American Civics History Initiative Bill
| Model Bill Info | |
|---|---|
| Bill Title | American Civics History Initiative Bill |
| Date Introduced | December 3, 2020 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | Education and Workforce Development |
American Civics History Initiative Bill
EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
Required courses of instruction.
(a) In all public schools located within this state there shall be given prior to the completion of the eighth grade at least one year of instruction in the history of the State of (insert state). The schools shall require regular courses of instruction by the completion of the twelfth grade in the history of the United States, in civics, in the Constitution of the United States and in the government of the State of (insert state). for the purpose of teaching, fostering and perpetuating the ideals, principles and spirit of political and economic democracy in America and increasing the knowledge of the organization and machinery of the government of the United States and of the State of (insert state).. The state board shall, with the advice of the state superintendent and after consultation with other entities, prescribe the courses of study, including the basic course requirements for middle school and high school, and the academic standards for these courses of study covering these subjects for the public schools; and publish an approved list of instructional resources. The other entities may include such organizations as the Florida Joint Center for Citizenship, the Bill of Rights Institute, Hillsdale College, the Gilder Lehrman Institute of American History, iCivics, and the Constitutional Sources Project, and with educators, school administrators, postsecondary education representatives, elected officials, business and industry leaders, parents, and the public. It shall be the duty of the officials or boards having authority over the respective private, parochial and denominational schools to prescribe courses of study for the schools under their control and supervision. To further such study, every high school student eligible by age for voter registration shall be afforded the opportunity to register to vote.
(b) A full week of classes during the week selected by the county board of education shall be recognized as “Celebrate Freedom Week”. The purpose of Celebrate Freedom Week is to educate students about the sacrifices made for freedom in the founding of this country and the values on which this country was founded.
Celebrate Freedom Week must include appropriate instruction in each social studies class which:
Includes an in-depth study of the intent, meaning and importance of the Declaration of Independence, the Emancipation Proclamation and the Constitution of the United States with an emphasis on the Bill of Rights;
Uses the historical, political and social environments surrounding each document at the time of its initial passage or ratification; and
Includes the study of historical documents to firmly establish the historical background leading to the establishment of the provisions of the Constitution and Bill of Rights by the founding fathers for the purposes of safeguarding our Constitutional republic.
The requirements of this subsection are applicable to all public, private, parochial and denominational schools located within this state. Nothing in this subsection creates a standard or requirement subject to state accountability measures.
(f)Beginning the 2018-2019 school year, students in the public schools shall be administered a test the same as or substantially similar to the civics portion of the naturalization test used by the United States Citizenship and Immigration Services between their ninth and twelfth grade years as an indicator of student achievement in the area of civics education. The test results may be reported in the aggregate to the county board for evaluation by the board’s curriculum director and reported to the board members. Nothing in this subsection creates a standard or requirement subject to state accountability measures.
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
Process for improving education; education standards; statewide assessment program; accountability measures; Office of Education Performance Audits; school accreditation and school system approval; intervention to correct low performance.
(a) Legislative findings, purpose and intent. — The Legislature makes the following findings with respect to the process for improving education and its purpose and intent in the enactment of this section:
(1) The process for improving education includes four primary elements, these being:
(A) Standards which set forth the knowledge and skills that students should know and be able to perform as the result of a thorough and efficient education that prepares them for the twenty-first century, including measurable criteria to evaluate student performance and progress;
(B) Assessments of student performance and progress toward meeting the standards;
(C) A system of accountability for continuous improvement articulated by a rule promulgated by the state board that will build capacity in and ensure the efficiency of schools and districts to meet rigorous outcomes that assure student performance and progress toward obtaining the knowledge and skills intrinsic to a high-quality education, rather than monitoring for compliance with specific laws and regulations; and
(D) A method for building the capacity and improving the efficiency of schools and school systems to improve student performance and progress;
(2) As the constitutional body charged with the general supervision of schools as provided by general law, the state board has the authority following constructive engagement of the Legislature as provided in section one, article two-h of this chapter and as delegated by the Legislature by general law to establish the standards and assess the performance and progress of students against the standards, and to exercise its supervisory responsibility to hold schools and school systems accountable and assist schools and school systems to build capacity and improve efficiency so that the standards are met, including, when necessary, seeking additional resources in consultation with the Legislature and the Governor;
(3) As the constitutional body charged with providing for a thorough and efficient system of schools, the Legislature has the authority and the responsibility to establish and be engaged constructively in the determination of the knowledge and skills that students should know and be able to do as the result of a thorough and efficient education. This determination is made by using the process for improving education to determine when school improvement is needed by evaluating the results and the efficiency of the system of schools, by ensuring accountability and by providing for the necessary capacity and its efficient use;
(4) In consideration of these findings, the purpose of this section is to establish a process for improving education that includes the four primary elements as set forth in subdivision (1) of this subsection to provide assurances that the high-quality standards are, at a minimum, being met and that a thorough and efficient system of schools is being provided for all public school students on an equal education opportunity basis; and
(5) The intent of the Legislature in enacting this section is to establish a process through which the Legislature, the Governor and the state board will constructively consult on any measures affecting standards, assessments and accountability prior to their adoption, examine the performance and progress of students, schools and school systems and, when necessary, consider alternative measures to ensure that all students continue to receive the thorough and efficient education to which they are entitled. However, nothing in this section requires any specific level of funding by the Legislature.
(b) Electronic county and school strategic improvement plans. — The state board shall promulgate a rule consistent with this section and in accordance with article three-b, chapter twenty-nine-a of this code establishing an electronic county strategic improvement plan for each county board and an electronic school strategic improvement plan for each public school in this state. Each respective plan shall be for a period of no more than five years and shall include the mission and goals of the school or school system to improve student, school or school system performance and progress, as applicable. The strategic plan shall be revised annually in each area in which the school or system is below the standard on the annual performance measures. The plan shall be revised when required pursuant to this section to include each annual performance measure upon which the school or school system fails to meet the standard for performance and progress, the action to be taken to meet each measure, a separate time line and a date certain for meeting each measure, a cost estimate and, when applicable, the assistance to be provided by the department and other education agencies to improve student, school or school system performance and progress to meet the annual performance measure.
