The Florida Senate

231.17  Official statements of eligibility and certificates granted on application to those meeting prescribed requirements.--

(1)  APPLICATION.--Each person seeking certification pursuant to this chapter shall submit a completed application to the Department of Education and remit the fee required pursuant to s. 231.30. Applications submitted shall contain the applicant's social security number. Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement. Pursuant to s. 120.60, the Department of Education shall issue within 90 calendar days after the stamped receipted date of the completed application an official statement of eligibility for certification or a certificate covering the classification, level, and area for which the applicant is deemed qualified.

(2)  STATEMENT OF ELIGIBILITY.--The statement of eligibility must advise the applicant of the qualifications that must be completed to qualify for the temporary or professional certificate sought. Each statement of eligibility is valid for 2 years after its date of issuance and may be reissued for one additional 2-year period if application is made while the initial statement of eligibility is valid or within 1 year after the initial statement expires.

(3)  TEMPORARY CERTIFICATE.--

(a)  The department shall issue a temporary certificate to any applicant who submits satisfactory evidence of possessing the qualifications for such a certificate as prescribed by this chapter and by rules of the state board. Each temporary certificate is valid for 2 years after the date of its issuance and is nonrenewable, except as otherwise provided in subsection (6).

(b)  Issuance of the temporary certificate shall occur when the department:

1.  Receives the applicant's fingerprint reports from the Department of Law Enforcement and the Federal Bureau of Investigation pursuant to s. 231.02, and

2.  Determines that the applicant is qualified for the temporary certificate.

(c)  To qualify for a temporary certificate, the applicant must:

1.  File a written statement under oath that the applicant subscribes to and will uphold the principles incorporated in the Constitutions of the United States and of the State of Florida.

2.  Be at least 18 years of age.

3.  Document receipt of a bachelor's or higher degree from an accredited institution of higher learning, as defined by state board rule. Credits and degrees awarded by a newly created Florida state institution that is part of the State University System shall be considered as granted by an accredited institution of higher learning during the first 2 years of course offerings while accreditation is gained. Degrees from foreign institutions, or degrees from other institutions of higher learning that are in the accreditation process, may be validated by a process established in state board rule. Once accreditation is gained, the institution shall be considered as accredited beginning with the 2-year period prior to the date of accreditation. The bachelor's or higher degree may not be required in areas approved in rule by the State Board of Education as nondegreed areas. Each applicant seeking initial certification must have attained at least a 2.5 overall grade point average on a 4.0 scale in the applicant's major field of study. The applicant may document the required education by submitting official transcripts from institutions of higher education or by authorizing the direct submission of such official transcripts through established electronic network systems.

4.  Be competent and capable of performing the duties, functions, and responsibilities of a teacher.

5.  Be of good moral character.

6.  Demonstrate mastery of general knowledge, including the ability to read, write, compute, and use technology for classroom instruction. Individuals who apply for certification on or after July 1, 2000, must demonstrate these minimum competencies in order to receive a temporary certificate. Acceptable means of demonstrating such mastery is an individual's achievement of passing scores on another state's general knowledge examinations or a valid standard teaching certificate issued by another state that requires mastery of general knowledge.

Rules adopted pursuant to this section shall provide for the review and acceptance of credentials from foreign institutions of higher learning.

(4)  PROFESSIONAL CERTIFICATE.--The department shall issue a professional certificate for a period not to exceed 5 years to any applicant who meets the requirements for a temporary certificate and documents mastery of the minimum competencies required by subsection (5). Mastery of the minimum competencies must be documented on a comprehensive written examination or through other criteria as specified by rules of the state board. Mastery of minimum competencies required under subsection (5) must be demonstrated in the following areas:

(a)  General knowledge, including the ability to read, write, and compute, and use technology for classroom instruction. However, individuals who apply for certification on or after July 1, 2000, must demonstrate these minimum competencies in order to receive a temporary certificate. Acceptable means of demonstrating such mastery is an individual's achievement of passing scores on another state's general knowledge examinations or a valid standard teaching certificate issued by another state that requires mastery of general knowledge.

