Senate Bill 2156e1
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A bill to be entitled
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An act relating to education; creating s.
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236.08106, F.S., relating to the Excellent
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Teaching Program; providing legislative
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findings and intent; authorizing monetary
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incentives and bonuses for teaching excellence;
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providing for annual allocations to districts;
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providing fee subsidies and conditions for
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repayment of subsidies for participating in the
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certification program of the National Board of
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Professional Teaching Standards; requiring the
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distribution of certain monetary bonuses to
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teachers; providing eligibility criteria;
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requiring release time for certain activities;
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requiring certain district expenditures for
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professional development of teachers; amending
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s. 236.081, F.S.; authorizing categorical
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funding for the Excellent Teaching Program;
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amending s. 231.173, F.S., relating to
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certification of experienced out-of-state
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teachers and administrators; deleting a
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requirement for superintendents to request
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certification; providing for issuance of a
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professional certificate to individuals
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certified by the National Board of Professional
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Teaching Standards; conforming provisions;
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amending s. 231.24, F.S.; authorizing renewal
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of certificates through national certification;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 236.08106, Florida Statutes, is
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created to read:
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236.08106 Excellent Teaching Program.--
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(1) The Legislature recognizes that teachers play a
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critical role in preparing students to achieve the high levels
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of academic performance expected by the Sunshine State
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Standards. The Legislature further recognizes the importance
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of identifying and rewarding teaching excellence and of
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encouraging good teachers to become excellent teachers. The
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Legislature finds that the National Board of Professional
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Teaching Standards (NBPTS) has established high and rigorous
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standards for accomplished teaching and has developed a
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national voluntary system for assessing and certifying
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teachers who demonstrate teaching excellence by meeting those
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standards. It is therefore the Legislature's intent to provide
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incentives for teachers to seek NBPTS certification and to
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reward teachers who demonstrate teaching excellence by
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attaining NBPTS certification and sharing their expertise with
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other teachers.
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(2) The Excellent Teaching Program is created to
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provide categorical funding for monetary incentives and
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bonuses for teaching excellence. The Department of Education
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shall allocate and distribute to each school district an
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amount as prescribed annually by the Legislature for the
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Excellent Teaching Program. Unless otherwise provided in the
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General Appropriations Act, each school district's annual
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allocation shall be the sum of the amounts earned for the
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following incentives and bonuses:
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(a) A fee subsidy to be paid by the school district to
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the NBPTS on behalf of each individual who is an employee of
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the district school board or a public school within that
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school district, who is certified by the district to have
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demonstrated satisfactory teaching performance pursuant to s.
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231.29 and, beginning in the school fiscal year 1999-2000, to
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have qualified for the district performance-based pay
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incentive pursuant to s. 230.23, who satisfies the
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prerequisites for participating in the NBPTS certification
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program, and who agrees, in writing, to pay 10 percent of the
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NBPTS participation fee and to participate in the NBPTS
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certification program during the school year for which the fee
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subsidy is provided. The fee subsidy for each eligible
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participant shall be an amount equal to 90 percent of the fee
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charged for participating in the NBPTS certification program,
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but not more than $1,800 per eligible participant. The fee
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subsidy is a one-time award and may not be duplicated for any
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individual.
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(b) A portfolio-preparation incentive of $150 for each
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teacher employed by the district school board or a public
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school within the district who is participating in the NBPTS
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certification program. The portfolio-preparation incentive is
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a one-time award paid during the school year for which the
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NBPTS fee subsidy is provided.
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(c) An annual bonus equal to 10 percent of the prior
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fiscal year's statewide average salary for classroom teachers
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to be paid to each individual who holds NBPTS certification
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and is employed by the district school board or by a public
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school within that school district. The district school board
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shall distribute the annual bonus to each individual who meets
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the requirements of this paragraph and who is certified
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annually by the district to have demonstrated satisfactory
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teaching performance pursuant to s. 231.29 and to have
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qualified for the performance-based pay incentive pursuant to
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s. 230.23. The annual bonus may be paid as a single payment or
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divided into not more than three payments.
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(d) An annual bonus equal to 10 percent of the prior
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fiscal year's statewide average salary for classroom teachers
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to be paid to each individual who meets the requirements of
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paragraph (c) and agrees, in writing, to provide the
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equivalent of 12 workdays of mentoring and related services to
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public school teachers within the district who do not hold
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NBPTS certification. The district school board shall
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distribute the annual bonus in a single payment following the
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completion of all required mentoring and related services for
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the year. It is not the intent of the Legislature to remove
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excellent teachers from their assigned classrooms, therefore,
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credit may not be granted by a school district or public
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school for mentoring or related services provided during the
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regular school day or during the 196 days of required service
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for the school year.
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(e) The district shall receive an amount equal to 50
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percent of the teacher bonuses provided under paragraph (c)
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and (d), which shall be used by the district for professional
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development of teachers. The district must give priority to
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using all funds received pursuant to this paragraph for
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professional development of teachers employed at schools
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identified as performing at critically low levels.
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A teacher for whom the state pays the certification fee and
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who does not complete the certification program or does not
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teach in a public school of this state for a least 1 year
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after completing the certification program must repay the
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amount of the certification fee to the state. However, a
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teacher who completes the certification program but fails to
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be awarded NBPTS certification is not required to repay the
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amount of the certification fee if the teacher meets the
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1-year teaching requirement. Repayment is not required of a
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teacher who does not complete the certification program or
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fails to fulfill the teaching requirement because of the
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teacher's death or disability or because of other extenuating
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circumstances as determined by the State Board of Education.
