Senate Bill 2000
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Florida Senate - 1998 SB 2000
By Senator Lee
23-1527-98
1 A bill to be entitled
2 An act relating to rulemaking authority for
3 matters pertaining to education (RAB); amending
4 s. 231.17, F.S.; revising requirements for
5 qualifying to receive a temporary teaching
6 certificate; authorizing the State Board of
7 Education to adopt rules defining the term
8 "standard institution"; authorizing the
9 Commissioner of Education to make decisions
10 about granting certification to an applicant in
11 extenuating circumstances not otherwise
12 provided for in statute or by rule; amending s.
13 231.1725, F.S.; deleting provisions for having
14 noncertificated teachers in critical teacher
15 shortage areas; amending s. 231.24, F.S.;
16 allowing the state board to approve rules for
17 the expanded use of training in teaching
18 students having limited proficiency in English
19 toward renewing a professional certificate;
20 amending s. 231.29, F.S., relating to
21 assessment procedures and criteria for
22 personnel assessment; authorizing the state
23 board to adopt necessary rules; amending s.
24 240.116, F.S.; allowing the state board to
25 adopt rules for certain dual-enrollment
26 programs; amending s. 240.233, F.S.; allowing
27 the state board to adopt rules for the
28 articulation of foreign-language competency and
29 equivalency between secondary and postsecondary
30 institutions; providing an effective date.
31
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Florida Senate - 1998 SB 2000
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraph (c) of subsection (3) of section
4 231.17, Florida Statutes, is amended, and subsection (14) is
5 added to that section, to read:
6 231.17 Official statements of eligibility and
7 certificates granted on application to those meeting
8 prescribed requirements.--
9 (3) TEMPORARY CERTIFICATE.--
10 (c) To qualify for a temporary certificate, the
11 applicant must:
12 1. File a written statement under oath that the
13 applicant subscribes to and will uphold the principles
14 incorporated in the Constitutions of the United States and of
15 the State of Florida.
16 2. Be at least 18 years of age.
17 3. Document receipt of a bachelor's or higher degree
18 from a standard an accredited institution of higher learning ,
19 as defined by state board rule. Any institution of higher
20 learning in this state which is accredited by an accrediting
21 association that is a member of the Council for Higher
22 Education Accreditation must be considered as having met the
23 criteria established in state board rule for a standard
24 institution. The bachelor's or higher degree may not be
25 required in areas approved in rule by the State Board of
26 Education as nondegreed areas. Each applicant seeking initial
27 certification must have attained at least a 2.5 overall grade
28 point average on a 4.0 scale in the applicant's major field of
29 study. The applicant may document the required education by
30 submitting official transcripts from institutions of higher
31 education or by authorizing the direct submission of such
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1 official transcripts through established electronic network
2 systems.
3 4. Meet such academic and professional requirements
4 based on credentials certified by standard institutions of
5 higher learning, including any institutions of higher learning
6 in this state accredited by an accrediting association that is
7 a member of the Commission on Recognition of Postsecondary
8 Accreditation, as prescribed by the state board.
9 4.5. Be competent and capable of performing the
10 duties, functions, and responsibilities of a teacher.
11 5.6. Be of good moral character.
12
13 Rules adopted pursuant to this section shall provide for the
14 review and acceptance of credentials from foreign institutions
15 of higher learning.
16 (14) AUTHORITY OF COMMISSIONER.--The Commissioner of
17 Education is authorized to make decisions regarding an
18 applicant's certification under extenuating circumstances not
19 otherwise provided for in statute or by rule.
20 Section 2. Section 231.1725, Florida Statutes, is
21 amended to read:
22 231.1725 Employment of substitute teachers, teachers
23 of adult education, nondegreed teachers of career education,
24 and noncertificated teachers in critical teacher shortage
25 areas.--
26 (1) Notwithstanding the provisions of ss. 231.02,
27 231.15, and 231.17, and 231.172 or any other provision of law
28 or rule to the contrary, each school board shall establish the
29 minimal qualifications for:
30 (a) Substitute teachers to be employed pursuant to s.
31 231.47. The qualifications shall require the filing of a
3
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1 complete set of fingerprints in the same manner as required by
2 s. 231.02.
3 (b) Part-time and full-time teachers in adult
4 education programs. The qualifications shall require the
5 filing of a complete set of fingerprints in the same manner as
6 required by s. 231.02. Faculty employed solely to conduct
7 postsecondary instruction may be exempted from this
8 requirement.
