Senate Bill 2258c1

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    Florida Senate - 1998                           CS for SB 2258

    By the Committee on Education and Senator Cowin





    304-2074A-98

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         231.02, F.S., relating to qualifications of

  4         district school system personnel; deleting

  5         certain provisions relating to background

  6         check; amending s. 231.096, F.S.; revising

  7         provisions relating to teaching out-of-field;

  8         amending s. 231.15, F.S.; providing State Board

  9         of Education duties relating to teacher

10         certification; amending s. 231.17, F.S.;

11         revising provisions relating to qualification

12         for a temporary certificate; amending s.

13         231.1725, F.S.; deleting provisions relating to

14         employment of noncertificated teachers in

15         critical teacher shortage areas; providing for

16         protection of laws for students performing

17         clinical field experience; amending s. 231.261,

18         F.S.; providing rulemaking authority of the

19         Education Practices Commission; amending s.

20         231.263, F.S.; clarifying provisions relating

21         to the recovery network program for educators;

22         amending s. 231.47, F.S.; conforming a

23         cross-reference; amending s. 231.546, F.S.,

24         relating to the Education Standards Commission;

25         deleting duties relating to teacher education

26         centers; amending s. 231.600, F.S.; revising

27         requirements of the school district

28         professional development system; creating s.

29         231.6002, F.S.; requiring school districts to

30         develop professional development plans;

31         providing for stipends and funding; providing

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  1         for rules; amending s. 231.601, F.S.; deleting

  2         provisions relating to teacher education center

  3         purposes; amending s. 231.625, F.S.; deleting

  4         provisions relating to a teacher referral and

  5         recruitment center; requiring establishment of

  6         a teacher recruitment and retention services

  7         office; amending s. 231.6255, F.S.; revising

  8         provisions relating to the Christa McAuliffe

  9         Ambassador for Education Program; creating s.

10         231.63, F.S.; creating the Florida Educator

11         Hall of Fame; providing for nominations,

12         recommendations, and selection of members;

13         amending s. 20.15, F.S.; creating additional

14         divisions of the Department of Education;

15         amending s. 231.262, F.S.; providing a

16         show-cause process for violations of probation

17         imposed by the Education Practices Commission;

18         amending s. 231.28, F.S.; providing a

19         show-cause process for violation of an order of

20         the Education Practices Commission; providing

21         authority for additional penalties; repealing

22         s. 231.613, F.S., relating to inservice

23         training institutes; providing an effective

24         date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsection (2) of section 231.02, Florida

29  Statutes, is amended to read:

30         231.02  Qualifications of personnel.--

31

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  1         (2)(a)  Instructional and noninstructional personnel

  2  who are hired to fill positions requiring direct contact with

  3  students in any district school system or laboratory school

  4  shall, upon employment, file a complete set of fingerprints

  5  taken by an authorized law enforcement officer or an employee

  6  of the school or district who is trained to take fingerprints.

  7  These fingerprints shall be submitted to the Department of Law

  8  Enforcement for state processing and to the Federal Bureau of

  9  Investigation for federal processing. School districts which

10  have authorized terminal access to the Florida Crimes

11  Information Telecommunications Network or the National Crime

12  Information Center may use this equipment for the background

13  check required by this subsection. Such new employees shall be

14  on probationary status pending fingerprint processing and

15  determination of compliance with standards of good moral

16  character.  Employees found through fingerprint processing to

17  have been convicted of a crime involving moral turpitude shall

18  not be employed in any position requiring direct contact with

19  students.  Probationary employees terminated because of their

20  criminal record shall have the right to appeal such decisions.

21  The cost of the fingerprint processing may be borne by the

22  school board or the employee.

23         (b)  Any provision of law notwithstanding, by January

24  1, 1997, for personnel currently required to be certified

25  under s. 231.17, and January 1, 1998, for all other personnel

26  currently employed by any district school system or any other

27  public school who have not been fingerprinted and screened in

28  the same manner outlined in paragraph (a) shall submit a

29  complete set of fingerprints taken by an authorized law

30  enforcement officer or an employee of the school or district

31  who is trained to take fingerprints.  The fingerprints shall

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  1  be submitted to the Department of Law Enforcement for state

  2  processing and the Federal Bureau of Investigation for federal

  3  processing. School districts which have authorized terminal

  4  access to the Florida Crimes Telecommunications Network or the

  5  National Crime Information Center may use that equipment for

  6  the background check required by this paragraph. Employees

  7  found through fingerprint processing to have been convicted of

  8  a crime involving moral turpitude shall not be employed in any

  9  position requiring direct contact with students.  The cost of

10  the fingerprint processing may be borne by the school district

11  or the individual employee at a cost not to exceed $24.00.

