Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2458
       
       
       
       
       
       
                                Barcode 737300                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Governmental Oversight and Accountability
       (Dean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. This act may be cited as the “Quality Teachers
    8  for All Students Act.”
    9         Section 2. Paragraph (r) is added to subsection (2) of
   10  section 39.202, Florida Statutes, to read:
   11         39.202 Confidentiality of reports and records in cases of
   12  child abuse or neglect.—
   13         (2) Except as provided in subsection (4), access to such
   14  records, excluding the name of the reporter which shall be
   15  released only as provided in subsection (5), shall be granted
   16  only to the following persons, officials, and agencies:
   17         (r)Employees or agents of the Department of Education and
   18  district school board employees responsible for the
   19  investigation or prosecution of misconduct by certified
   20  educators.
   21         Section 3. Present subsection (13) of section 1004.04,
   22  Florida Statutes, is renumbered as subsection (14), and a new
   23  subsection (13) is added to that section, to read:
   24         1004.04 Public accountability and state approval for
   25  teacher preparation programs.—
   26         (13)REPORT.—By March 1, 2010, and biennially thereafter,
   27  the Department of Education shall report to the State Board of
   28  Education on the effectiveness of the graduates of state
   29  approved teacher preparation programs. The report shall include
   30  an analysis of the public school student learning gains on
   31  statewide assessments, pursuant to s. 1008.22, by students who
   32  were taught by graduates of each state-approved teacher
   33  preparation program.
   34         Section 4. Subsection (6) of section 1012.21, Florida
   35  Statutes, is amended to read:
   36         1012.21 Department of Education duties; K-12 personnel.—
   37         (6) REPORTING.—The Department of Education shall annually:
   38         (a) Post online links to each school district’s collective
   39  bargaining contracts and the salary and benefits of the
   40  personnel or officers of any educator association which were
   41  paid by the school district pursuant to s. 1012.22.
   42         (b)Notify the President of the Senate and the Speaker of
   43  the House of Representatives of any school district that does
   44  not comply with the requirements of s. 1012.22(1)(c).
   45         Section 5. Paragraph (c) of subsection (1) of section
   46  1012.22, Florida Statutes, is amended to read:
   47         1012.22 Public school personnel; powers and duties of the
   48  district school board.—The district school board shall:
   49         (1) Designate positions to be filled, prescribe
   50  qualifications for those positions, and provide for the
   51  appointment, compensation, promotion, suspension, and dismissal
   52  of employees as follows, subject to the requirements of this
   53  chapter:
   54         (c) Compensation and salary schedules.—
   55         1.The district school board shall adopt a salary schedule
   56  or salary schedules designed to furnish incentives for
   57  improvement in training and for continued efficient service to
   58  be used as a basis for paying all school employees and fix and
   59  authorize the compensation of school employees on the basis
   60  thereof.
   61         1.2. A district school board, in determining the salary
   62  schedule for instructional personnel, must base a portion of
   63  each employee’s compensation on performance demonstrated under
   64  s. 1012.34, must consider the prior teaching experience of a
   65  person who has been designated state teacher of the year by any
   66  state in the United States, and must consider prior professional
   67  experience in the field of education gained in positions in
   68  addition to district level instructional and administrative
   69  positions.
   70         2.3. In developing the salary schedule, the district school
   71  board shall seek input from parents, teachers, and
   72  representatives of the business community.
   73         3.4.Beginning with the 2007-2008 academic year, Each
   74  district school board shall adopt a salary schedule with
   75  differentiated pay for both instructional personnel and school
   76  based administrators. The salary schedule is subject to
   77  negotiation as provided in chapter 447 and must allow
   78  differentiated pay based on district-determined factors,
   79  including, but not limited to, additional responsibilities,
   80  school demographics, critical shortage areas, and level of job
   81  performance difficulties. Each district school board shall
   82  annually report to the Department of Education on its adopted
   83  differentiated pay policy in the manner and format prescribed by
   84  the department.
   85  
   86  The State Board of Education shall adopt rules pursuant to ss.
   87  120.536(1) and 120.54 to implement this paragraph. The rules
   88  must include compliance requirements for district salary
   89  schedules regarding individual performance and differentiated
   90  pay, reporting formats, and procedures for review of salary
   91  schedules.