9 (c) Part-time and full-time nondegreed teachers of
10 vocational programs. Qualifications shall be established for
11 agriculture, business, health occupations, family and consumer
12 sciences, industrial, marketing, and public service education
13 teachers, based primarily on successful occupational
14 experience rather than academic training. The qualifications
15 for such teachers shall require:
16 1. The filing of a complete set of fingerprints in the
17 same manner as required by s. 231.02. Faculty employed solely
18 to conduct postsecondary instruction may be exempted from this
19 requirement.
20 2. Documentation of education and successful
21 occupational experience including documentation of:
22 a. A high school diploma or the equivalent.
23 b. Completion of 6 years of full-time successful
24 occupational experience or the equivalent of part-time
25 experience in the teaching specialization area. Alternate
26 means of determining successful occupational experience may be
27 established by the school board.
28 c. Completion of career education training conducted
29 through the local school district inservice master plan.
30 d. For full-time teachers, completion of professional
31 education training in teaching methods, course construction,
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1 lesson planning and evaluation, and teaching special needs
2 students. This training may be completed through coursework
3 from a standard institution or an approved district teacher
4 education program.
5 e. Demonstration of successful teaching performance.
6 (d) Part-time and full-time noncertificated teachers
7 in critical teacher shortage areas. The qualifications shall
8 require the filing of fingerprints in the same manner as
9 required by s. 231.02 and shall be based on academic training
10 in the essential generic and specialization competencies of
11 the instructional assignment. The school board shall be
12 responsible for determining critical teacher shortage areas
13 within the school district. Each school board shall annually
14 report the number, qualifications, and areas of assignment of
15 all noncertificated teachers employed pursuant to this
16 paragraph during each school year.
17 (2) Substitute, adult education, and nondegreed, and
18 career education teachers and noncertificated teachers in
19 critical teacher shortage areas who are employed pursuant to
20 this section shall have the same rights and protection of laws
21 as certified teachers.
22 Section 3. Paragraph (d) is added to subsection (3) of
23 section 231.24, Florida Statutes, to read:
24 231.24 Process for renewal of professional
25 certificates.--
26 (3) For the renewal of a professional certificate, the
27 following requirements must be met:
28 (d) When an educator is required to complete training
29 in teaching students of limited English proficiency, the state
30 board shall approve rules for the expanded use of such
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1 training for renewal of the professional certificate as
2 follows:
3 1. A teacher who holds a professional certificate may
4 use college credits or inservice points completed in
5 English-for-Speakers-of-Other-Languages training in excess of
6 6 semester hours during one certificate-validity period toward
7 renewal of the professional certificate during the next
8 validity period.
9 2. A teacher who holds a temporary certificate may use
10 college credits or inservice points completed in
11 English-for-Speakers-of-Other-Languages training toward
12 renewal of the teacher's first professional certificate. Such
13 training must not have been included within the degree
14 program, and the teacher's temporary and professional
15 certificates must be issued for consecutive school years.
16 Section 4. Section 231.29, Florida Statutes, is
17 amended to read:
18 231.29 Assessment procedures and criteria.--
19 (1) For the purpose of improving the quality of
20 instructional, administrative, and supervisory services in the
21 public schools of the state, the superintendent shall
22 establish procedures for assessing the performance of duties
23 and responsibilities of all instructional, administrative, and
24 supervisory personnel employed by the school district. The
25 Department of Education must approve each district's
26 instructional personnel assessment system.
27 (2) The following conditions must be considered in the
28 design of the district's instructional personnel assessment
29 system:
30 (a) The system must be designed to support district
31 and school level improvement plans.
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1 (b) The system must provide appropriate instruments,
2 procedures, and criteria for continuous quality improvement of
3 the professional skills of instructional personnel.
4 (c) The system must include a mechanism to give
5 parents an opportunity to provide input into employee
6 performance assessments when appropriate.
7 (d) In addition to addressing generic teaching
8 competencies, districts must determine those teaching fields
9 for which special procedures and criteria will be developed.
10 (e) Each school board may establish a peer assistance
11 process. The plan may provide a mechanism for assistance of
12 persons who are placed on performance probation as well as
13 offer assistance to other employees who request it.
14 (f) The school board shall provide training programs
15 that are based upon guidelines provided by the Department of
16 Education to ensure that all individuals with evaluation
17 responsibilities understand the proper use of the assessment
18 criteria and procedures.
