Senate Bill 2156c2
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
By the Committees on Ways and Means, Education and Senators
Horne and Dyer
301-1939A-98
1 A bill to be entitled
2 An act relating to education; creating s.
3 236.08106, F.S., relating to the Excellent
4 Teaching Program; providing legislative
5 findings and intent; authorizing monetary
6 incentives and bonuses for teaching excellence;
7 providing for annual allocations to districts;
8 providing fee subsidies and conditions for
9 repayment of subsidies for participating in the
10 certification program of the National Board of
11 Professional Teaching Standards; requiring the
12 distribution of certain monetary bonuses to
13 teachers; providing eligibility criteria;
14 requiring release time for certain activities;
15 requiring certain district expenditures for
16 professional development of teachers; amending
17 s. 236.081, F.S.; authorizing categorical
18 funding for the Excellent Teaching Program;
19 amending s. 231.173, F.S., relating to
20 certification of experienced out-of-state
21 teachers and administrators; deleting a
22 requirement for superintendents to request
23 certification; providing for issuance of a
24 professional certificate to individuals
25 certified by the National Board of Professional
26 Teaching Standards; conforming provisions;
27 amending s. 231.24, F.S.; authorizing renewal
28 of certificates through national certification;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
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1 Section 1. Section 236.08106, Florida Statutes, is
2 created to read:
3 236.08106 Excellent Teaching Program.--
4 (1) The Legislature recognizes that teachers play a
5 critical role in preparing students to achieve the high levels
6 of academic performance expected by the Sunshine State
7 Standards. The Legislature further recognizes the importance
8 of identifying and rewarding teaching excellence and of
9 encouraging good teachers to become excellent teachers. The
10 Legislature finds that the National Board of Professional
11 Teaching Standards (NBPTS) has established high and rigorous
12 standards for accomplished teaching and has developed a
13 national voluntary system for assessing and certifying
14 teachers who demonstrate teaching excellence by meeting those
15 standards. It is therefore the Legislature's intent to provide
16 incentives for teachers to seek NBPTS certification and to
17 reward teachers who demonstrate teaching excellence by
18 attaining NBPTS certification and sharing their expertise with
19 other teachers.
20 (2) The Excellent Teaching Program is created to
21 provide categorical funding for monetary incentives and
22 bonuses for teaching excellence. The Department of Education
23 shall allocate and distribute to each school district an
24 amount as prescribed annually by the Legislature for the
25 Excellent Teaching Program. Unless otherwise provided in the
26 General Appropriations Act, each school district's annual
27 allocation shall be the sum of the amounts earned for the
28 following incentives and bonuses:
29 (a) A fee subsidy to be paid by the school district to
30 the NBPTS on behalf of each individual who is an employee of
31 the district school board or a public school within that
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
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1 school district, who satisfies the prerequisites for
2 participating in the NBPTS certification program, and who
3 agrees, in writing, to pay 10 percent of the NBPTS
4 participation fee and to participate in the NBPTS
5 certification program during the school year for which the fee
6 subsidy is provided. The fee subsidy for each eligible
7 participant shall be an amount equal to 90 percent of the fee
8 charged for participating in the NBPTS certification program,
9 but not more than $1,800 per eligible participant. The fee
10 subsidy is a one-time award and may not be duplicated for any
11 individual.
12 (b) Funding for substitute teachers' salaries to
13 provide 3 days of release time to each teacher participating
14 in the NBPTS certification program. The employing school
15 district or public school shall provide at least 3 days of
16 release time during the school year to allow each
17 participating teacher to prepare a portfolio and engage in
18 other activities for the NBPTS certification program.
19 (c) An annual bonus equal to 10 percent of the prior
20 fiscal year's statewide average salary for classroom teachers
21 to be paid to each individual who holds NBPTS certification
22 and is employed by the district school board or by a public
23 school within that school district. The district school board
24 shall distribute the annual bonus to each individual who
25 demonstrates satisfactory teaching performance pursuant to s.
26 231.29 and who meets the requirements of this paragraph as a
27 single payment or divided into not more than three payments.