   92         Section 6. Subsection (5) of section 1012.2315, Florida
   93  Statutes, is amended to read:
   94         1012.2315 Assignment of teachers.—
   95         (5) REPORT.—The Department of Education shall annually:
   96         (a)Post on its Internet website the percentage of
   97  classroom teachers by school who are temporarily certified
   98  teachers, teachers in need of improvement, or out-of-field
   99  teachers.
  100         (b)Report to the President of the Senate and the Speaker
  101  of the House of Representatives any school district that does
  102  not comply with this section. Schools graded “D” or “F” shall
  103  annually report their teacher-retention rate. Included in this
  104  report shall be reasons listed for leaving by each teacher who
  105  left the school for any reason.
  106         Section 7. Subsection (3) of section 1012.28, Florida
  107  Statutes, is amended to read:
  108         1012.28 Public school personnel; duties of school
  109  principals.—
  110         (3) Each school principal is responsible for the
  111  performance of all personnel employed by the district school
  112  board and assigned to the school to which the principal is
  113  assigned. The school principal shall faithfully and effectively
  114  apply the personnel appraisal assessment system approved by the
  115  district school board pursuant to s. 1012.34.
  116         Section 8. Section 1012.34, Florida Statutes, is amended to
  117  read:
  118         1012.34 Appraisal Assessment procedures and criteria.—
  119         (1) For the purpose of increasing student achievement by
  120  improving the quality of instructional, administrative, and
  121  supervisory services in the public schools of the state, the
  122  district school superintendent shall establish procedures for
  123  evaluating assessing the performance of duties and
  124  responsibilities of all instructional, administrative, and
  125  supervisory personnel employed by the school district. The
  126  Department of Education must approve each district’s
  127  instructional personnel appraisal assessment system.
  128         (2) The following conditions must be considered in the
  129  design of the district’s instructional personnel appraisal
  130  assessment system:
  131         (a) The system must be designed to support district and
  132  school level improvement plans.
  133         (b) The system must provide appropriate appraisal
  134  instruments, procedures, and criteria for continuous quality
  135  improvement of the professional skills of instructional
  136  personnel.
  137         (c) The system must include a mechanism to give parents an
  138  opportunity to provide input into employee performance
  139  appraisals assessments when appropriate.
  140         (d) In addition to addressing generic teaching
  141  competencies, districts must determine those teaching fields for
  142  which special procedures and criteria will be developed,
  143  including a process for determining the professional education
  144  competence of a teacher who holds a temporary certificate as
  145  required under s. 1012.56.
  146         (e) Each district school board may establish a peer
  147  assistance process. The plan may provide a mechanism for
  148  assistance of persons who are placed on performance probation as
  149  well as offer assistance to other employees who request it.
  150         (f) Each The district school board shall provide training
  151  programs that are based upon guidelines provided by the
  152  Department of Education to ensure that all individuals with
  153  evaluation responsibilities understand the proper use of the
  154  appraisal assessment criteria and procedures.
  155         (g)The system must include a process for monitoring the
  156  effective and consistent use of appraisal criteria by
  157  supervisors and administrators and a process for evaluating the
  158  effectiveness of the system itself in improving the level of
  159  instruction and learning in the district’s schools.
  160         (3) The appraisal assessment procedure for instructional
  161  personnel and school administrators must be primarily based on
  162  the performance of students assigned to their classrooms or
  163  schools, as appropriate, and must emphasize avoidance of
  164  insufficient student learning gains as described in s.
  165  1012.21(6)(c) and (d) and defined by rule of the State Board of
  166  Education. Pursuant to this section, a school district’s
  167  performance appraisal assessment is not limited to basing
  168  unsatisfactory performance of instructional personnel and school
  169  administrators upon student performance, but may include other
  170  criteria approved to evaluate assess instructional personnel and
  171  school administrators’ performance, or any combination of
  172  student performance and other approved criteria. The procedures
  173  must comply with, but are not limited to, the following
  174  requirements:
  175         (a) An appraisal assessment must be conducted for each
  176  employee at least once a year, except that an appraisal for each
  177  first-year teacher must be conducted at least twice a year. The
  178  appraisal assessment must be based upon sound educational
  179  principles and contemporary research in effective educational
  180  practices. The assessment must primarily use data and indicators
  181  of improvement in student performance assessed annually as
  182  specified in s. 1008.22 and may consider results of peer reviews
  183  in evaluating the employee’s performance. Student performance
  184  must be measured by state assessments required under s. 1008.22
  185  and by local assessments for subjects and grade levels not
  186  measured by the state assessment program. The appraisal
  187  assessment criteria must include, but are not limited to,
  188  indicators that relate to the following:
  189         1. Performance of students. The appraisal must primarily
  190  use data and indicators of improvement in student performance
  191  assessed annually as specified in s. 1008.22 and by district
  192  determined assessments for subjects and grade levels not
  193  measured by the state assessment program.