The department shall make available to all public schools through its website an electronic school strategic improvement plan boilerplate designed for use by all schools to develop an electronic school strategic improvement plan which incorporates all required aspects and satisfies all improvement plan requirements of the Every Student Succeeds Act or subsequent federal law.
(c) High-quality education standards and efficiency standards. — In accordance with article three-b, chapter twenty-nine-a of this code, the state board shall adopt and periodically review and update high-quality education standards for student, school and school system performance and processes in the following areas:
(1) Academic standards;
(2) Workplace readiness skills;
(3) Finance;
(4) Transportation;
(5) Special education;
(6) Facilities;
(7) Administrative practices;
(8) Training of county board members and administrators;
(9) Personnel qualifications;
(10) Professional development and evaluation;
(11) Student performance, progress and attendance;
(12) Professional personnel, including principals and central office administrators, and service personnel attendance;
(13) School and school system performance and progress;
(14) A code of conduct for students and employees;
(15) Indicators of efficiency;
(16) Digital literacy skills; and
(17) Any other areas determined by the state board.
(d) Comprehensive statewide student assessment program. — The state board shall establish a comprehensive statewide student assessment program to assess student performance and progress in grades three through twelve. The assessment program is subject to the following:
(1) The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code establishing the comprehensive statewide student assessment program;
(2) Prior to the testing window of the 2017-2018 school year, the state board shall align the comprehensive statewide student assessment for all grade levels in which the test is given with the college-readiness standards adopted pursuant to section thirty-nine, article two of this chapter or develop other aligned tests to be required in grades three through eight and administered once during the grade span of nine through twelve to assess progress toward college and career readiness in English/language arts and math. The assessment in science shall be administered once in grade spans three through five, once in grade spans six through eight, and once in grade spans nine through twelve;
(3) In accordance with articles two and two-e, chapter eighteen of this code, the state board shall review or develop, and adopt a college and career readiness assessment to be administered in grade eleven: Provided, That the adopted college and career readiness assessment administered in grade eleven counts toward the statewide student assessment and must be used by a significant number of regionally accredited higher education institutions for determining college admissions;
(4) The comprehensive statewide student assessment shall be administered to students in accordance with the requirements of the Every Student Succeeds Act or subsequent federal law;
(5) The state board shall provide, through the statewide assessment program, testing or assessment instruments for the history and civics courses of instruction. These testing or assessment instruments shall:
(A) Be aligned with the academic standards required;
(B) Be mandatory for students in those courses of instruction;
(C) Be cumulative by including questions about knowledge learned in prior history and civics courses; and
(D) Measure students’ factual and conceptual knowledge including how the facts interrelate and the reasons behind historical documents and events;
(5) (6) The state board may provide, through the statewide assessment program, other optional testing or assessment instruments applicable to grade levels kindergarten through grade twelve which may be used by each school to promote student achievement. The state board annually shall publish and make available, electronically or otherwise, to school curriculum teams and teacher collaborative processes the optional testing and assessment instruments. For any online assessment, the state board shall provide online assessment preparation to ensure that students have the requisite digital literacy skills to be successful on the assessment;
(6) (7) The state board may adopt a career readiness assessment that measures and documents foundational workplace skills and leads to a nationally recognized work readiness certificate for students that meet minimum proficiency requirements; and
(7) (8) The comprehensive statewide student assessment adopted prior to the testing window of the 2017-2018 school year shall continue to be used for at least a total of four consecutive years;
(8) (9) No summative assessment approved by the state board may take more than two percent of a student’s instructional time;
(9) (10) No student may be required to complete a greater number of summative assessments than is required by the Every Student Succeeds Act except as otherwise required by this subsection; and
(10) (10) Collection of personal data as part of the assessment process except for what is necessary for the student’s instruction, academic and college and career search needs is prohibited.
(e) State annual performance measures for school and school system accreditation. —
The state board shall promulgate a rule in accordance with article three-b, chapter twenty-nine-a of this code that establishes a system that is based in multiple measures and meets the requirements of any federal law to assess and weigh annual performance measures to assure that schools and school systems are providing a thorough and efficient education to their students. State accreditation shall be reviewed and approved in a balanced manner that gives fair credit to all measures affecting students and subgroups of students in the schools and school systems. The state board also may establish performance incentives for schools and school systems as part of the state accreditation system. On or before December 1, 2018, the state board shall report to the Governor and to the Legislative Oversight Commission on Education Accountability the proposed rule for establishing the measures and incentives of accreditation and the estimated cost therefore, if any. Thereafter, the state board shall provide an annual report to the Governor and to the Legislative Oversight Commission on Education Accountability on the impact and effectiveness of the accreditation system. The rule for school and school system accreditation proposed by the board may include, but is not limited to, the following measures:
(1) Student proficiency and growth in English and language arts, math, science and other subjects determined by the board;
(2) Graduation and attendance rate;
(3) Students taking and passing AP tests;
(4) Students completing a career and technical education class;
(5) Closing achievement gaps within subgroups of a school’s student population; and
(6) Students scoring at or above average attainment on SAT or ACT tests.
(f) Indicators of efficiency. — In accordance with article three-b, chapter twenty-nine-a of this code, the state board shall adopt by rule and periodically review and update indicators of efficiency for use by the appropriate divisions within the department to ensure efficient management and use of resources in the public schools in the following areas:
(1) Curriculum delivery including, but not limited to, the use of distance learning;
(2) Transportation;
(3) Facilities;
(4) Administrative practices;
(5) Personnel; and
(6) Any other indicators as determined by the state board.
Each county board of education shall use the statewide electronic information system established by the state board for data collection and reporting to the state Department of Education.