(b)  Professional skills and knowledge of the standards of professional practice.

(c)  The subject matter in each area for which certification is sought.

(5)  MINIMUM COMPETENCIES FOR PROFESSIONAL CERTIFICATE.--

(a)  The state board must specify, by rule, the minimum essential competencies that educators must possess and demonstrate in order to qualify to teach students the standards of student performance adopted by the state board. The minimum competencies must include but are not limited to the ability to:

1.  Write in a logical and understandable style with appropriate grammar and sentence structure.

2.  Read, comprehend, and interpret professional and other written material.

3.  Comprehend and work with mathematical concepts, including algebra.

4.  Recognize signs of students' difficulty with the reading process and apply appropriate measures to improve students' reading performance.

5.  Recognize signs of severe emotional distress in students and apply techniques of crisis intervention with an emphasis on suicide prevention and positive emotional development.

6.  Recognize signs of alcohol and drug abuse in students and know how to appropriately work with such students and seek assistance designed to prevent future abuse.

7.  Recognize the physical and behavioral indicators of child abuse and neglect, know rights and responsibilities regarding reporting, know how to care for a child's needs after a report is made, and know recognition, intervention, and prevention strategies pertaining to child abuse and neglect which can be related to children in a classroom setting in a nonthreatening, positive manner.

8.  Comprehend patterns of physical, social, and academic development in students, including exceptional students in the regular classroom, and counsel these students concerning their needs in these areas.

9.  Recognize and be aware of the instructional needs of exceptional students.

10.  Comprehend patterns of normal development in students and employ appropriate intervention strategies for disorders of development.

11.  Identify and comprehend the codes and standards of professional ethics, performance, and practices adopted pursuant to s. 231.546(2)(b), the grounds for disciplinary action provided by s. 231.28, and the procedures for resolving complaints filed pursuant to this chapter, including appeal processes.

12.  Recognize and demonstrate awareness of the educational needs of students who have limited proficiency in English and employ appropriate teaching strategies.

13.  Use and integrate appropriate technology in teaching and learning processes and in managing, evaluating, and improving instruction.

14.  Use assessment and other diagnostic strategies to assist the continuous development of the learner.

15.  Use teaching and learning strategies that include considering each student's culture, learning styles, special needs, and socioeconomic background.

16.  Demonstrate knowledge and understanding of the subject matter that is aligned with the subject knowledge and skills specified in the Sunshine State Standards and student performance standards approved by the state board.

17.  Recognize the early signs of truancy in students and identify effective interventions to avoid or resolve nonattendance behavior.

18.  Demonstrate knowledge and skill in managing student behavior inside and outside the classroom. Such knowledge and skill must include techniques for preventing and effectively responding to incidents of disruptive or violent behavior.

19.  Demonstrate knowledge of and skill in developing and administering appropriate classroom assessment instruments designed to measure student learning gains.

20.  Demonstrate the ability to maintain a positive collaborative relationship with students' families to increase student achievement.

(b)  The state board shall designate the certification areas for subject area tests. However, an applicant may satisfy the subject area and professional knowledge testing requirements by attaining scores on corresponding tests from the National Teachers Examination series, and successors to that series, that meet standards established by the state board. The College Level Academic Skills Test, a similar test approved by the state board, or corresponding tests from the National Teachers Examination series must be used to demonstrate mastery of general knowledge as required in paragraphs (3)(c) and (4)(a). All required tests may be taken prior to graduation. The College Level Academic Skills Test shall be waived for any applicant who passed the reading, writing, and mathematics subtest of the former Florida Teacher Certification Examination or the College Level Academic Skills Test and subsequently obtained a certificate pursuant to this chapter.

(6)  EXCEPTIONS FOR ISSUANCE OF CERTIFICATES.--

(a)  The department shall issue a temporary certificate to an applicant who meets all requirements established by law and rule for issuance of a professional certificate, other than passing the examination or completing the professional education courses in which the applicant is deficient.

(b)  The department shall issue one nonrenewable 2-year temporary certificate and one nonrenewable 5-year professional certificate to a qualified applicant who holds a bachelor's degree in the area of speech-language impairment to allow for completion of a master's degree program in speech-language impairment.