  194         2.Instructional practice. For instructional personnel,
  195  performance criteria must include indicators based on each of
  196  the Florida Educator Accomplished Practices adopted by the State
  197  Board of Education under s. 1012.52.
  198         3.Instructional leadership. For school-based
  199  administrators, performance criteria must include indicators
  200  based on each of the leadership standards adopted by the State
  201  Board of Education under s. 1012.986.
  202         4.Professional responsibilities. Such criteria must
  203  include professional responsibilities and employment
  204  requirements as established by the State Board of Education and
  205  through policies of the district school board.
  206         2.Ability to maintain appropriate discipline.
  207         3.Knowledge of subject matter. The district school board
  208  shall make special provisions for evaluating teachers who are
  209  assigned to teach out-of-field.
  210         4.Ability to plan and deliver instruction and the use of
  211  technology in the classroom.
  212         5.Ability to evaluate instructional needs.
  213         6.Ability to establish and maintain a positive
  214  collaborative relationship with students’ families to increase
  215  student achievement.
  216         7.Other professional competencies, responsibilities, and
  217  requirements as established by rules of the State Board of
  218  Education and policies of the district school board.
  219         (b) All personnel must be fully informed of the criteria
  220  and procedures associated with the appraisal assessment process
  221  before the appraisal assessment takes place.
  222         (c) The individual responsible for supervising the employee
  223  must evaluate assess the employee’s performance. The evaluator
  224  must submit a written report of the appraisal assessment to the
  225  district school superintendent for the purpose of reviewing the
  226  employee’s contract. The evaluator must submit the written
  227  report to the employee no later than 10 days after the appraisal
  228  assessment takes place. The evaluator must discuss the written
  229  report of appraisal assessment with the employee. The employee
  230  shall have the right to initiate a written response to the
  231  appraisal assessment, and the response shall become a permanent
  232  attachment to his or her personnel file.
  233         (d) If an employee is not performing his or her duties in a
  234  satisfactory manner, the evaluator shall notify the employee in
  235  writing of such determination. The notice must describe such
  236  unsatisfactory performance and include notice of the following
  237  procedural requirements:
  238         1. Upon delivery of a notice of unsatisfactory performance,
  239  the evaluator must confer with the employee, make
  240  recommendations with respect to specific areas of unsatisfactory
  241  performance, and provide assistance in helping to correct
  242  deficiencies within a prescribed period of time.
  243         2.a. If the employee holds a professional service contract
  244  as provided in s. 1012.33, the employee shall be placed on
  245  performance probation and governed by the provisions of this
  246  section for 90 calendar days following the receipt of the notice
  247  of unsatisfactory performance to demonstrate corrective action.
  248  School holidays and school vacation periods are not counted when
  249  calculating the 90-calendar-day period. During the 90 calendar
  250  days, the employee who holds a professional service contract
  251  must be evaluated periodically and apprised of progress achieved
  252  and must be provided assistance and inservice training
  253  opportunities to help correct the noted performance
  254  deficiencies. At any time during the 90 calendar days, the
  255  employee who holds a professional service contract may request a
  256  transfer to another appropriate position with a different
  257  supervising administrator; however, a transfer does not extend
  258  the period for correcting performance deficiencies.
  259         b. Within 14 days after the close of the 90 calendar days,
  260  the evaluator must evaluate assess whether the performance
  261  deficiencies have been corrected and forward a recommendation to
  262  the district school superintendent. Within 14 days after
  263  receiving the evaluator’s recommendation, the district school
  264  superintendent must notify the employee who holds a professional
  265  service contract in writing whether the performance deficiencies
  266  have been satisfactorily corrected and whether the district
  267  school superintendent will recommend that the district school
  268  board continue or terminate his or her employment contract. If
  269  the employee wishes to contest the district school
  270  superintendent’s recommendation, the employee must, within 15
  271  days after receipt of the district school superintendent’s
  272  recommendation, submit a written request for a hearing. The
  273  hearing shall be conducted at the district school board’s
  274  election in accordance with one of the following procedures:
  275         (I) A direct hearing conducted by the district school board
  276  within 60 days after receipt of the written appeal. The hearing
  277  shall be conducted in accordance with the provisions of ss.