12  Any additional cost shall be borne by the Department of

13  Education. Each local school board and laboratory school shall

14  develop policies necessary for the implementation of this

15  subsection. The Commissioner of Education shall provide

16  guidelines regarding standards of good moral character for use

17  in the development of these policies.  Within these standards,

18  the lack of good moral character shall be defined as having

19  been convicted of a crime involving moral turpitude.

20         (b)(c)  Personnel who have been fingerprinted or

21  screened pursuant to this subsection and who have not been

22  unemployed for more than 90 days shall not be required to be

23  refingerprinted or rescreened in order to comply with the

24  requirements of this subsection.

25         Section 2.  Section 231.096, Florida Statutes, is

26  amended to read:

27         231.096  Teacher teaching out-of-field;

28  assistance.--Each school district shall have a plan to assist

29  any teacher teaching out-of-field, and priority consideration

30  in professional development activities shall be given to

31  teachers who are teaching out-of-field in summer inservice

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  1  institutes.  A district may include in its annual summer

  2  inservice institute plan a section that provides for

  3  institutes in instructional areas identified as district

  4  critical teacher shortage areas and approved by the Department

  5  of Education.

  6         Section 3.  Section 231.15, Florida Statutes, is

  7  amended to read:

  8         231.15  Positions for which certificates required.--

  9         (1)  The State Board of Education shall have authority

10  to classify school services, designate the certification

11  subject areas, establish competencies and certification

12  requirements for all school-based personnel, and to prescribe

13  rules in accordance with which the professional, temporary,

14  and part-time certificates shall be issued by the Department

15  of Education to applicants school employees who meet the

16  standards prescribed by such rules for their class of service.

17  Each person employed or occupying a position as school

18  supervisor, principal, teacher, library media specialist,

19  school counselor, athletic coach, or other position in which

20  the employee serves in an instructional capacity, in any

21  public school of any district of this state shall hold the

22  certificate required by law and by rules of the state board in

23  fulfilling the requirements of the law for the type of service

24  rendered.  However, the state board shall adopt rules

25  authorizing school boards to employ selected noncertificated

26  personnel to provide instructional services in the

27  individuals' fields of specialty or to assist instructional

28  staff members as teacher aides.  Each person who is employed

29  and renders service as an athletic coach in any public school

30  in any district of this state shall hold a valid part-time,

31  temporary, or professional certificate. Each person employed

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  1  as a school nurse shall hold a license to practice nursing in

  2  the state, and each person employed as a school physician

  3  shall hold a license to practice medicine in the state.  The

  4  provisions of this subsection shall not apply to any athletic

  5  coach who renders service in a voluntary capacity and who is

  6  not employed by any public school of any district in this

  7  state.

  8         (2)  A commissioned or noncommissioned military officer

  9  who is an instructor of junior reserve officer training shall

10  be exempt from requirements for teacher certification, except

11  for the filing of fingerprints pursuant to s. 231.02 231.1712,

12  if he or she meets the following qualifications:

13         (a)  Is retired from active military duty with at least

14  20 years of service and draws retirement pay or is retired, or

15  transferred to retired reserve status, with at least 20 years

16  of active service and draws retirement pay or retainer pay.

17         (b)  Satisfies criteria established by the appropriate

18  military service for certification by the service as a junior

19  reserve officer training instructor.

20         (c)  Has an exemplary military record.

21

22  If such instructor is assigned instructional duties other than

23  junior reserve officer training, he or she shall hold the

24  certificate required by law and rules of the state board for

25  the type of service rendered.