(g) Assessment and accountability of school and school system performance and processes. — In accordance with article three-b, chapter twenty-nine-a of this code, the state board shall establish by rule a system of education performance measures to evaluate the quality of education and the preparation of students based on the annual measures of student, school and school system performance and progress. The system of education performance measures shall provide information to the state board, the Legislature and the Governor, upon which they may determine whether a thorough and efficient system of schools is being provided. The system of education performance measures shall include:
(1) The assessment of student, school and school system performance and progress based on the annual measures established pursuant to subsection (e) of this section;
(2) The evaluation of records, reports and other documents that provide information on the quality of education and compliance with statutes, policies and standards: and
(3) The review of school and school system electronic strategic improvement plans.
(h) Uses of school and school system assessment information. — The state board shall use information from the system of education performance measures to assist it in ensuring that a thorough and efficient system of schools is being efficiently provided and to improve student, school and school system performance and progress. Information from the system of education performance measures further shall be used by the state board for these purposes, including, but not limited to, the following:
(1) Determining accountability and accreditation for schools and school system approval status as required by state board rule and any federal law or regulations; and
(2) Holding schools and school systems accountable for the efficient use of existing resources to meet or exceed the standards; and
(3) Targeting additional resources when necessary to improve performance and progress.
The state board shall make the performance measures information available to the Legislature, the Governor, the general public and to any individual who requests the information, subject to the provisions of any act or rule restricting the release of information.
(i) Early detection and intervention programs. — Based on the assessment of student, school and school system performance and progress, the state board shall establish early detection and intervention programs using the available resources of the Department of Education, or other resources as appropriate, to assist underachieving schools and school systems to improve performance before conditions become so grave as to warrant more substantive state intervention. Assistance shall include, but is not limited to, providing additional technical assistance and programmatic, professional staff development, and providing monetary, staffing and other resources where appropriate.
(j) The state board may employ experienced education professionals, who serve at the will and pleasure of the state board, to coordinate on site and school system improvement efforts with staff at the State Department of Education to support schools and school systems in improving education performance measures.
(k) School accreditation. —
(1) The state board shall establish levels of accreditation to be assigned to schools. The establishment of levels of accreditation shall be subject to the following:
(A) The levels will be designed to demonstrate school performance on multiple measures as established by the state board by legislative rule in accordance with article three-b, chapter twenty-nine-a of this code and consistent with the applicable state laws, policies and standards, which include standards for performance-based accountability, high-quality education, and continuous improvement; and
(B) Will ensure compliance with federal law and applicable state laws, policies and standards at a minimum.
(2) The state board annually shall review the information from the system of education performance measures submitted for each school and shall accredit each school as designated in the rule, and consistent with the applicable state laws, policies and standards; and
(3) Exercise other powers and actions the state board determines necessary to fulfill its duties of general supervision of the schools and school systems of (insert state).
(l) School system approval. — The state board annually shall review the information submitted for each school system from the system of education performance measures and issue to each county board an approval status in compliance with federal law and established by state board rule.
(m) Nonapproval for extraordinary circumstances.
(1) The state board shall establish and adopt additional standards to identify school systems in which the program may be nonapproved and the state board may issue nonapproval status whenever extraordinary circumstances exist as defined by the state board.
(2) When extraordinary circumstances exist, but do not rise to the level of immediate intervention as described in subsection (n) of this section, the state board may declare a state of emergency in the school system and shall direct designees to provide recommendations within sixty days of appointment for correcting the extraordinary circumstances. When the state board approves the recommendations, they shall be communicated to the county board. If progress in correcting the extraordinary circumstances, as determined by the state board, is not made within six months from the time the county board receives the recommendations, the state board shall intervene in the operation of the school system to cause improvements to be made that will provide assurances that a thorough and efficient system of schools will be provided. This intervention may include, but is not limited to, the following:
(A) Limiting the authority of the county board in areas that compromise the delivery of a thorough and efficient education to its students as designated by the state board by rule, which may include delegating decision-making authority regarding these matters to the state superintendent who may:
(B) Declare that the office of the county superintendent is vacant;
(C) Declare that the positions of personnel who serve at the will and pleasure of the county superintendent as provided in section one, article two, chapter eighteen-a of this code, are vacant, subject to application and reemployment;
(D) Fill the declared vacancies during the period of intervention; and
(E) Take any direct action necessary to correct the extraordinary circumstance.
(n) Notwithstanding any other provision of this section, the state board may intervene immediately in the operation of the county school system with all the powers, duties and responsibilities contained in subsection (m) of this section, if the state board finds any of the following:
(1) A county board fails to act on a statutory obligation which would interrupt the day-to- day operations of the school system;
(2) That the conditions precedent to intervention exist as provided in this section; and that delaying intervention for any period of time would not be in the best interests of the students of the county school system; or
(3) That the conditions precedent to intervention exist as provided in this section and that the state board had previously intervened in the operation of the same school system and had concluded that intervention within the preceding five years.
(o) Capacity. — The process for improving education includes a process for targeting resources strategically to improve the teaching and learning process. Development of electronic school and school system strategic improvement plans, pursuant to subsection (b) of this section, is intended, in part, to provide mechanisms to target resources strategically to the teaching and learning process to improve student, school and school system performance. When deficiencies are detected through the assessment and accountability processes, the revision and approval of school and school system electronic strategic improvement plans shall ensure that schools and school systems are efficiently using existing resources to correct the deficiencies. When the state board determines that schools and school systems do not have the capacity to correct deficiencies, the state board shall take one or more of the following actions:
(1) Work with the county board to develop or secure the resources necessary to increase the capacity of schools and school systems to meet the standards and, when necessary, seek additional resources in consultation with the Legislature and the Governor;
(2) Recommend to the appropriate body including, but not limited to, the Legislature, county boards, schools and communities methods for targeting resources strategically to eliminate deficiencies identified in the assessment and accountability processes. When making determinations on recommendations, the state board shall include, but is not limited to, the following methods:
The state board, or its designee, the (insert state). Department of Education, and county school systems, shall work collaboratively in:
(1) Examining reports and electronic strategic improvement plans regarding the performance and progress of students, schools and school systems relative to the standards and identifying the areas in which improvement is needed;
(2) Determining the areas of weakness and of ineffectiveness that appear to have contributed to the substandard performance and progress of students or the deficiencies of the school or school system;
(3) Determining the areas of strength that appear to have contributed to exceptional student, school and school system performance and progress and promoting their emulation throughout the system;
(4) Requesting technical assistance from the School Building Authority in assessing or designing comprehensive educational facilities plans;
(5) Recommending priority funding from the School Building Authority based on identified needs;
(6) Recommending special staff development programs from county boards based on identified needs;
(7) Submitting requests to the Legislature for appropriations to meet the identified needs for improving education;
(8) Directing educational expertise and support services strategically toward alleviating deficiencies;
(9) Ensuring that the need for facilities in counties with increased enrollment are appropriately reflected and recommended for funding;
(10) Ensuring that the appropriate person or entity is held accountable for eliminating deficiencies; and
(11) Ensuring that the needed capacity is available from the state and local level to assist the school or school system in achieving the standards and alleviating the deficiencies.