  278  120.569 and 120.57. A majority vote of the membership of the
  279  district school board shall be required to sustain the district
  280  school superintendent’s recommendation. The determination of the
  281  district school board shall be final as to the sufficiency or
  282  insufficiency of the grounds for termination of employment; or
  283         (II) A hearing conducted by an administrative law judge
  284  assigned by the Division of Administrative Hearings of the
  285  Department of Management Services. The hearing shall be
  286  conducted within 60 days after receipt of the written appeal in
  287  accordance with chapter 120. The recommendation of the
  288  administrative law judge shall be made to the district school
  289  board. A majority vote of the membership of the district school
  290  board shall be required to sustain or change the administrative
  291  law judge’s recommendation. The determination of the district
  292  school board shall be final as to the sufficiency or
  293  insufficiency of the grounds for termination of employment.
  294         (4) The district school superintendent shall notify the
  295  department of any instructional personnel who receive two
  296  consecutive unsatisfactory evaluations and who have been given
  297  written notice by the district that their employment is being
  298  terminated or is not being renewed or that the district school
  299  board intends to terminate, or not renew, their employment. The
  300  department shall conduct an investigation to determine whether
  301  action shall be taken against the certificateholder pursuant to
  302  s. 1012.795 s. 1012.795(1)(c).
  303         (5)The district school superintendent shall develop a
  304  mechanism for evaluating the effective use of assessment
  305  criteria and evaluation procedures by administrators who are
  306  assigned responsibility for evaluating the performance of
  307  instructional personnel. The use of the assessment and
  308  evaluation procedures shall be considered as part of the annual
  309  assessment of the administrator’s performance. The system must
  310  include a mechanism to give parents and teachers an opportunity
  311  to provide input into the administrator’s performance
  312  assessment, when appropriate.
  313         (5)(6)Nothing in This section does not shall be construed
  314  to grant a probationary employee a right to continued employment
  315  beyond the term of his or her contract.
  316         (6)(7) The district school board shall establish a
  317  procedure annually reviewing instructional personnel appraisal
  318  assessment systems to determine compliance with this section.
  319  All substantial revisions to an approved system must be reviewed
  320  and approved by the district school board before being used to
  321  evaluate assess instructional personnel. Upon request by a
  322  school district, the department shall provide assistance in
  323  developing, improving, or reviewing an appraisal assessment
  324  system.
  325         (7)(8) The State Board of Education shall adopt rules
  326  pursuant to ss. 120.536(1) and 120.54, that establish uniform
  327  guidelines for the submission, review, and approval of district
  328  procedures for the annual appraisal assessment of instructional
  329  personnel and that include criteria for evaluating professional
  330  performance.
  331         Section 9. Section 1012.52, Florida Statutes, is amended to
  332  read:
  333         1012.52 Teacher quality; legislative findings; Florida
  334  Educator Accomplished Practices.—
  335         (1) The Legislature intends to implement a comprehensive
  336  approach to increase students’ academic achievement and improve
  337  teaching quality. The Legislature recognizes that professional
  338  educators play an important role in shaping the future of this
  339  state and the nation by developing the knowledge and skills of
  340  our future workforce and laying the foundation for good
  341  citizenship and full participation in community and civic life.
  342  The Legislature also recognizes its role in meeting the state’s
  343  educational priorities so as to provide opportunity for all
  344  students to achieve at the levels set by the Sunshine State
  345  Standards.
  346         (2) The Legislature further finds that effective educators
  347  are able to do the following:
  348         (a) Write and speak in a logical and understandable style,
  349  using appropriate grammar and sentence structure, and
  350  demonstrate a command of standard English, enunciation, clarity
  351  of oral directions, and pace and precision in speaking.
  352         (b) Read, comprehend, and interpret professional and other
  353  written material.
  354         (c) Compute, think logically, and solve problems.
  355         (d) Recognize signs of students’ difficulty with the
  356  reading and computational process and apply appropriate measures
  357  to improve students’ reading and computational performance.