26         Section 4.  Paragraph (c) of subsection (3) of section

27  231.17, Florida Statutes, is amended to read:

28         231.17  Official statements of eligibility and

29  certificates granted on application to those meeting

30  prescribed requirements.--

31         (3)  TEMPORARY CERTIFICATE.--

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  1         (c)  To qualify for a temporary certificate, the

  2  applicant must:

  3         1.  File a written statement under oath that the

  4  applicant subscribes to and will uphold the principles

  5  incorporated in the Constitutions of the United States and of

  6  the State of Florida.

  7         2.  Be at least 18 years of age.

  8         3.  Document receipt of a bachelor's or higher degree

  9  from an accredited institution of higher learning, as defined

10  by state board rule. Credits and degrees awarded by a newly

11  created Florida state institution that is part of the State

12  University System shall be considered as granted by an

13  accredited institution of higher learning during the first 2

14  years of course offerings while accreditation is gained.

15  Degrees from foreign institutions, or degrees from other

16  institutions of higher learning that are in the accreditation

17  process, may be validated by a process established in state

18  board rule. Once accreditation is gained, the institution

19  shall be considered as accredited beginning with the 2-year

20  period prior to the date of accreditation. The bachelor's or

21  higher degree may not be required in areas approved in rule by

22  the State Board of Education as nondegreed areas. Each

23  applicant seeking initial certification must have attained at

24  least a 2.5 overall grade point average on a 4.0 scale in the

25  applicant's major field of study. The applicant may document

26  the required education by submitting official transcripts from

27  institutions of higher education or by authorizing the direct

28  submission of such official transcripts through established

29  electronic network systems.

30         4.  Meet such academic and professional requirements

31  based on credentials certified by standard institutions of

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  1  higher learning, including any institutions of higher learning

  2  in this state accredited by an accrediting association that is

  3  a member of the Commission on Recognition of Postsecondary

  4  Accreditation, as prescribed by the state board.

  5         4.5.  Be competent and capable of performing the

  6  duties, functions, and responsibilities of a teacher.

  7         5.6.  Be of good moral character.

  8

  9  Rules adopted pursuant to this section shall provide for the

10  review and acceptance of credentials from foreign institutions

11  of higher learning.

12         Section 5.  Section 231.1725, Florida Statutes, is

13  amended to read:

14         231.1725  Employment of substitute teachers, teachers

15  of adult education, and nondegreed teachers of career

16  education; students performing clinical field experience, and

17  noncertificated teachers in critical teacher shortage areas.--

18         (1)  Notwithstanding the provisions of ss. 231.02,

19  231.15, and 231.17, and 231.172 or any other provision of law

20  or rule to the contrary, each school board shall establish the

21  minimal qualifications for:

22         (a)  Substitute teachers to be employed pursuant to s.

23  231.47. The qualifications shall require the filing of a

24  complete set of fingerprints in the same manner as required by

25  s. 231.02.

26         (b)  Part-time and full-time teachers in adult

27  education programs. The qualifications shall require the

28  filing of a complete set of fingerprints in the same manner as

29  required by s. 231.02. Faculty employed solely to conduct

30  postsecondary instruction may be exempted from this

31  requirement.

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  1         (c)  Part-time and full-time nondegreed teachers of

  2  vocational programs. Qualifications shall be established for

  3  agriculture, business, health occupations, family and consumer

  4  sciences, industrial, marketing, and public service education

  5  teachers, based primarily on successful occupational

  6  experience rather than academic training. The qualifications

  7  for such teachers shall require:

  8         1.  The filing of a complete set of fingerprints in the

  9  same manner as required by s. 231.02. Faculty employed solely

10  to conduct postsecondary instruction may be exempted from this

11  requirement.

12         2.  Documentation of education and successful

13  occupational experience including documentation of:

14         a.  A high school diploma or the equivalent.

15         b.  Completion of 6 years of full-time successful

16  occupational experience or the equivalent of part-time

17  experience in the teaching specialization area. Alternate

18  means of determining successful occupational experience may be

19  established by the school board.

20         c.  Completion of career education training conducted

21  through the local school district inservice master plan.

22         d.  For full-time teachers, completion of professional

23  education training in teaching methods, course construction,

24  lesson planning and evaluation, and teaching special needs

25  students. This training may be completed through coursework

26  from a standard institution or an approved district teacher

27  education program.

28         e.  Demonstration of successful teaching performance.

