Florida Senate - 2016                              CS for SB 894
       By the Committee on Education Pre-K - 12; and Senator Detert
       581-02365-16                                           2016894c1
    1                        A bill to be entitled                      
    2         An act relating to education personnel; amending s.
    3         39.201, F.S.; authorizing certain information to be
    4         used for educator certification discipline and review;
    5         amending s. 39.202, F.S.; authorizing certain
    6         employees or agents of the Department of Education to
    7         have access to certain reports and records; amending
    8         s. 215.22, F.S.; providing that certain provisions do
    9         not apply to the Educational Certification and Service
   10         Trust Fund; amending s. 1012.05, F.S.; authorizing
   11         rather than requiring the Department of Education to
   12         sponsor a job fair meeting certain criteria; requiring
   13         the department to coordinate a best practice
   14         community; amending s. 1012.2315, F.S.; eliminating
   15         certain State Board of Education rulemaking authority
   16         related to teacher assignment; amending s. 1012.39,
   17         F.S.; providing requirements regarding liability
   18         insurance for students performing clinical field
   19         experience; creating s. 1012.562, F.S.; requiring the
   20         department to approve school leader preparation
   21         programs; providing for approval; providing program
   22         requirements; providing for rulemaking; amending s.
   23         1012.79, F.S.; revising membership of the Education
   24         Practices Commission; authorizing the Commissioner of
   25         Education to appoint emeritus members to the
   26         commission; amending s. 1012.796, F.S.; authorizing
   27         the commissioner to issue a letter of guidance in
   28         response to a complaint against a certified teacher or
   29         administrator; providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Subsection (6) of section 39.201, Florida
   34  Statutes, is amended to read:
   35         39.201 Mandatory reports of child abuse, abandonment, or
   36  neglect; mandatory reports of death; central abuse hotline.—
   37         (6) Information in the central abuse hotline may not be
   38  used for employment screening, except as provided in s.
   39  39.202(2)(a) and (h). Information in the central abuse hotline
   40  and the department’s automated abuse information system may be
   41  used by the department, its authorized agents or contract
   42  providers, the Department of Health, or county agencies as part
   43  of the licensure or registration process pursuant to ss.
   44  402.301-402.319 and ss. 409.175-409.176. Pursuant to s.
   45  39.202(2)(q), the information in the central abuse hotline may
   46  also be used by the Department of Education for purposes of
   47  educator certification discipline and review.
   48         Section 2. Paragraphs (q), (r), and (s) of subsection (2)
   49  of section 39.202, Florida Statutes, are redesignated as
   50  paragraphs (r), (s), and (t), respectively, and a new paragraph
   51  (q) is added to that subsection, to read:
   52         39.202 Confidentiality of reports and records in cases of
   53  child abuse or neglect.—
   54         (2) Except as provided in subsection (4), access to such
   55  records, excluding the name of the reporter which shall be
   56  released only as provided in subsection (5), shall be granted
   57  only to the following persons, officials, and agencies:
   58         (q) An employee or agent of the Department of Education who
   59  is responsible for the investigation or prosecution of
   60  misconduct by a certified educator.
   61         Section 3. Subsection (4) of section 215.22, Florida
   62  Statutes, is amended to read:
   63         215.22 Certain income and certain trust funds exempt.—
   64         (4) Notwithstanding the exemptions granted in subsections
   65  (1), (2), and (3), this section shall not exempt income of a
   66  revenue nature or any trust fund which was subject to the
   67  service charge pursuant to s. 215.20 on January 1, 1990. This
   68  subsection does not apply to the Educational Certification and
   69  Service Trust Fund.
   70         Section 4. Subsection (4) of section 1012.05, Florida
   71  Statutes, is amended to read:
   72         1012.05 Teacher recruitment and retention.—
   73         (4) The Department of Education, in cooperation with
   74  district personnel offices, may shall sponsor a job fair in a
   75  central part of the state to match in-state educators and
   76  potential educators and out-of-state educators and potential
   77  educators with teaching opportunities in this state. The
   78  Department of Education is authorized to collect a job fair
   79  registration fee not to exceed $20 per person and a booth fee
   80  not to exceed $250 per school district or other interested
   81  participating organization. The revenue from the fees shall be
   82  used to promote and operate the job fair. Funds may be used to
   83  purchase promotional items such as mementos, awards, and
   84  plaques. The Department of Education shall also coordinate a
   85  best practice community to ensure that school district personnel
   86  responsible for teacher recruitment and other human resources
   87  functions are operating with the most up-to-date knowledge.
