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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    Florida Senate - 1998           CS for CS for SB's 2156 & 1910
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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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    Florida Senate - 1998           CS for CS for SB's 2156 & 1910
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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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    Florida Senate - 1998           CS for CS for SB's 2156 & 1910
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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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  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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