  358         (e) Recognize patterns of physical, social, emotional, and
  359  intellectual development in students, including exceptional
  360  students in the regular classroom.
  361         (f) Recognize and demonstrate awareness of the educational
  362  needs of students who have limited proficiency in English and
  363  employ appropriate teaching strategies.
  364         (g) Use and integrate appropriate technology in teaching
  365  and learning processes and in managing, evaluating, and
  366  improving instruction.
  367         (h) Use assessment and other diagnostic strategies to
  368  assist the continuous development and acquisition of knowledge
  369  and understanding of the learner.
  370         (i) Use teaching and learning strategies that include
  371  consideration of each student’s learning styles, needs, and
  372  background.
  373         (j) Demonstrate the ability to maintain a positive,
  374  collaborative relationship with students’ families to increase
  375  student achievement.
  376         (k) Recognize signs of tendency toward violence and severe
  377  emotional distress in students and apply techniques of crisis
  378  intervention.
  379         (l) Recognize signs of alcohol and drug abuse in students
  380  and know how to appropriately work with such students and seek
  381  assistance designed to prevent future abuse.
  382         (m) Recognize the physical and behavioral indicators of
  383  child abuse and neglect and know rights and responsibilities
  384  regarding reporting.
  385         (n) Demonstrate the ability to maintain a positive
  386  environment in the classroom while achieving order and
  387  discipline.
  388         (o) Demonstrate the ability to grade student performance
  389  effectively.
  390         (p) Demonstrate knowledge and understanding of the value
  391  of, and strategies for, promoting parental involvement in
  392  education.
  393         (3)The State Board of Education shall adopt by rule the
  394  Florida Educator Accomplished Practices, which form the basis
  395  for the state’s expectations for effective instructional
  396  practice. The Commissioner of Education shall periodically
  397  review the Florida Educator Accomplished Practices based on
  398  contemporary educational research and analysis of student
  399  performance data. The commissioner shall include input from
  400  associations representing teachers, principals, superintendents,
  401  and school boards when reviewing the Florida Educator
  402  Accomplished Practices. Upon finalizing any resulting revisions
  403  to the Florida Educator Accomplished Practices, the commissioner
  404  shall submit the revised practices and supporting evaluation
  405  information to the Governor, the President of the Senate, and
  406  the Speaker of the House of Representatives at least 21 days
  407  before the State Board of Education considers adoption of the
  408  revised practices.
  409         Section 10. Subsection (1) and paragraphs (g) and (h) of
  410  subsection (6) of section 1012.56, Florida Statutes, are
  411  amended, paragraph (i) is added to subsection (6) of that
  412  section, and subsection (18) is added to that section, to read:
  413         1012.56 Educator certification requirements.—
  414         (1) APPLICATION.—Each person seeking certification pursuant
  415  to this chapter shall submit a completed application containing
  416  the applicant’s social security number to the Department of
  417  Education and remit the fee required pursuant to s. 1012.59 and
  418  rules of the State Board of Education. Pursuant to the federal
  419  Personal Responsibility and Work Opportunity Reconciliation Act
  420  of 1996, each party is required to provide his or her social
  421  security number in accordance with this section. Disclosure of
  422  social security numbers obtained through this requirement is
  423  limited to the purpose of administration of the Title IV-D
  424  program of the Social Security Act for child support
  425  enforcement. Pursuant to s. 120.60, the department shall issue
  426  within 90 calendar days after the stamped receipted date of the
  427  completed application:
  428         (a) If the applicant meets the requirements, a professional
  429  certificate covering the classification, level, and area for
  430  which the applicant is deemed qualified and a document
  431  explaining the requirements for renewal of the professional
  432  certificate;
  433         (b) If the applicant meets the requirements and if
  434  requested by an employing school district or an employing
  435  private school with a professional education competence
  436  demonstration program pursuant to paragraphs (6)(f) (5)(f) and
  437  (8)(b) (7)(b), a temporary certificate covering the
  438  classification, level, and area for which the applicant is
  439  deemed qualified and an official statement of status of
  440  eligibility; or
  441         (c) If an applicant does not meet the requirements for
  442  either certificate, an official statement of status of
  443  eligibility.