   88         Section 5. Paragraph (b) of subsection (2) of section
   89  1012.2315, Florida Statutes, is amended to read:
   90         1012.2315 Assignment of teachers.—
   91         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
   92         (b)1. Beginning July 1, 2014, a school district may assign
   93  an individual newly hired as instructional personnel to a school
   94  that has earned a grade of “F” in the previous year or any
   95  combination of three consecutive grades of “D” or “F” in the
   96  previous 3 years pursuant to s. 1008.34 if the individual:
   97         a. Has received an effective rating or highly effective
   98  rating in the immediate prior year’s performance evaluation
   99  pursuant s. 1012.34;
  100         b. Has successfully completed or is enrolled in a teacher
  101  preparation program pursuant to s. 1004.04, s. 1004.85, or s.
  102  1012.56, or a teacher preparation program specified in State
  103  Board of Education rule, is provided with high quality mentoring
  104  during the first 2 years of employment, holds a certificate
  105  issued pursuant to s. 1012.56, and holds a probationary contract
  106  pursuant to s. 1012.335(2)(a); or
  107         c. Holds a probationary contract pursuant to s.
  108  1012.335(2)(a), holds a certificate issued pursuant to s.
  109  1012.56, and has successful teaching experience, and if, in the
  110  judgment of the school principal, students would benefit from
  111  the placement of that individual.
  112         2. As used in this paragraph, the term “mentoring” includes
  113  the use of student achievement data combined with at least
  114  monthly observations to improve the educator’s effectiveness in
  115  improving student outcomes. Mentoring may be provided by a
  116  school district, a teacher preparation program approved pursuant
  117  to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher
  118  preparation program specified in State Board of Education rule.
  119         3. The State Board of Education shall adopt rules under ss.
  120  120.536(1) and 120.54 to implement this paragraph.
  122  Each school district shall annually certify to the Commissioner
  123  of Education that the requirements in this subsection have been
  124  met. If the commissioner determines that a school district is
  125  not in compliance with this subsection, the State Board of
  126  Education shall be notified and shall take action pursuant to s.
  127  1008.32 in the next regularly scheduled meeting to require
  128  compliance.
  129         Section 6. Subsection (3) of section 1012.39, Florida
  130  Statutes, is amended to read:
  131         1012.39 Employment of substitute teachers, teachers of
  132  adult education, nondegreed teachers of career education, and
  133  career specialists; students performing clinical field
  134  experience.—
  135         (3) A student who is enrolled in a state-approved teacher
  136  preparation program in a postsecondary educational institution
  137  that is approved by rules of the State Board of Education and
  138  who is jointly assigned by the postsecondary educational
  139  institution and a district school board to perform a clinical
  140  field experience under the direction of a regularly employed and
  141  certified educator shall, while serving such supervised clinical
  142  field experience, be accorded the same protection of law as that
  143  accorded to the certified educator except for the right to
  144  bargain collectively as an employee of the district school
  145  board. The district school board providing the clinical field
  146  experience shall notify the student electronically or in writing
  147  of the availability of educator liability insurance under s.
  148  1012.75. A postsecondary educational institution or district
  149  school board may not require a student enrolled in a state
  150  approved teacher preparation program to purchase liability
  151  insurance as a condition of participation in any clinical field
  152  experience or related activity on the premises of an elementary
  153  or secondary school.
  154         Section 7. Section 1012.562, Florida Statutes, is created
  155  to read:
  156         1012.562 Public accountability and state approval of school
  157  leader preparation programs.—The Department of Education shall
  158  establish a process for the approval of Level I and Level II
  159  school leader preparation programs that will enable aspiring
  160  school leaders to obtain their certificate in educational
  161  leadership under s. 1012.56. School leader preparation programs
  162  must be competency-based, aligned to the principal leadership
  163  standards adopted by the state board, and open to individuals
  164  employed by public schools, including charter schools and
  165  virtual schools. Level I programs may be offered by school
  166  districts or postsecondary institutions and lead to initial
  167  certification in educational leadership for the purpose of
  168  preparing individuals to serve as school administrators. Level
  169  II programs may be offered by school districts, build upon Level
  170  I training, and lead to renewal certification as a school
  171  principal.