29         (d)  Part-time and full-time noncertificated teachers

30  in critical teacher shortage areas. The qualifications shall

31  require the filing of fingerprints in the same manner as

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  1  required by s. 231.02 and shall be based on academic training

  2  in the essential generic and specialization competencies of

  3  the instructional assignment. The school board shall be

  4  responsible for determining critical teacher shortage areas

  5  within the school district. Each school board shall annually

  6  report the number, qualifications, and areas of assignment of

  7  all noncertificated teachers employed pursuant to this

  8  paragraph during each school year.

  9         (2)  Substitute, adult education, and nondegreed career

10  education teachers and noncertificated teachers in critical

11  teacher shortage areas who are employed pursuant to this

12  section shall have the same rights and protection of laws as

13  certified teachers.

14         (3)  A student who is enrolled in a state-approved

15  teacher preparation program in an institution of higher

16  education approved by rules of the State Board of Education

17  and who is jointly assigned by such institution of higher

18  education and a school board to perform a clinical field

19  experience under the direction of a regularly employed and

20  certified educator shall be accorded the same protection of

21  laws as that accorded the certified educator while serving

22  such supervised clinical field experience, except for the

23  right to bargain collectively with employees of the school

24  board.

25         Section 6.  Paragraph (d) of subsection (7) of section

26  231.261, Florida Statutes, is amended to read:

27         231.261  Education Practices Commission;

28  organization.--

29         (7)  The duties and responsibilities of the commission

30  are to:

31

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  1         (d)  Have rulemaking authority pursuant to chapter 120

  2  to establish procedures for operations and administration,

  3  disciplinary proceedings, indexing, implementation of orders,

  4  and retention of records, and to establish disciplinary

  5  guidelines.

  6         Section 7.  Subsections (9) and (12) of section

  7  231.263, Florida Statutes, are amended to read:

  8         231.263  Recovery network program for educators.--

  9         (9)  An approved treatment provider must disclose to

10  the recovery network program all information in its possession

11  which relates to a person's impairment and participation in

12  the treatment program.  Information obtained under this

13  subsection is confidential and exempt from s. 119.07(1) and s.

14  24(a), Art. I of the State Constitution.  This exemption is

15  necessary to promote the rehabilitation of impaired educators

16  teachers and to protect the privacy of treatment program

17  participants.  The failure to provide such information to the

18  program is grounds for withdrawal of approval of a treatment

19  provider. Medical records provided to the program may not be

20  disclosed to any other person, except as authorized by law.

21         (12)  The State Board of Education shall include in the

22  fees established pursuant to s. 231.30 s. 231.15(3) an amount

23  sufficient to implement the provisions of this section.  The

24  state board shall by rule establish procedures and additional

25  standards for:

26         (a)  Approving treatment providers, including

27  appropriate qualifications and experience, amount of

28  reasonable fees and charges, and quality and effectiveness of

29  treatment programs provided.

30         (b)  Admitting eligible persons to the program.

31

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  1         (c)  Evaluating impaired persons by the recovery

  2  network program.

  3         Section 8.  Section 231.47, Florida Statutes, is

  4  amended to read:

  5         231.47  Substitute teachers.--Each school board shall

  6  adopt rules prescribing the compensation of, and the procedure

  7  for employment of, substitute teachers. Such procedure for

  8  employment shall include, but not be limited to, the filing of

  9  a complete set of fingerprints as required in s. 231.02

10  231.1712.

11         Section 9.  Subsection (1) of section 231.546, Florida

12  Statutes, is amended to read:

13         231.546  Education Standards Commission; powers and

14  duties.--

15         (1)  The Education Standards Commission shall have the

16  duty to:

17         (a)  Recommend to the state board desirable standards

18  relating to programs and policies for the development,

19  certification and certification extension, improvement, and

20  maintenance of competencies of educational personnel,

21  including teacher interns.

22         (b)  Recommend to the state board standards for

23  approval of preservice teacher education programs.

24         (c)  Plan and conduct an annual review of human

25  resources studies regarding teaching personnel and report the

26  findings to the state board.

27         (d)  Recommend to the state board objective,

28  independently verifiable standards of measurement and

29  evaluation of teaching competence.

30         (e)  Recommend to the state board alternative ways to

31  demonstrate qualifications for certification which assure

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  1  fairness and flexibility while protecting against

  2  incompetence.