28 (d) An annual bonus equal to 10 percent of the prior
29 fiscal year's statewide average salary for classroom teachers
30 to be paid to each individual who meets the requirements of
31 paragraph (c) and agrees, in writing, to provide the
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
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1 equivalent of 12 workdays of mentoring and related services to
2 public school teachers within the district who do not hold
3 NBPTS certification. The district school board shall
4 distribute the annual bonus in a single payment following the
5 completion of all required mentoring and related services for
6 the year. It is not the intent of the Legislature to remove
7 excellent teachers from their assigned classrooms, therefore,
8 credit may not be granted by a school district or public
9 school for mentoring or related services provided during the
10 regular school day or during the 196 days of required service
11 for the school year.
12 (e) The district shall receive an amount equal to 50
13 percent of the teacher bonuses provided under paragraph (c)
14 and (d), which shall be used by the district for professional
15 development of teachers. The district must use all funds
16 received pursuant to this paragraph for professional
17 development of teachers employed at schools identified as
18 performing at critically low levels.
19
20 A teacher for whom the state pays the certification fee and
21 who does not complete the certification program or does not
22 teach in a public school of this state for a least 1 year
23 after completing the certification program must repay the
24 amount of the certification fee to the state. However, a
25 teacher who completes the certification program but fails to
26 be awarded NBPTS certification is not required to repay the
27 amount of the certification fee if the teacher meets the
28 1-year teaching requirement. Repayment is not required of a
29 teacher who does not complete the certification program or
30 fails to fulfill the teaching requirement because of the
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1 teacher's death or disability or because of other extenuating
2 circumstances as determined by the State Board of Education.
3 Section 2. Paragraph (a) of subsection (5) of section
4 236.081, Florida Statutes, as amended by chapter 97-380, Laws
5 of Florida, is amended to read:
6 236.081 Funds for operation of schools.--If the annual
7 allocation from the Florida Education Finance Program to each
8 district for operation of schools is not determined in the
9 annual appropriations act or the substantive bill implementing
10 the annual appropriations act, it shall be determined as
11 follows:
12 (5) CATEGORICAL PROGRAMS.--The Legislature hereby
13 provides for the establishment of selected categorical
14 programs to assist in the development and maintenance of
15 activities giving indirect support to the programs previously
16 funded. These categorical appropriations may be funded as
17 general and transitional categorical programs. It is the
18 intent of the Legislature that no transitional categorical
19 program be funded for more than 4 fiscal years from the date
20 of original authorization. Such programs are as follows:
21 (a) General.--
22 1. Comprehensive school construction and debt service
23 as provided by law.
24 2. Community schools as provided by law.
25 3. School lunch programs as provided by law.
26 4. Instructional material funds as provided by law.
27 5. Student transportation as provided by law.
28 6. Student development services as provided by law.
29 7. Diagnostic and learning resource centers as
30 provided by law.
31 8. Comprehensive health education as provided by law.
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1 9. Excellent Teaching Program as provided by law.
2 (b) Transitional.--
3 1. Bilingual program as provided by law.
4 Section 3. Section 231.173, Florida Statutes, is
5 amended to read:
6 231.173 Successful experienced out-of-state teachers
7 and administrators.--
8 (1) Notwithstanding the provisions of ss. 231.02,
9 231.15, and 231.17, and 231.172 or any other provision of law
10 or rule to the contrary, a successful, experienced, and
11 certified out-of-state teacher or administrator qualifies
12 employed in a public school or nonpublic school in this state
13 may qualify for a professional certificate if the applicant:
14 (a)(1) Completes the application process, including
15 the filing of a complete set of fingerprints as required by s.
16 231.02.
17 (b)(2) Holds a valid standard certificate issued by
18 the state where the applicant most recently taught, which
19 standard certificate is equivalent to the professional
20 certificate issued by this state and for which specialization
21 coverage is based on a level of training comparable to that
22 required in this state for the specialization coverage sought
23 by the applicant applicant's area of assignment.
24 (c)(3) Documents 5 years of appropriate successful
25 full-time teaching or administrative experience in another
26 state, including 2 continuous years during the 5-year period
27 immediately preceding the date of application for
28 certification.