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Section 2. Paragraph (a) of subsection (5) of section
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236.081, Florida Statutes, as amended by chapter 97-380, Laws
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of Florida, is amended to read:
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236.081 Funds for operation of schools.--If the annual
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allocation from the Florida Education Finance Program to each
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district for operation of schools is not determined in the
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annual appropriations act or the substantive bill implementing
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the annual appropriations act, it shall be determined as
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follows:
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(5) CATEGORICAL PROGRAMS.--The Legislature hereby
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provides for the establishment of selected categorical
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programs to assist in the development and maintenance of
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activities giving indirect support to the programs previously
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funded. These categorical appropriations may be funded as
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general and transitional categorical programs. It is the
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intent of the Legislature that no transitional categorical
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program be funded for more than 4 fiscal years from the date
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of original authorization. Such programs are as follows:
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(a) General.--
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1. Comprehensive school construction and debt service
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as provided by law.
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2. Community schools as provided by law.
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3. School lunch programs as provided by law.
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4. Instructional material funds as provided by law.
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5. Student transportation as provided by law.
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6. Student development services as provided by law.
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7. Diagnostic and learning resource centers as
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provided by law.
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8. Comprehensive health education as provided by law.
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9. Excellent Teaching Program as provided by law.
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(b) Transitional.--
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1. Bilingual program as provided by law.
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Section 3. Section 231.173, Florida Statutes, is
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amended to read:
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231.173 Successful experienced out-of-state teachers
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and administrators.--
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(1) Notwithstanding the provisions of ss. 231.02,
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231.15, and 231.17, and 231.172 or any other provision of law
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or rule to the contrary, a successful, experienced, and
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certified out-of-state teacher or administrator qualifies
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employed in a public school or nonpublic school in this state
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may qualify for a professional certificate if the applicant:
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(a)(1) Completes the application process, including
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the filing of a complete set of fingerprints as required by s.
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231.02.
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(b)(2) Holds a valid standard certificate issued by
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the state where the applicant most recently taught, which
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standard certificate is equivalent to the professional
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certificate issued by this state and for which specialization
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coverage is based on a level of training comparable to that
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required in this state for the specialization coverage sought
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by the applicant applicant's area of assignment.
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(c)(3) Documents 5 years of appropriate successful
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full-time teaching or administrative experience in another
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state, including 2 continuous years during the 5-year period
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immediately preceding the date of application for
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certification.
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(2) An out-of-state applicant qualifies for a
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professional certificate if the applicant meets the
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requirements of paragraphs (1)(a) and (b) and holds a valid
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certificate issued by the National Board of Professional
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Teaching Standards.
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(4) Submits a request for issuance of the professional
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certificate from the superintendent of the employing school
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district or governing authority of the employing developmental
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research school, state-supported school, or nonpublic school
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within the first 120 days of assignment with validation of
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awareness of the standards of professional practice.
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(3)(5) The professional certificate issued in
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accordance with subsection (1) these provisions shall reflect
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specialization coverages as follows:
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(a) Teachers.--An applicant A teacher appointed to an
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academic assignment shall be eligible for the academic
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coverage in an area in which the teacher is assigned to teach
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in a public school or nonpublic school in this state or in the
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area of the applicant's certification by the National Board of
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Professional Teaching Standards.
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(b) Principals.--An individual appointed as an intern
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or interim principal of a public or nonpublic K-12 school in
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this state shall be eligible for the educational leadership
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coverage.
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(c) Administrators of adult education.--An individual
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appointed as an administrator of an adult education program at
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a public or nonpublic school in this state shall be eligible
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for the administration of adult education coverage.
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(d) Directors of career education.--An individual
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appointed as a director of career education at a public or
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nonpublic school in this state shall be eligible for the
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director of career education coverage.
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Section 4. Subsection (2) and paragraph (b) of
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subsection (3) of section 231.24, Florida Statutes, are
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amended to read:
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231.24 Process for renewal of professional
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certificates.--
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(2) All professional certificates, except a
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nonrenewable professional certificate, shall be renewable for
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successive periods not to exceed 5 years after the date of
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submission of documentation of completion of the requirements
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for renewal provided in subsection (3). Only one renewal may
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be granted during each 5-year validity period of a
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professional certificate, except that a teacher with national
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certification from the National Board for Professional
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Teaching Standards is deemed to meet state renewal
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requirements for the life of the teacher's national
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certificate. However, if the renewal application form is not
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received by the department or by the employing school district
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before the expiration of the professional certificate, the
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application form, application fee, and a late fee must be
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submitted before July 1 of the year following expiration of
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the certificate in order to renew the professional
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certificate. The state board shall adopt rules to allow a
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1-year extension of the validity period of a professional
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certificate in the event of serious illness, injury, or other
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extraordinary extenuating circumstances of the applicant. The
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department shall grant such 1-year extension upon written
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request by the applicant or by the superintendent of the local
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school district or the governing authority of a developmental
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research school, state-supported school, or nonpublic school
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that employs the applicant.
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(3) For the renewal of a professional certificate, the
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following requirements must be met:
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(b) In lieu of college course credit or inservice
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points, the applicant may renew a specialization area by
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passage of a state board approved subject area test, by
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completion of the national certification from the National
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Board for Professional Teaching Standards in that
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specialization area, or by completion of a department approved
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summer work program in a business or industry directly related
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to an area of specialization listed on the certificate. The
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state board shall adopt rules providing for the approval
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procedure.
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Section 5. This act shall take effect July 1, 1998.
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