(c)  The state board shall adopt rules to allow the department to reissue temporary certificates as follows:

1.  One additional 2-year temporary certificate when the requirements for the professional certificate were not completed because of the serious illness, injury, or other extraordinary, extenuating circumstance of the applicant.

2.  A 1-year extension of the temporary certificate for an applicant who was employed less than 99 days during the first year of teaching.

3.  Two additional 2-year temporary certificates to an applicant who is completing the training and professional education course requirements for an English or language arts teacher of students with limited proficiency in English.

4.  A 1-year extension of the temporary certificate to a foreign educated applicant who is completing professional certification requirements, or to a bilingual curriculum content teacher of students with limited proficiency in English.

5.  One additional 2-year temporary certificate to an applicant who is completing college credits to satisfy the professional education requirements for certification.

The department shall reissue a temporary certificate upon the written request of the district school superintendent, the governing authority of a developmental research school, or the governing authority of a state-supported school or nonpublic school.

(7)  DEMONSTRATION OF PROFESSIONAL EDUCATION COMPETENCE.--

(a)  Each school district may develop and maintain an alternative certification program by which members of the district's instructional staff may satisfy the professional education course requirements specified in rules of the state board for issuance of a professional certificate. The state board must adopt, by rule, standards and guidelines for the approval of alternative certification programs. Each approved program must include methods for identifying each applicant's entry-level teaching competencies and must require each applicant to:

1.  Have expertise in the subject and meet requirements for specialization in a subject area for which a professional certificate may be issued under this chapter and rules of the state board.

2.  Complete training in only those competency areas in which deficiencies are identified.

3.  Complete the program and demonstrate professional education competence within 2 years after initial employment as a member of the district's instructional staff.

(b)  Each school district must develop and maintain a system by which members of the district's instructional staff may demonstrate the professional education competence required by this section for issuance of a professional certificate. Each district's system must be based on classroom application and instructional performance and must include a performance evaluation plan for documenting the demonstration of required professional education competence. Each individual employed as a member of the district's instructional staff on or after July 1, 1997, must demonstrate mastery of the required professional education competence within the first year of employment, unless the individual:

1.  Has completed an approved teacher preparation program at a postsecondary institution within this state;

2.  Has completed a teacher education training program and has had at least 2 years of successful full-time teaching experience in another state; or

3.  Is participating in the district's alternate certification program.

(c)  Each district school board may expend educational training funds provided under ss. 236.081 and 236.0811 to implement this subsection.

(d)  The department must approve programs and systems developed to demonstrate professional education competence.

(8)  EXAMINATIONS.--

(a)  The commissioner, with the approval of the state board, may contract for developing, printing, administering, scoring, and appropriate analysis of the written tests required.

(b)  The state board shall, by rule, specify the examination scores that are required for the issuance of a professional certificate and temporary certificate. Such rules must define generic subject area competencies and must establish uniform evaluation guidelines. Individuals who apply for their professional certificate before July 1, 2000, may demonstrate mastery of general knowledge pursuant to the alternative method specified by state board rule which must:

1.  Apply only to an applicant who has successfully completed all prerequisites for issuance of the professional certificate, except passing one specific subtest of the College Level Academic Skills Test, and who has taken and failed to achieve a passing score on that subtest at least four times.

2.  Require notification from the superintendent of the employing school district, the governing authority of the employing developmental research school, or the governing authority of the employing state-supported school or nonpublic school that the applicant has satisfactorily demonstrated mastery of the subject area covered by that specific subtest through successful experience in the professional application of generic subject area competencies and proficient academic performance in that subject area. The decision of the superintendent or governing authority shall be based on a review of the applicant's official academic transcript and notification from the applicant's principal, a peer teacher, and a district-level supervisor that the applicant has demonstrated successful professional experience in that subject area.

(c)  If an applicant takes an examination developed by this state and does not achieve the score necessary for certification, the applicant may review his or her completed examination and bring to the attention of the department any errors that would result in a passing score.