19 (3) The assessment procedure for instructional
20 personnel shall comply with, but shall not be limited to, the
21 following requirements:
22 (a) An assessment shall be conducted for each employee
23 at least once a year. The assessment shall be based upon sound
24 educational principles and contemporary research in effective
25 educational practices. The assessment must use data and
26 indicators of improvement in student performance and may
27 consider results of peer reviews in evaluating the employee's
28 performance. The assessment criteria must include, but are not
29 limited to, indicators that relate to the following:
30 1. Ability to maintain appropriate discipline.
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1 2. Knowledge of subject matter. The district school
2 board shall make special provisions for evaluating teachers
3 who are assigned to teach out-of-field.
4 3. Ability to plan and deliver instruction.
5 4. Ability to evaluate instructional needs.
6 5. Ability to communicate with parents.
7 6. Other professional competencies, responsibilities,
8 and requirements as established by rules of the State Board of
9 Education and policies of the district school board.
10 (b) All personnel shall be fully informed of the
11 criteria and procedures associated with the assessment process
12 before the assessment takes place.
13 (c) The individual responsible for supervising the
14 employee must assess the employee's performance. The evaluator
15 must submit a written report of the assessment to the
16 superintendent for the purpose of reviewing the employee's
17 contract. The evaluator must submit the written report to the
18 employee no later than 10 days after the assessment takes
19 place. The evaluator must discuss the written report of
20 assessment with the employee. The employee shall have the
21 right to initiate a written response to the assessment, and
22 the response shall become a permanent attachment to his or her
23 personnel file.
24 (d) If an employee is not performing his or her duties
25 in a satisfactory manner, the evaluator shall notify the
26 employee in writing of such determination. The notice must
27 describe such unsatisfactory performance and include notice of
28 the following procedural requirements:
29 1. Upon delivery of a notice of unsatisfactory
30 performance, the evaluator must confer with the employee, make
31 recommendations with respect to specific areas of
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1 unsatisfactory performance, and provide assistance in helping
2 to correct deficiencies within a prescribed period of time.
3 2. The employee shall be placed on performance
4 probation and governed by the provisions of this section for
5 90 calendar days from the receipt of the notice of
6 unsatisfactory performance to demonstrate corrective action.
7 School holidays and school vacation periods are not counted
8 when calculating the 90-calendar-day period. During the 90
9 calendar days, the employee must be evaluated periodically and
10 apprised of progress achieved and must be provided assistance
11 and inservice training opportunities to help correct the noted
12 performance deficiencies. At any time during the 90 calendar
13 days, the employee may request a transfer to another
14 appropriate position with a different supervising
15 administrator; however, a transfer does not extend the period
16 for correcting performance deficiencies.
17 3. Within 14 days after the close of the 90 calendar
18 days, the evaluator must assess whether the performance
19 deficiencies have been corrected and forward a recommendation
20 to the superintendent. Within 14 days after receiving the
21 evaluator's recommendation, the superintendent must notify the
22 employee in writing whether the performance deficiencies have
23 been satisfactorily corrected and whether the superintendent
24 will recommend that the school board continue or terminate his
25 or her employment contract. If the employee wishes to contest
26 the superintendent's recommendation, the employee must, within
27 15 days after receipt of the superintendent's recommendation,
28 submit a written request for a hearing. Such hearing shall be
29 conducted at the school board's election in accordance with
30 one of the following procedures:
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1 a. A direct hearing conducted by the school board
2 within 60 days after receipt of the written appeal. The
3 hearing shall be conducted in accordance with the provisions
4 of ss. 120.569 and 120.57. A majority vote of the membership
5 of the school board shall be required to sustain the
6 superintendent's recommendation. The determination of the
7 school board shall be final as to the sufficiency or
8 insufficiency of the grounds for termination of employment; or
9 b. A hearing conducted by an administrative law judge
10 assigned by the Division of Administrative Hearings of the
11 Department of Management Services. The hearing shall be
12 conducted within 60 days after receipt of the written appeal
13 in accordance with chapter 120. The recommendation of the
14 administrative law judge shall be made to the school board. A
15 majority vote of the membership of the school board shall be
16 required to sustain or change the administrative law judge's
17 recommendation. The determination of the school board shall be
18 final as to the sufficiency or insufficiency of the grounds
19 for termination of employment.