  3         (f)  Recommend to the state board the most feasible

  4  locations for teacher education centers from proposals

  5  submitted by school districts and universities.

  6         (g)  Recommend to the state board guidelines for the

  7  expenditure of funds for teacher education centers and

  8  approval of teacher education center programs.

  9         (f)(h)  Recommend critical state priorities for

10  preservice and inservice teacher training such as

11  understanding diverse student populations, working in a

12  changing workplace, and understanding subject matter and

13  instruction.  The commission shall recommend standards for

14  measuring evidence of training in these priorities for

15  continuing program approval for preservice teacher education,

16  initial teacher certification and certificate renewal, and

17  staff development activities.

18         (g)(i)  Evaluate the progress of school community

19  professional development systems as provided in s. 231.600.

20         (h)(j)  Perform such other duties as may be required to

21  achieve the purposes of this section and s. 231.545.

22         Section 10.  Paragraph (b) of subsection (4) and

23  subsection (6) of section 231.600, Florida Statutes, are

24  amended to read:

25         231.600  School Community Professional Development

26  Act.--

27         (4)  The Department of Education, school districts,

28  schools, and public colleges and universities share the

29  responsibilities described in this section.  These

30  responsibilities include the following:

31

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  1         (b)  Each district school board shall consult with

  2  teachers and representatives of college and university

  3  faculty, community agencies, and other interested citizen

  4  groups to establish policy and procedures to guide the

  5  operation of the district professional development program.

  6  The professional development system must:

  7         1.  Require that schools identify student needs that

  8  can be met by improved professional performance, and assist

  9  schools in making these identifications;

10         2.  Provide training activities coupled with followup

11  support that is and other professional development appropriate

12  to accomplish district-level and school-level improvement

13  goals and standards; and

14         3.  Provide for systematic consultation with regional

15  and state personnel designated to provide technical assistance

16  and evaluation of local professional development programs.

17         (6)  The Department of Education shall design methods

18  by which the state and district school boards may evaluate and

19  improve the professional development system.  The evaluation

20  must include an annual assessment of data that indicate

21  progress or lack of progress of all students whose needs were

22  identified as most critical to improved professional

23  development, including needs of students with disabilities,

24  students having limited proficiency in English, and

25  low-achieving student populations.  If the review of data

26  indicates an achievement level that is unusual, the department

27  may investigate the causes of the success or lack of success,

28  may provide technical assistance, and may require the school

29  district to employ a different approach to professional

30  development.  The department shall report annually to the

31  State Board of Education and the Legislature any school

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  1  district that, in the determination of the department, has

  2  failed to provide an adequate professional development system.

  3  This report must include the results of the department's

  4  investigation and of any intervention provided.

  5         Section 11.  Section 231.6002, Florida Statutes, is

  6  created to read:

  7         231.6002  Teacher professional development; plans;

  8  stipends.--

  9         (1)  The Legislature finds that there is a need for

10  more time for teachers in the public schools in this state to

11  support continuing professional growth that is directly

12  connected to student learning. School improvement that is

13  dedicated to growth in student achievement requires ongoing

14  training with essential followup support for teachers. It is

15  the intent of the Legislature to establish regularly scheduled

16  professional development for teachers outside of the

17  instructional day that is focused on the improvement of

18  student learning, and to provide funds for stipends for

19  teachers who participate in these extended professional

20  development offerings.

21         (2)  The Department of Education shall create a program

22  to distribute funds for teacher stipend dollars to school

23  districts that provide matching professional growth time and

24  that, at a minimum, meet the following criteria:

25         (a)  Submit a professional development plan to the

26  Department of Education that meets the guidelines to be

27  established by the department, including, but not limited to:

28         1.  A description of the specific activities that will

29  be provided during regularly scheduled stipended and matching

30  professional development time.

31

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  1         2.  A demonstrated focus on instruction and improved

  2  student learning for each professional development activity

  3  delivered during stipended and matching professional

  4  development time.

  5         3.  Procedures to evaluate the effectiveness of the

  6  professional development activities on increased student

  7  achievement.

  8         4.  Plans for providing on-site followup support to the

  9  professional development activities.