  444  
  445  The statement of status of eligibility must advise the applicant
  446  of any qualifications that must be completed to qualify for
  447  certification. Each statement of status of eligibility is valid
  448  for 3 years after its date of issuance, except as provided in
  449  paragraph (2)(d). For purposes of this section, the term
  450  “private school” includes an approved Voluntary Prekindergarten
  451  Education Program private prekindergarten provider.
  452         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
  453  COMPETENCE.—Acceptable means of demonstrating mastery of
  454  professional preparation and education competence are:
  455         (g) Successful completion of a professional preparation
  456  alternative certification and education competency program,
  457  outlined in paragraph (8)(a) (7)(a); or
  458         (h) Successful completion of an alternative certification
  459  program pursuant to s. 1004.85 and achievement of a passing
  460  score on the professional education competency examination
  461  required by rule of the State Board of Education; or
  462         (i)Successful completion of a professional education
  463  training program provided by Teach for America and achievement
  464  of a passing score on the professional education competency
  465  examination required by rule of the State Board of Education.
  466         (18)MILITARY INSTRUCTOR EXPERIENCE AND AMERICAN COUNCIL ON
  467  EDUCATION TRANSCRIPTS; RULES.—The State Board of Education may
  468  adopt rules that:
  469         (a)For purposes of demonstrating mastery of professional
  470  preparation and education competence through the completion of
  471  professional preparation courses as specified in state board
  472  rule, allow a person to use his or her teaching experience as a
  473  military instructor to verify occupational teaching experience
  474  for the same number of years of instruction provided in one of
  475  the branches of the United States Armed Forces.
  476         (b)For purposes of demonstrating the completion of
  477  certification requirements specified in state board rule, allow
  478  for the acceptance of college course credits recommended by the
  479  American Council on Education (ACE), which are posted on an
  480  official ACE transcript.
  481         (c)This subsection applies to credit for instruction
  482  performed, or course credits awarded, prior to, on, and after
  483  July 1, 2009.
  484         Section 11. Subsection (6) of section 1012.98, Florida
  485  Statutes, is amended to read:
  486         1012.98 School Community Professional Development Act.—
  487         (6) An organization of private schools which has no fewer
  488  than 10 member schools in this state, which publishes and files
  489  with the Department of Education copies of its standards, and
  490  the member schools of which comply with the provisions of part
  491  II of chapter 1003, relating to compulsory school attendance, or
  492  an organization of approved Voluntary Prekindergarten Education
  493  Program providers with no fewer than 10 members in this state,
  494  may also develop a professional development system that includes
  495  a master plan for inservice activities and a program for
  496  demonstration of professional education competence under s.
  497  1012.56. The professional development system and inservice plan
  498  must be submitted to the commissioner for approval pursuant to
  499  rules of the State Board of Education.
  500         Section 12. Section 1012.986, Florida Statutes, is amended
  501  to read:
  502         1012.986 William Cecil Golden Professional Development
  503  Program for School Leaders.—
  504         (1) There is established the William Cecil Golden
  505  Professional Development Program for School Leaders to provide
  506  high standards and sustained support for principals as
  507  instructional leaders. The program shall consist of a
  508  collaborative network of state and national professional
  509  leadership organizations to respond to instructional leadership
  510  needs throughout the state.
  511         (2) The network shall support the human-resource
  512  development needs of principals, principal leadership teams, and
  513  candidates for principal leadership positions using the
  514  framework of leadership standards adopted by the State Board of
  515  Education, the Southern Regional Education Board, and the
  516  National Staff Development Council. Leadership standards adopted
  517  under this section must focus on instructional leadership and
  518  include the ability to:
  519         (a)Identify and promote effective instruction.
  520         (b)Recruit and retain high-performing instructional
  521  personnel.
  522         (c)Manage resources so as to maximize their use for
  523  improving student achievement.
  524         (3) The goals goal of the network leadership program are is
  525  to:
  526         (a) Provide resources to support and enhance the
  527  principal’s role as the instructional leader.
  528         (b) Maintain a clearinghouse and disseminate data-supported
  529  information related to enhanced student achievement, based on
  530  educational research and best practices.
  531         (c) Build the capacity to increase the quality of programs
  532  for preservice education for aspiring principals and inservice
  533  professional development for principals and principal leadership
  534  teams.
  535         (d) Support best teaching and research-based instructional
  536  practices through dissemination and modeling at the preservice
  537  and inservice levels for both teachers and principals.
  538         (4)(2) The Department of Education shall coordinate through
  539  the network identified in subsection (1) to offer the program
  540  through multiple delivery systems, including:
  541         (a) Approved school district training programs.