20 (4) The superintendent shall notify the department of
21 any instructional personnel who receive two consecutive
22 unsatisfactory evaluations and who have been given written
23 notice by the district that their employment is being
24 terminated or is not being renewed or that the school board
25 intends to terminate, or not renew, their employment. The
26 department shall conduct an investigation to determine whether
27 action shall be taken against the certificateholder pursuant
28 to s. 231.28(1)(b).
29 (5) The superintendent shall develop a mechanism for
30 evaluating the effective use of assessment criteria and
31 evaluation procedures by administrators who are assigned
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1 responsibility for evaluating the performance of instructional
2 personnel. The use of the assessment and evaluation procedures
3 shall be considered as part of the annual assessment of the
4 administrator's performance. The system must include a
5 mechanism to give parents and teachers an opportunity to
6 provide input into the administrator's performance assessment,
7 when appropriate.
8 (6) Nothing in this section shall be construed to
9 grant a probationary employee a right to continued employment
10 beyond the term of his or her contract.
11 (7) The district school board shall establish a
12 procedure annually reviewing instructional personnel
13 assessment systems to determine compliance with this section.
14 All substantial revisions to an approved system must be
15 reviewed and approved by the school board before being used to
16 assess instructional personnel. Upon request by a school
17 district, the department shall provide assistance in
18 developing, improving, or reviewing an assessment system.
19 (8) The State Board of Education shall adopt rules as
20 necessary to administer this section.
21 Section 5. Subsection (1) of section 240.116, Florida
22 Statutes, is amended to read:
23 240.116 Articulated acceleration.--
24 (1) It is the intent of the Legislature that a variety
25 of articulated acceleration mechanisms be available for
26 secondary and postsecondary students attending public
27 educational institutions. It is intended that articulated
28 acceleration serve to shorten the time necessary for a student
29 to complete the requirements associated with the conference of
30 a degree, broaden the scope of curricular options available to
31 students, or increase the depth of study available for a
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1 particular subject. Articulated acceleration mechanisms shall
2 include, but not be limited to, dual enrollment, early
3 admission, advanced placement, credit by examination, and the
4 International Baccalaureate Program. The State Board of
5 Education shall adopt rules for any dual-enrollment programs
6 involving requirements for high school graduation.
7 Section 6. Subsection (1) of section 240.233, Florida
8 Statutes, is amended to read:
9 240.233 Universities; admissions of students.--Each
10 university shall govern admissions of students, subject to
11 this section and rules of the Board of Regents.
12 (1) Minimum academic standards for undergraduate
13 admission to a university must shall include the requirements
14 that:
15 (a) Each student have received a high school diploma
16 pursuant to s. 232.246, or its equivalent, except as provided
17 in s. 240.116(2) and (3).
18 (b) Each student have earned two credits of sequential
19 foreign language at the secondary level or the equivalent of
20 such instruction at the postsecondary level. A student whose
21 native language is not English is exempt from this admissions
22 requirement, provided that the student demonstrates
23 proficiency in the native language. If a standardized test is
24 not available in the student's native language for the
25 demonstration of proficiency, the university may provide an
26 alternative method of assessment. The State Board of
27 Education shall adopt rules for the articulation of
28 foreign-language competency and equivalency between secondary
29 and postsecondary institutions. A student who received an
30 associate in arts degree prior to September 1, 1989, or who
31 enrolled in a program of studies leading to an associate
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1 degree from a Florida community college prior to August 1,
2 1989, and maintains continuous enrollment shall be exempt from
3 this admissions requirement.
4 Section 7. This act shall take effect upon becoming a
5 law.
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8 SENATE SUMMARY
9 Revises requirements for qualifying to receive a
temporary teaching certificate. Authorizes the State
10 Board of Education to adopt rules defining a "standard
institution." Authorizes the Commissioner of Education to
11 make decisions about granting certification to an
applicant in extenuating circumstances not otherwise
12 provided for in statute or by rule. Deletes provisions
for having noncertificated teachers in critical teacher
13 shortage areas. Allows the state board to approve rules
for the expanded use of training in teaching students of
14 limited English proficiency toward renewing a
professional certificate. Authorizes the state board to
15 adopt rules necessary for the administration of s.
231.29, F.S., relating to personnel assessment. Allows
16 the state board to adopt rules for certain
dual-enrollment programs. Allows the state board to adopt
17 rules for the articulation of foreign-language competency
and equivalency between secondary and postsecondary
18 institutions.
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