(p) Building leadership capacity. — To help build the governance and leadership capacity of a county board during an intervention in the operation of its school system, and to help assure sustained success following return of control to the county board, the county board shall establish goals and action plans, subject to approval of the state superintendent, to improve performance sufficiently to end the intervention within a period of not more than five years. The state superintendent shall maintain oversight and provide assistance and feedback to the county board on development and implementation of the goals and action plans. At a minimum, the goals and action plans shall include:
(1) An analysis of the training and development activities needed by the county board and leadership of the school system for effective governance and school improvement;
(2) Support for the training and development activities identified which may include those made available through the state superintendent, (insert state). School Board Association, and other sources identified in the goals and action plans; and
(3) Active involvement by the county board in the improvement process, working in tandem with the county superintendent to gather, analyze and interpret data, write time-specific goals to correct deficiencies, prepare and implement action plans and allocate or request from the Department of Education the resources, including board development training and coaching, necessary to achieve approved goals and action plans and sustain system and school improvement.
At least once each year during the period of intervention, the state board shall appoint a designee to assess the readiness of the county board to accept the return of control of the system or school from the state board and sustain the improvements, and shall make a report and recommendations to the state board supported by documented evidence of the progress made on the goals and action plans. The state board may return any portion of control of the operations of the school system or end the intervention in its entirety by a majority vote. If the state board determines at the fifth annual assessment that the county board is still not ready to accept return of control by the state board and sustain the improvements, the state board shall hold a public hearing in the affected county at which the attendance by all members of the county board is requested so that the reasons for continued intervention and the concerns of the citizens of the county may be heard. The state board may continue the intervention only after it holds the public hearing and may require revision of the goals and action plans. The state board must thereafter hold a public hearing after each annual assessment beyond the fifth year. If a school system is in intervention status on the effective date of this provision, the total years of intervention shall be calculated from the date of initial intervention.
Following the termination of an intervention in the operation of a school system and return of full control by the state board, the support for governance education and development shall continue as needed for up to three years. If at any time within this three years, the state board determines that intervention in the operation of the school system is again necessary, the state board shall again hold a public hearing in the affected county so that the reasons for the intervention and the concerns of the citizens of the county may be heard prior to intervening.
CHAPTER 18A. SCHOOL PERSONNEL.
ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.
Teacher preparation programs; program approval and standards; authority to issue teaching certificates.
(a) The education of professional educators in the state is under the general direction and control of the state board.
The education of professional educators in the state includes all programs leading to certification to teach or serve in the public schools. The programs include the following:
(1) Programs in all institutions of higher education, including student teaching and teacher-in-residence programs as provided in this section;
(2) Beginning teacher induction programs;
(3) Granting (insert state) certification to persons who received their preparation to teach outside the boundaries of this state, except as provided in subsection (b) of this section;
(4) Alternative preparation programs in this state leading to certification, and programs which are in effect on the effective date of this section; and
(5) Continuing professional education, professional development, and in-service training programs for professional educators employed in the public schools in the state.
(b) The state board shall adopt standards for the education of professional educators in the state and for awarding certificates valid in the public schools of this state. The standards include, but are not limited to, the following:
(1) A provision for the study of the history and philosophical foundations of Western Civilization and the writings of the founders of the United States of America;
(2) A provision for the study of multicultural education. As used in this section, multicultural education means the study of the pluralistic nature of American society including its values, institutions, organizations, groups, status positions, and social roles;
(3) A provision for the study of classroom management techniques, including methods of effective management of disruptive behavior including addressing societal factors and their impact on student behavior; and
(4) A provision requiring that a majority of the coursework students in teacher preparation programs are required to successfully complete be in the field of study they intend to teach; and
(4) (5) A teacher from another state shall be awarded a teaching certificate for a comparable grade level and subject area valid in the public schools of this state, if he or she has met the following requirements:
(A) Holds a valid teaching certificate or a certificate of eligibility issued by another state;
(B) Has graduated from an educator preparation program at a regionally accredited institution of higher education or from another educator preparation program;
(C) Possesses the minimum of a bachelor’s degree; and
(D) Meets all of the requirements of the state for full certification except employment.
(c) The state board may enter into an agreement with county boards for the use of the public schools in order to give prospective teachers the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the (insert state). public schools.
(d) An agreement established pursuant to subsection (c) of this section shall recognize student teaching as a joint responsibility of the educator preparation institution and the cooperating public schools. The agreement shall include the following items:
(1) The minimum qualifications for the employment of public school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising;
(2) The remuneration to be paid to public school teachers by the state board, in addition to their contractual salaries, for supervising student teachers;
(3) Minimum standards to guarantee the adequacy of the facilities and program of the public school selected for student teaching;
(4) Assurance that the student teacher, under the direction and supervision of the supervising teacher, shall exercise the authority of a substitute teacher;
(5) A provision requiring any higher education institution with an educator preparation program to document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk, and exceptional children at each programmatic level for which the student teacher seeks certification; and
(6) A provision authorizing a school or school district that has implemented a comprehensive beginning teacher induction program to enter into an agreement that provides for the training and supervision of student teachers consistent with the educational objectives of this subsection by using an alternate structure implemented for the support, supervision, and mentoring of beginning teachers. The agreement is in lieu of any specific provisions of this subsection and is subject to the approval of the state board.