  542         (b) Interactive technology-based instruction.
  543         (c) Regional consortium service organizations pursuant to
  544  s. 1001.451.
  545         (d) State, regional, or local leadership academies.
  546         (e)State-approved educational leadership programs in
  547  public and nonpublic colleges and universities.
  548         (5)(3) The State Board of Education shall adopt rules
  549  pursuant to ss. 120.536(1) and 120.54 to administer this
  550  section.
  551         Section 13. Paragraph (g) of subsection (3) of section
  552  1012.33, Florida Statutes, is repealed.
  553         Section 14. No later than February 1, 2010, The
  554  Commissioner of Education shall provide a written report to the
  555  President of the Senate and the Speaker of the House of
  556  Representatives with specific recommendations for legislation to
  557  improve teacher quality. The report shall be data driven and
  558  research-based and include the effects on student learning and
  559  behavior, including dropout rates, when a student has one or
  560  more ineffective classroom teachers. The report must include a
  561  review, by district, on equity of staffing quality teachers in
  562  schools across the district and a review, by district, on the
  563  efforts pursued by superintendents and principals to remove
  564  ineffective teachers from the classroom. The report must include
  565  recommendations on: teacher compensation and salary schedule
  566  best practices; an expedited process for the termination of
  567  ineffective classroom teachers; a methodology to identify the
  568  number of ineffective classroom teachers, by district, whose
  569  students make insufficient learning gains based on at least
  570  three years of objective data on student learning; specific
  571  policies to empower district school superintendents and school
  572  principals to provide an effective teacher in each school
  573  district classroom, and specific policies to hold district
  574  school superintendents and school principals accountable for
  575  inequity in staffing among the schools in the district and for
  576  failure to act to provide an effective teacher in each school
  577  district classroom.
  578         Section 15. For the purpose of incorporating the amendment
  579  made by this act to section 1012.22, Florida Statutes, in a
  580  reference thereto, paragraph (a) of subsection (2) of section
  581  1003.62, Florida Statutes, is reenacted to read:
  582         1003.62 Academic performance-based charter school
  583  districts.—The State Board of Education may enter into a
  584  performance contract with district school boards as authorized
  585  in this section for the purpose of establishing them as academic
  586  performance-based charter school districts. The purpose of this
  587  section is to examine a new relationship between the State Board
  588  of Education and district school boards that will produce
  589  significant improvements in student achievement, while complying
  590  with constitutional and statutory requirements assigned to each
  591  entity.
  592         (2) EXEMPTION FROM STATUTES AND RULES.—
  593         (a) An academic performance-based charter school district
  594  shall operate in accordance with its charter and shall be exempt
  595  from certain State Board of Education rules and statutes if the
  596  State Board of Education determines such an exemption will
  597  assist the district in maintaining or improving its high
  598  performing status pursuant to paragraph (1)(a). However, the
  599  State Board of Education may not exempt an academic performance
  600  based charter school district from any of the following
  601  statutes:
  602         1. Those statutes pertaining to the provision of services
  603  to students with disabilities.
  604         2. Those statutes pertaining to civil rights, including s.
  605  1000.05, relating to discrimination.
  606         3. Those statutes pertaining to student health, safety, and
  607  welfare.
  608         4. Those statutes governing the election or compensation of
  609  district school board members.
  610         5. Those statutes pertaining to the student assessment
  611  program and the school grading system, including chapter 1008.
  612         6. Those statutes pertaining to financial matters,
  613  including chapter 1010.
  614         7. Those statutes pertaining to planning and budgeting,
  615  including chapter 1011, except that ss. 1011.64 and 1011.69
  616  shall be eligible for exemption.
  617         8. Sections 1012.22(1)(c) and 1012.27(2), relating to
  618  differentiated pay and performance-pay policies for school
  619  administrators and instructional personnel. Professional service
  620  contracts shall be subject to the provisions of ss. 1012.33 and
  621  1012.34.
  622         9. Those statutes pertaining to educational facilities,
  623  including chapter 1013, except as specified under contract with
  624  the State Board of Education. However, no contractual provision
  625  that could have the effect of requiring the appropriation of
  626  additional capital outlay funds to the academic performance
  627  based charter school district shall be valid.