(d)  The department and the board shall maintain confidentiality of the examination, developmental materials, and workpapers, and the examination, developmental materials, and workpapers are exempt from s. 119.07(1).

(9)  NONCITIZENS.--

(a)  The state board may adopt rules for issuing certificates to noncitizens who may be needed to teach and who are legally admitted to the United States through the United States Immigration and Naturalization Service. The filing of a written oath to uphold the principles of the Constitutions of the United States and of the State of Florida, required under subparagraph (3)(c)1., does not apply to individuals assigned to teach on an exchange basis.

(b)  A certificate may not be issued to a citizen of a nation controlled by forces that are antagonistic to democratic forms of government, except to an individual who has been legally admitted to the United States through the Immigration and Naturalization Service.

(10)  DENIAL OF CERTIFICATE.--

(a)  The Department of Education may deny an applicant a certificate if the department possesses evidence satisfactory to it that the applicant has committed an act or acts, or that a situation exists, for which the Education Practices Commission would be authorized to revoke a teaching certificate.

(b)  The decision of the Department of Education is subject to review by the Education Practices Commission upon the filing of a written request from the applicant within 20 days after receipt of the notice of denial.

(11)  STATE BOARD RULES.--The State Board of Education shall adopt rules as necessary to implement this section.

(12)  PRIOR APPLICATION.--Persons who apply for initial professional or temporary certification are governed by the law and rules in effect at the time of application for issuance of the initial certificate.

(13)  PERSONNEL RECORDS.--The Department of Education shall maintain a complete statement of the academic preparation, professional training, and teaching experience of each person to whom a certificate is issued. The applicant or the superintendent shall furnish the information using a format or forms provided by the department.

(14)  AUTHORITY OF COMMISSIONER.--The Commissioner of Education is authorized to make decisions regarding an applicant's certification under extenuating circumstances not otherwise provided for in statute or by rule. However, an applicant for certification approved by the commissioner must possess the credentials, knowledge, and skills necessary to provide quality education in the public schools.

History.--s. 517, ch. 19355, 1939; CGL 1940 Supp. 892(121); s. 2, ch. 21989, 1943; s. 19, ch. 23726, 1947; s. 1, ch. 26894, 1951; s. 5, ch. 29754, 1955; s. 10, ch. 57-249; s. 6, ch. 59-371; s. 10, ch. 63-376; s. 2, ch. 65-144; s. 59, ch. 65-239; s. 5, ch. 67-387; ss. 15, 35, ch. 69-106; s. 18, ch. 69-353; s. 1, ch. 70-36; s. 1, ch. 71-177; s. 3, ch. 76-168; s. 1, ch. 77-116; s. 10, ch. 77-121; s. 1, ch. 77-129; s. 1, ch. 77-457; s. 3, ch. 78-423; ss. 110, 119, ch. 79-222; ss. 1, 11, ch. 80-190; ss. 2, 4, 6, 11, 13, ch. 80-325; ss. 2, 10, ch. 80-378; s. 1, ch. 81-243; ss. 2, 3, ch. 81-318; ss. 10, 30, ch. 82-242; s. 3, ch. 83-265; s. 20, ch. 83-324; s. 1, ch. 84-44; s. 1, ch. 84-130; s. 2, ch. 84-272; s. 28, ch. 84-317; s. 59, ch. 84-336; s. 7, ch. 85-248; ss. 3, 15, ch. 86-156; s. 2, ch. 87-76; s. 1, ch. 88-54; s. 18, ch. 89-278; s. 2, ch. 90-285; s. 8, ch. 90-288; s. 62, ch. 90-360; s. 20, ch. 91-105; s. 4, ch. 91-429; s. 144, ch. 94-209; s. 30, ch. 94-232; s. 4, ch. 94-310; s. 1534, ch. 95-147; s. 1, ch. 95-306; s. 4, ch. 95-411; s. 79, ch. 96-406; s. 1, ch. 97-4; s. 40, ch. 97-170; s. 17, ch. 97-246; s. 1, ch. 98-163; s. 4, ch. 98-281; s. 54, ch. 99-398.