(e) Teacher-in-residence programs. —
(1) In lieu of the provisions of subsections (c) and (d) of this section and subject to approval of the state board, an institution of higher education with a program for the education of professional educators approved by the state board may enter into an agreement with county boards for the use of teacher-in-residence programs in the public schools.
(2) A “teacher-in-residence program” means an intensively supervised and mentored residency program for prospective teachers during their senior year that refines their professional practice skills and helps them gain the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the (insert state). public schools.
(3) The authorization for the higher education institution and the county board to implement a teacher-in-residence program is subject to state board approval. The provisions of the agreement include, but are not limited to, the following items:
(A) A requirement that the prospective teacher in a teacher-in-residence program has completed all other preparation courses and has passed the appropriate basic skills and subject matter test or tests required by the state board for teachers to become certified in the area for which licensure is sought;
(B) A requirement that the teacher-in-residence serve only in a teaching position in the county which has been posted and for which no other teacher fully certified for the position has been employed;
(C) Specifics regarding the program of instruction for the teacher-in-residence setting forth the responsibilities for supervision and mentoring by the higher education institution’s educator preparation program, the school principal, and peer teachers and mentors, and the responsibilities for the formal instruction or professional development necessary for the teacher-in-residence to perfect his or her professional practice skills. The program also may include other instructional items as considered appropriate;
(D) A requirement that the teacher-in-residence hold a teacher-in-residence permit qualifying the individual to teach in his or her assigned position as the teacher of record;
(E) A requirement that the salary and benefit costs for the position to which the teacher-in-residence is assigned shall be used only for program support and to pay a stipend to the teacher-in-residence as specified in the agreement, subject to the following:
(i) The teacher-in-residence is a student enrolled in the teacher preparation program of the institution of higher education and is not a regularly employed employee of the county board;
(ii) The teacher-in-residence is included on the certified list of employees of the county eligible for state aid funding the same as an employee of the county at the appropriate level based on their permit and level of experience;
(iii) All state aid funding due to the county board for the teacher-in-residence shall be used only in accordance with the agreement with the institution of higher education for support of the program as provided in the agreement, including costs associated with instruction and supervision as set forth in paragraph (C) of this subdivision;
(iv) The teacher-in-residence is provided the same liability insurance coverage as other employees; and
(v) All state aid funding due to the county for the teacher-in-residence and not required for support of the program shall be paid as a stipend to the teacher-in-residence: Provided, That the stipend paid to the teacher-in-residence shall be no less than 65 percent of all state aid funding due the county for the teacher-in-residence;
(F) Other provisions that may be required by the state board.
(f) In lieu of the student teaching experience in a public school setting required by this section, an institution of higher education may provide an alternate student teaching experience in a nonpublic school setting if the institution of higher education meets the following criteria:
(1) Complies with the provisions of this section;
(2) Has a state board-approved educator preparation program; and
(3) Enters into an agreement pursuant to subdivisions (g) and (h) of this section.
(g) At the discretion of the higher education institution, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall require one of the following:
(1) The student teacher shall complete at least one-half of the clinical experience in a public school; or
(2) The educator preparation program shall include a requirement that any student performing student teaching in a nonpublic school shall complete the following:
(A) At least 200 clock hours of field-based training in a public school; and
(B) A course, which is a component of the institution’s state board-approved educator preparation program, that provides information to prospective teachers equivalent to the teaching experience needed to demonstrate competence as a prerequisite to certification to teach in the public schools in (insert state). The course also shall include instruction on at least the following elements:
(i) State board policy and provisions of this code governing public education;
(ii) Requirements for federal and state accountability, including the mandatory reporting of child abuse;
(iii) Federal and state mandated curriculum and assessment requirements, including multicultural education, safe schools, and student code of conduct;
(iv) Federal and state regulations for the instruction of exceptional students as defined by the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq.; and
(v) Varied approaches for effective instruction for students who are at-risk.
(h) In addition to the requirements set forth in subsection (g) of this section, an agreement for an alternate student teaching experience between an institution of higher education and a nonpublic school shall include the following:
(1) A requirement that the higher education institution with an educator preparation program shall document that the student teacher’s field-based and clinical experiences include participation and instruction with multicultural, at-risk, and exceptional children at each programmatic level for which the student teacher seeks certification; and
(2) The minimum qualifications for the employment of school teachers selected as supervising teachers, including the requirement that field-based and clinical experiences be supervised by a teacher fully certified in the state in which that teacher is supervising.
(i) The state superintendent may issue certificates to graduates of educator preparation programs and alternative educator preparation programs approved by the state board. The certificates are issued in accordance with this section and rules adopted by the state board.
(1) A certificate to teach may be granted only to a person who meets the following criteria:
(A) Is a citizen of the United States, except as provided in subdivision (2) or (3) of this subsection;
(B) Is of good moral character;
(C) Is physically, mentally, and emotionally qualified to perform the duties of a teacher; and
(D) Is at least 18 years of age on or before October 1 of the year in which his or her certificate is issued.
(2) A permit to teach in the public schools of this state may be granted to a person who is an exchange teacher from a foreign country or an alien person who meets the requirements to teach.
(3) A certificate to teach may be granted to a noncitizen of the United States who holds a valid Permanent Resident Card, Employment Authorization Document (EAD), or work permit issued by the United States Citizenship and Immigration Services (USCIS).
(j) Institutions of higher education approved for educator preparation may cooperate with each other and with one or more county boards to organize and operate centers to provide selected phases of the educator preparation program. The phases include, but are not limited to, the following:
(1) Student teaching and teacher-in-residence programs;
(2) Beginning teacher induction programs;
(3) Instruction in methodology; and
(4) Seminar programs for college students, teachers with provisional certification, professional support team members, and supervising teachers.