  628         Section 16. For the purpose of incorporating the amendment
  629  made by this act to section 1012.22, Florida Statutes, in a
  630  reference thereto, paragraph (h) of subsection (2) of section
  631  1003.621, Florida Statutes, is reenacted to read:
  632         1003.621 Academically high-performing school districts.—It
  633  is the intent of the Legislature to recognize and reward school
  634  districts that demonstrate the ability to consistently maintain
  635  or improve their high-performing status. The purpose of this
  636  section is to provide high-performing school districts with
  637  flexibility in meeting the specific requirements in statute and
  638  rules of the State Board of Education.
  639         (2) COMPLIANCE WITH STATUTES AND RULES.—Each academically
  640  high-performing school district shall comply with all of the
  641  provisions in chapters 1000-1013, and rules of the State Board
  642  of Education which implement these provisions, pertaining to the
  643  following:
  644         (h) Sections 1012.22(1)(c) and 1012.27(2), relating to
  645  differentiated pay and performance-pay policies for school
  646  administrators and instructional personnel. Professional service
  647  contracts are subject to the provisions of ss. 1012.33 and
  648  1012.34.
  649         Section 17. This act shall take effect upon becoming a law.
  650  
  651  ================= T I T L E  A M E N D M E N T ================
  652         And the title is amended as follows:
  653         Delete everything before the enacting clause
  654  and insert:
  655                        A bill to be entitled                      
  656         An act relating to education personnel; providing a
  657         short title; amending s. 39.202, F.S.; providing for
  658         access to records by certain education employees or
  659         agents in cases of child abuse or neglect; amending s.
  660         1004.04, F.S.; requiring the Department of Education
  661         to report to the State Board of Education on the
  662         effectiveness of graduates of state-approved teacher
  663         preparation programs; amending s. 1012.21, F.S.;
  664         requiring the department to notify the Legislature
  665         relating to school district compliance with
  666         compensation and salary schedule requirements;
  667         amending s. 1012.22, F.S.; deleting certain provisions
  668         relating to district school board adoption of salary
  669         schedules and the basis for an employee’s
  670         compensation; requiring each district school board to
  671         report to the department on its adopted differentiated
  672         pay policy; requiring rulemaking relating to school
  673         district implementation of compensation and salary
  674         schedule requirements; amending s. 1012.2315, F.S.;
  675         revising department reporting requirements relating to
  676         the assignment of classroom teachers; amending s.
  677         1012.28, F.S.; conforming provisions; amending s.
  678         1012.34, F.S.; revising provisions to require a school
  679         district personnel appraisal system; specifying
  680         criteria and procedures for the appraisal process;
  681         requiring approval of appraisal instruments; requiring
  682         appraisals twice a year for first-year teachers;
  683         requiring evaluation of the appraisal system;
  684         conforming provisions; amending s. 1012.52, F.S.;
  685         requiring the State Board of Education to adopt by
  686         rule the Florida Educator Accomplished Practices;
  687         requiring periodic review and revision of the
  688         practices; amending s. 1012.56, F.S.; correcting
  689         cross-references; authorizing Voluntary
  690         Prekindergarten Education Program providers to meet
  691         certain requirements relating to educator
  692         certification; providing additional means of
  693         demonstrating mastery of professional preparation and
  694         education competence; authorizing State Board of
  695         Education rules for acceptance of certain teaching
  696         experience and course credits; providing for
  697         retroactive application; amending s. 1012.98, F.S.;
  698         authorizing certain organizations, including
  699         organizations of Voluntary Prekindergarten Education
  700         Program providers, to develop a professional
  701         development system and a program for demonstration of
  702         education competence; amending s. 1012.986, F.S.;
  703         specifying criteria for leadership standards under the
  704         William Cecil Golden Professional Development Program
  705         for School Leaders; authorizing the program to be
  706         offered through state-approved leadership programs;
  707         repealing s. 1012.33(3)(g), F.S., relating to
  708         acceptance of certain teaching service for purposes of
  709         pay for instructional staff, supervisors, and school
  710         principals; requiring the Commissioner of Education to
  711         report to the Legislature specific recommendations for
  712         legislation to improve teacher quality; reenacting ss.
  713         1003.62(2)(a) and 1003.621(2)(h), F.S., relating to
  714         academic performance-based charter school districts
  715         and academically high-performing school districts,
  716         respectively, to incorporate the amendments made to s.
  717         1012.22, F.S., in a reference thereto; providing an
  718         effective date.