  172         (1) PURPOSE.—The purpose of school leader preparation
  173  programs is to:
  174         (a) Increase the supply of effective school leaders in the
  175  public schools of this state.
  176         (b) Produce school leaders who are prepared to lead the
  177  state’s diverse student population in meeting high standards for
  178  academic achievement.
  179         (c) Enable school leaders to facilitate the development and
  180  retention of effective and highly effective classroom teachers.
  181         (d) Produce leaders with the competencies and skills
  182  necessary to achieve the state’s education goals.
  183         (e) Sustain the state system of school improvement and
  184  education accountability.
  185         (2) LEVEL I PROGRAMS.—
  186         (a) Initial approval of a Level I program shall be for a
  187  period of 5 years. A postsecondary institution or school
  188  district may submit to the department in a format prescribed by
  189  the department an application to establish a Level I school
  190  leader preparation program. To be approved, a Level I program
  191  must:
  192         1. Provide competency-based training aligned to the
  193  principal leadership standards adopted by the State Board of
  194  Education.
  195         2. If the program is provided by a postsecondary
  196  institution, partner with at least one school district.
  197         3. Describe the qualifications that will be used to
  198  determine program admission standards, including a candidate’s
  199  instructional expertise and leadership potential.
  200         4. Describe how the training provided through the program
  201  will be aligned to the personnel evaluation criteria under s.
  202  1012.34.
  203         (b) Renewal of a Level I program’s approval shall be for a
  204  period of 5 years and shall be based upon evidence of the
  205  program’s continued ability to meet the requirements of
  206  paragraph (a). A postsecondary institution or school district
  207  must submit an institutional program evaluation plan in a format
  208  prescribed by the department for a Level I program to be
  209  considered for renewal. The plan must include:
  210         1. The percentage of personnel who complete the program and
  211  are placed in school leadership positions in public schools
  212  within the state.
  213         2. Results from the personnel evaluations required under s.
  214  1012.34 for personnel who complete the program.
  215         3. The passage rate of personnel who complete the program
  216  on the Florida Education Leadership Examination.
  217         4. The impact personnel who complete the program have on
  218  student learning as measured by the formulas developed by the
  219  commissioner pursuant to s. 1012.34(7).
  220         5. Strategies for continuous improvement of the program.
  221         6. Strategies for involving personnel who complete the
  222  program, other school personnel, community agencies, business
  223  representatives, and other stakeholders in the program
  224  evaluation process.
  225         7. Additional data included at the discretion of the
  226  postsecondary institution or school district.
  227         (c) A Level I program must guarantee the high quality of
  228  personnel who complete the program for the first 2 years after
  229  program completion or the person’s initial certification as a
  230  school leader, whichever occurs first. If a person who completed
  231  the program is evaluated at less than highly effective or
  232  effective under s. 1012.34 and the person’s employer requests
  233  additional training, the Level I program must provide additional
  234  training at no cost to the person or his or her employer. The
  235  training must include the creation of an individualized plan
  236  agreed to by the employer that includes specific learning
  237  outcomes. The Level I program is not responsible for the
  238  person’s employment contract with his or her employer.
  239         (3) LEVEL II PROGRAMS.—Initial approval and subsequent
  240  renewal of a Level II program shall be for a period of 5 years.
  241  A school district may submit to the department in a format
  242  prescribed by the department an application to establish a Level
  243  II school leader preparation program or for program renewal. To
  244  be approved or renewed, a Level II program must:
  245         (a) Demonstrate that personnel accepted into the Level II
  246  program have:
  247         1. Obtained their certificate in educational leadership
  248  under s. 1012.56.
  249         2. Earned a highly effective or effective designation under
  250  s. 1012.34.
  251         3. Satisfactorily performed instructional leadership
  252  responsibilities as measured by the evaluation system in s.
  253  1012.34.
  254         (b) Demonstrate that the Level II program:
  255         1. Provides competency-based training aligned to the
  256  principal leadership standards adopted by the State Board of
  257  Education.
  258         2. Provides training aligned to the personnel evaluation
  259  criteria under s. 1012.34 and professional development program
  260  in s. 1012.986.