By mutual agreement, the institutions of higher education and county boards may budget and expend funds to operate the centers through payments to the appropriate fiscal office of the participating institutions and the county boards.
(k) The provisions of this section do not require discontinuation of an existing student teacher training center or school which meets the standards of the state board.
(l) All institutions of higher education approved for educator preparation in the 1962-63 school year continue to hold that distinction so long as they meet the minimum standards for educator preparation. Nothing in this section infringes upon the rights granted to any institution by charter given according to law previous to the adoption of this code.
(m) Definitions. — For the purposes of this section, the following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(1) “Nonpublic school” means a private school, parochial school, church school, school operated by a religious order, or other nonpublic school that elects to meet the following conditions:
(A) Comply with the provisions of this Act;
(B) Participate on a voluntary basis in a state-operated or state-sponsored program provided to this type school pursuant to this section; and
(C) Comply with the provisions of this section;
(2) “At-risk” means a student who has the potential for academic failure including, but not limited to, the risk of dropping out of school, involvement in delinquent activity, or poverty as indicated by free or reduced lunch status; and
(3) “Exceptional child” or “exceptional children” has the meaning ascribed to these terms as used in this section, the terms do not include gifted students.
Certificates valid in the public schools that may be issued by the state superintendent.
In accordance with state board rules for the education of professional educators adopted pursuant to section one of this article and subject to the limitations and conditions of that section, the state superintendent may issue the following certificates valid in the public schools of the state:
(a) Professional teaching certificates. —
(1) A professional teaching certificate for teaching in the public schools may be issued to a person who meets the following conditions:
(A) Holds at least a bachelor’s degree from a regionally accredited institution of higher education, and
(i) Has passed appropriate state board approved basic skills and subject matter tests in the area for which licensure is being sought; and
(ii) Has completed a program for the education of teachers which meets the requirements approved by the state board; or
(iii) Has met equivalent standards at institutions in other states; or
(iv) Has completed three years of successful teaching experience within the last seven years under a license issued by another state in the area for which licensure is being sought; or
(v) Has completed an alternative program approved by another state; or
(B) Holds at least a bachelor’s degree from an accredited institution of higher education; and
(i) Has passed appropriate state board approved basic skills and subject matter tests; and
(ii) Has completed an alternative program for teacher education as provided in this article; and
(iii) Is recommended for a certificate in accordance with the provisions of section one-i of this article relating to the program; and
(iv) Is recommended by the state superintendent based on documentation submitted.
(2) The certificate shall be endorsed to indicate the grade level or levels or areas of specialization in which the person is certified to teach or to serve in the public schools.
(3) The initial professional certificate is issued provisionally for a period of three years from the date of issuance:
(A) The certificate may be converted to a professional certificate valid for five years subject to successful completion of a beginning teacher induction program, if applicable, and subject to meeting content- and field-specific professional development requirements which shall be prescribed by the state board; or
(B) The certificate may be renewed subject to rules adopted by the state board.
(b) Alternative program teacher certificate. — An alternative program teacher certificate may be issued to a candidate who is enrolled in an alternative program for teacher education approved by the state board.
(1) The certificate is valid only for the alternative program position in which the candidate is employed and is subject to enrollment in the program.
(2) The certificate is valid while the candidate is enrolled in the alternative program, up to a maximum of three years, and may not be renewed.
(c) Professional administrative certificate. —
(1) A professional administrative certificate, endorsed for serving in the public schools, with specific endorsement as a principal, vocational administrator, supervisor of instructions or superintendent, may be issued to a person who has completed requirements all to be approved by the state board as follows:
(A) Holds at least a master’s degree from an institution of higher education accredited to offer a master’s degree; and
(i) Has successfully completed an approved program for administrative certification developed by the state board in cooperation with the chancellor for higher education, and
(ii) Has successfully completed education and training in evaluation skills through the center for professional development, or equivalent education and training in evaluation skills approved by the state board, and
(iii) Possesses three years of management level experience.
(2) Any person serving in the position of dean of students on June 4, 1992, is not required to hold a professional administrative certificate.
(3) The initial professional administrative certificate is issued provisionally for a period of five years. This certificate may be converted to a professional administrative certificate valid for five years or renewed, subject to the regulations of the state board.
(d) Paraprofessional certificate. — A paraprofessional certificate may be issued to a person who meets the following conditions:
(1) Has completed thirty-six semester hours of post-secondary education or its equivalent in subjects directly related to performance of the job, all approved by the state board; and
(2) Demonstrates the proficiencies to perform duties as required of a paraprofessional as defined in section eight, article four of this chapter.
(e) Other certificates; permits. —
(1) Other certificates and permits may be issued, subject to the approval of the state board, to persons who do not qualify for the professional or paraprofessional certificate.
(2) A certificate or permit may not be given permanent status and a person holding one of these credentials shall meet renewal requirements provided by law and by regulation, unless the state board declares certain of these certificates to be the equivalent of the professional certificate.
(3) Within the category of other certificates and permits, the state superintendent may issue certificates for persons to serve in the public schools as athletic coaches or coaches of other extracurricular activities, whose duties may include the supervision of students, subject to the following limitations:
(A) The person is employed under a contract with the county board of education.
(i) The contract specifies the duties to be performed, specifies a rate of pay that is equivalent to the rate of pay for professional educators in the district who accept similar duties as extra duty assignments, and provides for liability insurance associated with the activity; and
(ii) The person holding this certificate is not considered an employee of the board for salary and benefit purposes other than as specified in the contract.
(B) The person completes an orientation program designed and approved in accordance with state board rules.
(f) Teacher-In-Residence Permit. —
(1) A teacher-in-residence permit may be issued to a candidate who is enrolled in a teacher-in-residence program in accordance with an agreement between an institution of higher education and a county board. The agreement is developed pursuant to subsection (e), section one of this article and requires approval by the state board.
(2) The permit is valid only for the teacher-in-residence program position in which the candidate is enrolled and is subject to enrollment in the program. The permit is valid for no more than one school year and may not be renewed.