29 (2) An out-of-state applicant qualifies for a
30 professional certificate if the applicant meets the
31 requirements of paragraphs (1)(a) and (b) and holds a valid
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1 certificate issued by the National Board of Professional
2 Teaching Standards.
3 (4) Submits a request for issuance of the professional
4 certificate from the superintendent of the employing school
5 district or governing authority of the employing developmental
6 research school, state-supported school, or nonpublic school
7 within the first 120 days of assignment with validation of
8 awareness of the standards of professional practice.
9 (3)(5) The professional certificate issued in
10 accordance with subsection (1) these provisions shall reflect
11 specialization coverages as follows:
12 (a) Teachers.--An applicant A teacher appointed to an
13 academic assignment shall be eligible for the academic
14 coverage in an area in which the teacher is assigned to teach
15 in a public school or nonpublic school in this state or in the
16 area of the applicant's certification by the National Board of
17 Professional Teaching Standards.
18 (b) Principals.--An individual appointed as an intern
19 or interim principal of a public or nonpublic K-12 school in
20 this state shall be eligible for the educational leadership
21 coverage.
22 (c) Administrators of adult education.--An individual
23 appointed as an administrator of an adult education program at
24 a public or nonpublic school in this state shall be eligible
25 for the administration of adult education coverage.
26 (d) Directors of career education.--An individual
27 appointed as a director of career education at a public or
28 nonpublic school in this state shall be eligible for the
29 director of career education coverage.
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
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1 Section 4. Subsection (2) and paragraph (b) of
2 subsection (3) of section 231.24, Florida Statutes, are
3 amended to read:
4 231.24 Process for renewal of professional
5 certificates.--
6 (2) All professional certificates, except a
7 nonrenewable professional certificate, shall be renewable for
8 successive periods not to exceed 5 years after the date of
9 submission of documentation of completion of the requirements
10 for renewal provided in subsection (3). Only one renewal may
11 be granted during each 5-year validity period of a
12 professional certificate, except that a teacher with national
13 certification from the National Board for Professional
14 Teaching Standards is deemed to meet state renewal
15 requirements for the life of the teacher's national
16 certificate. However, if the renewal application form is not
17 received by the department or by the employing school district
18 before the expiration of the professional certificate, the
19 application form, application fee, and a late fee must be
20 submitted before July 1 of the year following expiration of
21 the certificate in order to renew the professional
22 certificate. The state board shall adopt rules to allow a
23 1-year extension of the validity period of a professional
24 certificate in the event of serious illness, injury, or other
25 extraordinary extenuating circumstances of the applicant. The
26 department shall grant such 1-year extension upon written
27 request by the applicant or by the superintendent of the local
28 school district or the governing authority of a developmental
29 research school, state-supported school, or nonpublic school
30 that employs the applicant.
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Florida Senate - 1998 CS for CS for SB's 2156 & 1910
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1 (3) For the renewal of a professional certificate, the
2 following requirements must be met:
3 (b) In lieu of college course credit or inservice
4 points, the applicant may renew a specialization area by
5 passage of a state board approved subject area test, by
6 completion of the national certification from the National
7 Board for Professional Teaching Standards in that
8 specialization area, or by completion of a department approved
9 summer work program in a business or industry directly related
10 to an area of specialization listed on the certificate. The
11 state board shall adopt rules providing for the approval
12 procedure.
13 Section 5. This act shall take effect July 1, 1998.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 CS/SB 2156 and 1910
17
18 The Committee Substitute for CS/SB 2156 and 1910 differs from
CS/SB 2156 and 1910 as follows:
19
The word "reward" is replaced with the word "bonus" to clarify
20 that the cash amount awarded to National Certificate teachers
is not part of the salary schedule.
21
The provision of 2 days of release time for mentoring purposes
22 is deleted since mentoring is to take place outside the 196
day contract year.
23
It provides that the bonus payment to National Certificate
24 teachers for mentoring services will be made in one payment
after the services have been performed.
25
It provides that National Certificate teachers continue to
26 receive annual bonuses as long as their teaching performance
is satisfactory.
27
The provision for stipends for teachers receiving mentoring
28 services is deleted.
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