  261         3. Provides individualized instruction using a customized
  262  learning plan for each person enrolled in the program that is
  263  based on data from self-assessment, selection, and appraisal
  264  instruments.
  265         4. Conducts program evaluations and implements program
  266  improvements using input from personnel who completed the
  267  program and employers and data gathered pursuant to paragraph
  268  (2)(b).
  269         (c) Gather and monitor the data specified in paragraph
  270  (2)(b).
  271         (4) RULES.—The State Board of Education shall adopt rules
  272  to administer this section.
  273         Section 8. Subsection (1) of section 1012.79, Florida
  274  Statutes, is amended to read:
  275         1012.79 Education Practices Commission; organization.—
  276         (1) The Education Practices Commission is composed consists
  277  of the following 25 members: 10, including 8 teachers; 5
  278  administrators, at least one of whom represents shall represent
  279  a private or virtual school; 4 7 lay citizens who are, 5 of whom
  280  shall be parents of public school students and who are unrelated
  281  to public school employees; and 2 of whom shall be former
  282  charter school governing board or district school board members
  283  or former superintendents, assistant superintendents, or deputy
  284  superintendents; and 4 5 sworn law enforcement officials,
  285  appointed by the State Board of Education from nominations by
  286  the Commissioner of Education and subject to Senate
  287  confirmation. Before Prior to making nominations, the
  288  commissioner shall consult with teaching associations, parent
  289  organizations, law enforcement agencies, and other involved
  290  associations in the state. In making nominations, the
  291  commissioner shall attempt to achieve equal geographical
  292  representation, as closely as possible.
  293         (a) A teacher member, in order to be qualified for
  294  appointment:
  295         1. Must be certified to teach in the state.
  296         2. Must be a resident of the state.
  297         2.3. Must have practiced the profession in this state for
  298  at least 5 years immediately preceding the appointment.
  299         (b) A school administrator member, in order to be qualified
  300  for appointment:
  301         1. Must have an endorsement on the educator certificate in
  302  the area of school administration or supervision.
  303         2. Must be a resident of the state.
  304         2.3. Must have practiced the profession as an administrator
  305  for at least 5 years immediately preceding the appointment.
  306         (c) The lay members must be residents of the state.
  307         (c)(d) The law enforcement official members must have
  308  served in the profession for at least 5 years immediately
  309  preceding appointment and have background expertise in child
  310  safety.
  311         (d) The Commissioner of Education, upon request or
  312  recommendation from the commission, may also appoint up to five
  313  emeritus members from the commission’s prior membership to serve
  314  1-year terms. Notwithstanding any prior service on the
  315  commission, an emeritus member may serve up to five 1-year
  316  terms. An emeritus member serves as a voting member at a
  317  discipline hearing and as a consulting but nonvoting member
  318  during a business meeting.
  319         (e) All members must be residents of the state.
  320         Section 9. Subsection (3) of section 1012.796, Florida
  321  Statutes, is amended to read:
  322         1012.796 Complaints against teachers and administrators;
  323  procedure; penalties.—
  324         (3) The department staff shall advise the commissioner
  325  concerning the findings of the investigation. The department
  326  general counsel or members of that staff shall review the
  327  investigation and advise the commissioner concerning probable
  328  cause or lack thereof. The determination of probable cause shall
  329  be made by the commissioner. The commissioner shall provide an
  330  opportunity for a conference, if requested, prior to determining
  331  probable cause. The commissioner may enter into deferred
  332  prosecution agreements in lieu of finding probable cause if, in
  333  his or her judgment, such agreements are in the best interests
  334  of the department, the certificateholder, and the public. Such
  335  deferred prosecution agreements shall become effective when
  336  filed with the clerk of the Education Practices Commission.
  337  However, a deferred prosecution agreement may shall not be
  338  entered into if there is probable cause to believe that a felony
  339  or an act of moral turpitude, as defined by rule of the State
  340  Board of Education, has occurred. Upon finding no probable
  341  cause, the commissioner shall dismiss the complaint and may
  342  issue a letter of guidance to the certificateholder.
  343         Section 10. This act shall take effect July 1, 2016.