         Section 18. Section 1012.986, Florida Statutes, is amended
  726  to read:
  727         1012.986 William Cecil Golden Professional Development
  728  Program for School Leaders.—
  729         (1) There is established the William Cecil Golden
  730  Professional Development Program for School Leaders to provide
  731  high standards and sustained support for principals as
  732  instructional leaders. The program shall consist of a
  733  collaborative network of state and national professional
  734  leadership organizations to respond to instructional leadership
  735  needs throughout the state.
  736         (2) The network shall support the human-resource
  737  development needs of principals, principal leadership teams, and
  738  candidates for principal leadership positions using the
  739  framework of leadership standards adopted by the State Board of
  740  Education, the Southern Regional Education Board, and the
  741  National Staff Development Council. Leadership standards adopted
  742  under this section must focus on instructional leadership and
  743  include the ability to:
  744         (a)Identify and promote effective instruction.
  745         (b)Recruit and retain high-performing instructional
  746  personnel.
  747         (c)Manage resources so as to maximize their use for
  748  improving student achievement.
  749         (3) The goals goal of the network leadership program are is
  750  to:
  751         (a) Provide resources to support and enhance the
  752  principal’s role as the instructional leader.
  753         (b) Maintain a clearinghouse and disseminate data-supported
  754  information related to enhanced student achievement, based on
  755  educational research and best practices.
  756         (c) Build the capacity to increase the quality of programs
  757  for preservice education for aspiring principals and inservice
  758  professional development for principals and principal leadership
  759  teams.
  760         (d) Support best teaching and research-based instructional
  761  practices through dissemination and modeling at the preservice
  762  and inservice levels for both teachers and principals.
  763         (4)(2) The Department of Education shall coordinate through
  764  the network identified in subsection (1) to offer the program
  765  through multiple delivery systems, including:
  766         (a) Approved school district training programs.
  767         (b) Interactive technology-based instruction.
  768         (c) Regional consortium service organizations pursuant to
  769  s. 1001.451.
  770         (d) State, regional, or local leadership academies.
  771         (e)State-approved educational leadership programs in
  772  public and nonpublic colleges and universities.
  773         (5)(3) The State Board of Education shall adopt rules
  774  pursuant to ss. 120.536(1) and 120.54 to administer this
  775  section.
  776         Section 19. Paragraph (g) of subsection (3) of section
  777  1012.33, Florida Statutes, is repealed.
  778         Section 20. This act shall take effect upon becoming a law.
  779  
  780  
  781  
  782  ================= T I T L E  A M E N D M E N T ================
  783         And the title is amended as follows:
  784         Delete everything before the enacting clause
  785  and insert:
  786                        A bill to be entitled                      
  787         An act relating to education personnel; providing a
  788         short title; amending s. 39.202, F.S.; providing for
  789         access to records by certain education employees or
  790         agents in cases of child abuse or neglect; amending
  791         ss. 120.81, 1002.36, 1003.62, and 1003.621, F.S., to
  792         conform to provisions in the act; amending s. 1004.04,
  793         F.S.; requiring the Department of Education to report
  794         to the State Board of Education on the effectiveness
  795         of graduates of state-approved teacher preparation
  796         programs; amending s. 1012.21, F.S.; conforming
  797         provisions; requiring the department to notify the
  798         Legislature relating to school district compliance
  799         with compensation and salary schedule requirements;
  800         requiring the department to report to the State Board
  801         of Education on educational insufficiency and
  802         dismissal and termination related thereto; requiring
  803         rulemaking to define educational insufficiency;
  804         amending s. 1012.22, F.S.; deleting certain provisions
  805         relating to district school board adoption of salary
  806         schedules and the basis for an employee’s
  807         compensation; requiring each district school board to
  808         report to the department on its adopted differentiated
  809         pay policy; requiring rulemaking relating to school
  810         district implementation of compensation and salary
  811         schedule requirements; amending s. 1012.2315, F.S.;
  812         revising department reporting requirements relating to
  813         the assignment of classroom teachers; amending s.
  814         1012.28, F.S.; conforming provisions; creating s.
  815         1012.335, F.S., relating to contracts with classroom
  816         teachers hired on or after July 1, 2009; providing
  817         intent, findings, and definitions; providing
  818         conditions for receipt of probationary, annual, and
  819         professional performance contracts; providing a
  820         penalty for violation of a contract; providing
  821         criteria and procedures for suspension or dismissal of
  822         classroom teachers on contract; providing procedures
  823         for hearings to contest charges; requiring rules to
  824         define just cause; amending s. 1012.34, F.S.; revising
  825         provisions to require a school district personnel
  826         appraisal system; specifying criteria and procedures
  827         for the appraisal process; requiring approval of
  828         appraisal instruments; requiring appraisals twice a
  829         year for first-year teachers; requiring evaluation of
  830         the appraisal system; conforming provisions; amending
  831         s. 1012.52, F.S.; requiring the State Board of
  832         Education to adopt by rule the Florida Educator
  833         Accomplished Practices; requiring periodic review and
  834         revision of the practices; amending s. 1012.56, F.S.;
  835         correcting cross-references; authorizing Voluntary
  836         Prekindergarten Education Program providers to meet
  837         certain requirements relating to educator
  838         certification; providing additional means of
  839         demonstrating mastery of professional preparation and
  840         education competence; authorizing State Board of
  841         Education rules for acceptance of certain teaching
  842         experience and course credits; providing for
  843         retroactive application; amending s. 1012.795, F.S.;
  844         conforming provisions; amending s. 1012.98, F.S.;
  845         authorizing certain organizations, including
  846         organizations of Voluntary Prekindergarten Education
  847         Program providers, to develop a professional
  848         development system and a program for demonstration of
  849         education competence; amending s. 1012.986, F.S.;
  850         specifying criteria for leadership standards under the
  851         William Cecil Golden Professional Development Program
  852         for School Leaders; authorizing the program to be
  853         offered through state-approved leadership programs;
  854         repealing s. 1012.33(3)(g), F.S., relating to
  855         acceptance of certain teaching service for purposes of
  856         pay for instructional staff, supervisors, and school
  857         principals; providing an effective date.