10         (b)  Pay a stipend for each day, or for designated

11  professional development time in increments equivalent to a

12  day, per teacher, not to exceed the equivalent of two stipend

13  days annually.

14         (c)  Establish matching professional development time

15  equal to the designated paid professional development time

16  that is outside the required 180 student instructional days

17  and that is focused on instructional practices and increased

18  student learning.

19         (d)  Require each teacher who is paid a stipend to have

20  fully participated in the designated professional development

21  activities.

22         (3)  Funding for the professional development stipend

23  dollars pursuant to this section shall be provided annually in

24  the General Appropriations Act.

25         (4)  This section shall be implemented only to the

26  extent specifically funded and authorized by law.

27         (5)  The State Board of Education shall adopt rules

28  pursuant to chapter 120 to review and approve teacher

29  professional development programs.

30         Section 12.  Subsection (4) of section 231.601, Florida

31  Statutes, is amended to read:

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  1         231.601  Purposes, intent.--

  2         (4)  The responsibility for operating programs for

  3  preservice and inservice teacher education is assigned jointly

  4  to the colleges and universities, to the district school

  5  boards, and to practicing educators. Effective collaboration

  6  among school districts, postsecondary institutions, and

  7  practicing educators is essential to improving teaching in

  8  Florida's elementary and secondary schools.  Among the

  9  purposes of the teacher education centers shall be:

10         (a)  To facilitate school district inservice teacher

11  education programs for instructional personnel.

12         (b)  To respond to state, national, and district policy

13  and program priorities.

14         (c)  To provide opportunities for district school

15  educators to interact with faculty and staff of the colleges

16  and universities in order to enhance the preservice and

17  continuing education of instructional personnel.

18         Section 13.  Section 231.625, Florida Statutes, is

19  amended to read:

20         231.625  Teacher shortage recruitment and retention

21  referral.--

22         (1)  The Department of Education, through the Center

23  for Career Development Services, in cooperation with teacher

24  organizations, and district personnel offices, and colleges of

25  education directors, shall expand its career information

26  system to concentrate on the recruitment of qualified teachers

27  in teacher shortage areas.

28         (2)  The Department of Education, through the Center

29  for Career Development Services, shall establish a teacher

30  referral and recruitment and retention services office center

31  which shall:

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  1         (a)  Advertise teacher positions in targeted states

  2  with declining student enrollments.

  3         (b)  Advertise in major newspapers, national

  4  professional publications, and other professional publications

  5  and in graduate schools of education.

  6         (c)  Utilize state and a nationwide toll-free numbers

  7  number and a central post office box.

  8         (d)  Develop standardized resumes for teacher applicant

  9  data.

10         (e)  Conduct periodic communications with district

11  superintendents and personnel directors regarding new

12  applicants.

13         (f)  Provide district access to the applicant database

14  by computer or telephone.

15         (g)  Develop and distribute promotional materials

16  related to teaching as a career.

17         (h)  Publish and distribute information pertaining to

18  employment opportunities, application procedures, teacher

19  certification, and teacher salaries and benefits for beginning

20  and continuing teachers.

21         (i)  Provide Publish information related to alternative

22  certification procedures.

23         (j)  Develop and sponsor the Florida Future Educator of

24  America Program clubs throughout the state.

25         (k)  Review and recommend to the Legislature and school

26  districts incentives for attracting teachers to this state.

27         (3)  The Office of Teacher Recruitment and Retention

28  Services teacher referral and recruitment center, in

29  cooperation with teacher organizations and district personnel

30  offices directors, shall sponsor a an annual job fair in a

31  central part of the state to match in-state educators and

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  1  out-of-state educators with teaching opportunities in this

  2  state.

  3         Section 14.  Section 231.6255, Florida Statutes, is

  4  amended to read:

  5         231.6255  Christa McAuliffe Ambassador for Education

  6  Program.--

  7         (1)  The Legislature recognizes that Florida continues

  8  to face teacher shortages faces a severe shortage of teachers

  9  and that fewer young people consider teaching as a career.  It

10  is the intent of the Legislature to promote the positive and

11  rewarding aspects of being a teacher, to encourage more

12  individuals to become teachers, and to provide annual

13  sabbatical support for outstanding Florida teachers to serve

14  as goodwill ambassadors for education.  The Legislature

15  further wishes to honor the memory of Christa McAuliffe, who

16  epitomized the challenge and inspiration that teaching can be.