(g) Temporary teaching certificates for Armed Forces spouses. —
(1) A temporary teaching certificate for an Armed Forces spouse may be issued to an individual who meets the following criteria:
(A) He or she is married to a member of the Armed Forces of the United States who is on active duty;
(B) He or she holds a current unencumbered teaching certificate or license issued by an equivalent credentialing department, board, or authority, as determined by the state superintendent, in another state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, another territory or protectorate of the United States or a foreign country; and
(C) He or she provides proof acceptable to the state superintendent that his or her spouse is assigned to a duty station in this state or at a military installation within fifty air miles of the (insert state). state line and that he or she is also assigned to a duty station in this state or at a military installation within fifty air miles of the (insert state). state line under his or her spouse’s official active duty military orders.
(2) The state superintendent shall deny a temporary teaching certificate to an individual described in (1) above for fraud, material misrepresentation or concealment in the person’s application for a temporary teaching certificate or for a conviction for which an individual’s teaching certificate may be revoked under section six of this article.
(3) A temporary teaching certificate issued under (1) above is valid for one year and may be renewed for additional one year terms if the state superintendent determines the individual holding the temporary teaching certificate continues to meet the requirements of (1) above. The state superintendent may revoke a temporary teaching certificate for a conviction for which an individual’s teaching certificate may be revoked under section six of this article.
Renewal of certificates; permanent certification.
(a) Until the person qualifies for a permanent certificate, any professional or first class certificate based upon a bachelor’s degree shall be renewable provided the holder within five years from the date the certificate became valid:
(1) Files application on a prescribed form with the state Department of Education;
(2) Presents an official transcript of six semester hours of approved credit as may be prescribed by the state board;
(3) Successfully completes a beginning teacher internship program, if applicable; and
(4) Meets content- and field-specific professional development requirements which shall be prescribed by the state board; and
(4) (5) Submits a recommendation based on successful teaching experience from the county superintendent of schools of the county in which the holder last taught or resides.
(b) The holder of a professional certificate, valid for five years, shall have the certificate made permanent upon meeting any of the following requirements:
(1) Completion of the second renewal, in accordance with the provisions set forth in subsection (a) of this section; or
(2) After five years of service in the public schools, presentation of a transcript showing the completion of requirements for a master’s degree from an institution of higher education accredited to offer the master’s degree and in a program relevant to the public school program or completes the fifth year of training leading to a bachelor’s degree in library science from a school fully approved by the American Library Association; or
(3) Receives certification through the National Board for Professional Teaching Standards.
(c) To satisfy any of the requirements of subsection (b) of this section, the person must file application on a prescribed form with the state Department of Education and must submit a recommendation from the county superintendent of schools of the county in which the person last taught or resides.
(d) All certificates and permits, other than the professional certificate, shall be renewed in accordance with state board regulations.
(e) If the applicant seeking renewal has cause to believe that the county superintendent refuses to give a recommendation without just cause, the applicant shall have the right, in such case, to appeal to the state Superintendent of Schools whose responsibility it shall be to investigate the matter and issue a certificate if, in the opinion of the state superintendent, the county superintendent’s recommendation was withheld arbitrarily.
(f) A person who has reached the age of sixty and holds a renewable certificate, as provided in this section, need not present renewal credit but shall meet all other renewal requirements.
IMPROVING TEACHING AND LEARNING.
Comprehensive system for teacher and leader induction and professional growth.
(a) The intent of the Legislature is to allow for local-level implementation of comprehensive systems of support for building professional practice consistent with sound educational practices and resources available. In this regard, it is the intent of the Legislature that the comprehensive systems of support shall incorporate support for improved professional performance that begins with meaningful assistance for beginning teachers and leaders and also is targeted on deficiencies identified through the educator personnel evaluation process and other professional development needs identified in the strategic plans for continuous improvement of schools and school systems. Further, because of significant variability among the counties, not only in the size of their teaching force, distribution of facilities and available resources, but also because of their varying needs, the Legislature intends for the implementation of this section to be accomplished in a manner that provides adequate flexibility to the counties to design and implement a comprehensive system of support for improving professional performance that best achieves the goals of this section within the county. Finally, because of the critical importance of ensuring that all teachers perform at the accomplished level or higher in the delivery of instruction that at least meets the (insert state). Professional Teaching Standards and because achieving this objective at a minimum entails providing assistance to address the needs as indicated by the data informed results of annual performance evaluations, including the self-assessed needs of the teachers themselves, the Legislature expects the highest priority for county and state professional development will be on meeting these needs and that the comprehensive systems of support for improving professional practice will reflect substantial redirection of existing professional development resources toward this highest priority.
(b) On or before July 1, 2018, the state board shall publish guidelines on the design and implementation of a county-level comprehensive system of support for improving professional practice. The purpose of the guidelines is to assist the county board with the design and implementation of a system that best achieves the goals of this section within the county. The guidelines may include examples of best practices and resources available to county boards to assist them with the design and implementation of a comprehensive system of support and may include guidelines for the design and implementation of a teacher leader framework committed to improving the quality of instruction.
(c) Effective for the school year beginning July 1, 2018, and thereafter, a county board is not eligible to receive state funding appropriated for the purposes of this section or any other provision of law related to beginning teacher and principal internships and mentor teachers and principals unless it has adopted a plan for implementation of a comprehensive system of support for improving professional practice, the plan has been verified by the state board as meeting the requirements of this section and the county is implementing the plan. The plan shall address the following:
(1) The manner in which the county will provide the strong school-based support and supervision that will assist beginning teachers in developing instructional and management strategies, procedural and policy expertise, and other professional practices they need to be successful in the classroom and perform at the accomplished level. Nothing in this subdivision prohibits a school or school system that was granted an exception or waiver prior to the effective date of this section from continuing implementation of the program in accordance with the exception or waiver;
(2) The manner in which the county will provide the strong support and supervision that will assist beginning principals in developing instructional leadership, supervisory, and management strategies, procedural and policy expertise, and other professional practices they need to be successful in leading continuous school improvement and performing at the accomplished level or above;
(3) The manner in which the county in cooperation with the teacher preparation programs in this state will provide strong school-based support and assistance necessary to make student teaching a productive learning experience;
(4) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for providing professional development specifically targeted on the area or areas identified through the evaluation process as needing improvement. If possible, this targeted professional development should be delivered at the school site using collaborative processes, mentoring or coaching or other approaches that maximize use of the instructional setting;
(5) The manner in which the county will use the data from the educator performance evaluation system to serve as the basis for establishing priorities for the provision of county-level professional development when aggregate evaluation data from the county’s schools indicates an area or areas of needed improvement;
(6) The manner in which the county will expand professional development options through public-private partnerships;
(6) (7) If a county uses master teachers, mentors, academic coaches, or any other approaches using individual employees to provide support, supervision, or other professional development or training to other employees for the purpose of improving their professional practice, the manner in which the county will select each of these individual employees based upon demonstrated superior performance and competence as well as the manner in which the county will coordinate support for these employees. If the duties of the position are to provide mentoring to an individual teacher services pursuant to this subdivision at only one school, then priority shall be given to applicants employed at the school at which those duties will be performed;
(7) (8) The manner in which the county will use local resources available, including, but not limited to, funds for professional development and academic coaches, to focus on the priority professional development goals of this section;
(8) (9) The manner in which the county will adjust its scheduling, use of substitutes, collaborative planning time, calendar, or other measures as may be necessary to provide sufficient time for professional personnel to accomplish the goals of this section as set forth in the county’s plan; and
(9) (10) The manner in which the county will monitor and evaluate the effectiveness of implementation and outcomes of the county system of support for improving professional practice.
(d) Effective the school year beginning July 1, (insert year), and thereafter, appropriations for supporting county level implementation of the comprehensive systems of support for teacher and leader induction and professional growth pursuant to this code and any new appropriation which may be made for the purposes of this section shall be expended by county boards only to accomplish the activities as set forth in their county plan pursuant to this section. Effective the school year beginning July 1, (insert year), and thereafter, any employee service or employment as a mentor is not subject to the provisions of this code governing extra duty contracts. A county board may adopt a teacher leader framework designed to accomplish the purposes of this section related to teacher induction and professional growth and, if the county board adopts a county salary supplement to provide additional compensation to teachers who, in addition to teaching duties, are assigned other duties for new teacher induction, improving professional practice and furthering professional growth among teachers as set forth in the county’s comprehensive system of support, then appropriations made for supporting the purposes of this section may be applied to that salary supplement and other associated costs which may include a reduction in the teaching load of the teacher leader.
(e) The Department of Education shall assist county boards with the design and implementation of a teacher leader framework to accomplish the teacher induction and professional growth aspects of their comprehensive systems of support pursuant to this section. The goals of a teacher leader framework are to achieve:
(1) Increased student achievement and growth through the development of a shared leadership structure at the school level;
(2) Broader dissemination and use of effective teacher strategies through an increase in teacher collaboration; and
(3) Stronger and more positive school and district culture through the development and retention of highly effective teachers.
(f) The Department of Education may form networks among schools or school systems, or both, of comparable size and interests for the design and implementation of teacher leader frameworks that are:
(A) Driven by varying district and school needs;
(B) Related to existing state and district initiatives;
(C) Designed to improve student achievement and growth; and
(D) Designed to fit district size, current culture for collaboration, and funding capacity.
(g) A teacher leader framework adopted by a county board must:
(1) Create specific roles and responsibilities, eligibility requirements, and compensation plans for each teacher leader position, and clearly communicate these to teacher leaders, administrators, and other stakeholders;
(2) Provide regular, targeted professional learning opportunities for teacher leaders, and encourage redelivery within their respective schools;
(3) Provide time and opportunities for teacher leaders to collaborate with administrators, curriculum staff, other teacher leaders, and teachers;
(4) Monitor and evaluate the effectiveness of the teacher leader program through surveys from school administrators and school faculty; and
(5) Include teacher leaders in the school improvement planning process.
(h) The Legislative Oversight Commission on Education Accountability shall review the progress of the implementation of the comprehensive systems of support for teacher and leader induction and professional growth and may make any recommendations it considers necessary to the Legislature during the next regular legislative session.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
(a) Effective July 1, (year), each classroom teacher providing math instruction in the teacher’s certified area of study for at least 60 percent of the time the teacher is providing instruction to students shall be considered to have three additional years of experience only for the purposes of the salary schedule: Provided, That for any classroom teacher who satisfies these requirements and whose years of experience plus the three additional years due to them exceeds the years of experience provided for on the salary schedule shall be paid the additional amount equivalent to three additional years of experience notwithstanding the maximum experience provided on the salary schedule.
(b) Effective July 1, (year) each classroom teacher certified in special education and employed as a full-time special education teacher, providing instruction to special education students in the teacher’s certified area of study for at least 60 percent of the time the teacher is providing instruction to students shall be considered to have three additional years of experience only for the purposes of the salary schedule: Provided, That for any classroom teacher who satisfies these requirements and whose years of experience plus the three additional years due to them exceeds the years of experience provided for on the salary schedule shall be paid the additional amount equivalent to three additional years of experience notwithstanding the maximum experience provided on the salary schedule.
(c) The state board shall promulgate a legislative rule that provides for eligible classroom teachers to receive an academic credential in history and civics. The rule shall set forth which classroom teachers are eligible for the credential. The requirements for receiving any credential pursuant to this subsection shall be rigorous such that only those meeting the highest standards may receive the credential. Effective July 1, (year), each classroom teacher holding a credential pursuant to this subsection shall be considered to have three additional years of experience only for the purposes of the salary schedule: Provided, That for any classroom teacher who holds a credential pursuant to this subsection and whose years of experience plus the three additional years due to them exceeds the years of experience provided for on the salary schedule shall be paid the additional amount equivalent to three additional years of experience notwithstanding the maximum experience provided on the salary schedule.