17         (2)  There is established the Christa McAuliffe

18  Ambassador for Education Program to provide salary, travel,

19  and other related expenses annually for an outstanding Florida

20  teacher to promote the positive aspects of teaching as a

21  career.  The goals of the program are to:

22         (a)  Enhance the stature of teachers and the teaching

23  profession.

24         (b)  Promote the importance of quality education and

25  teaching for our future.

26         (c)  Inspire and attract talented young people to

27  become teachers.

28         (d)  Provide information regarding Florida's

29  scholarship and loan programs related to teaching.

30         (e)  Promote the teaching profession within community

31  and business groups.

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  1         (f)  Provide information regarding Florida's

  2  alternative certification program to retired military

  3  personnel and other individuals who might consider teaching as

  4  a second career.

  5         (g)  Work with and represent the Office of Teacher

  6  Recruitment and Retention Services teacher referral and

  7  recruitment center, as needed.

  8         (h)  Work with and encourage the efforts of school and

  9  district teachers of the year.

10         (i)  Support the activities of the Florida Future

11  Educator Teacher of America Program clubs.

12         (j)  Represent Florida teachers at business, trade,

13  education, and other conferences and meetings.

14         (k)  Promote the teaching profession in other ways

15  related to the teaching responsibilities, background

16  experiences, and aspirations of the Ambassador for Education.

17         (3)  The Teacher of the Year shall serve as the

18  Ambassador for Education, except that for the first 2 years,

19  Florida's NASA Teachers in Space shall also serve as

20  Ambassadors for Education.  If the Teacher of the Year is

21  unable to serve as the Ambassador for Education, the first

22  runner-up shall serve in his or her place.  The Department of

23  Education Each district school board shall establish

24  application and selection procedures for determining an annual

25  teacher of the year. Applications and selection criteria shall

26  be developed and distributed annually by the Department of

27  Education to all school districts. The Commissioner of

28  Education shall establish a selection committee which assures

29  representation from teacher organizations, administrators, and

30  parents to select the Teacher of the Year and Ambassador for

31  Education from among the district teachers of the year.

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  1  Selection criteria shall be developed and distributed annually

  2  to all school districts.

  3         (4)(a)  The Department of Education and the Office of

  4  Teacher Recruitment and Retention Services, through the Center

  5  for Career Development Services and in conjunction with the

  6  teacher referral and recruitment center, shall administer the

  7  program.

  8         (b)  The Commissioner of Education shall pay an annual

  9  salary, fringe benefits, travel costs, and other costs

10  associated with administering the program.

11         (c)  The Ambassador for Education shall serve for 1

12  year, from July 1 to June 30, and shall be assured of

13  returning to his or her teaching position upon completion of

14  the program.  The ambassador will not have a break in

15  creditable or continuous service or employment for the period

16  of time in which he or she participates in the program.

17         Section 15.  Section 231.63, Florida Statutes, is

18  created to read:

19         231.63  Florida Educator Hall of Fame.--

20         (1)  It is the intent of the Legislature to recognize

21  and honor those persons, living or dead, who have made

22  significant contributions to education in this state.

23         (2)(a)  There is hereby established the Florida

24  Educator Hall of Fame. The Florida Educator Hall of Fame shall

25  be located in an area on the Plaza Level of the Capitol

26  Building.

27         (b)  The Florida Education Foundation shall make a

28  recommendation for the design and theme for the Florida

29  Educator Hall of Fame. The Commissioner of Education, in

30  consultation with the Secretary of Management Services, shall

31  approve the foundation's recommendation.

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  1         (c)  Each person who is selected as a member shall have

  2  a plaque placed in the Florida Educator Hall of Fame. The

  3  plaque shall designate the member's particular discipline or

  4  contribution and shall set forth vital information relating to

  5  the member. Each member shall also receive a standardized

  6  memento of the member's selection.

  7         (3)  The Florida Education Foundation shall accept

  8  nominations annually for persons to be recommended as members

  9  of the Florida Educator Hall of Fame. Floridians who have made

10  a significant contribution to education in this state, as

11  determined and documented by the Florida Education Foundation,

12  shall be eligible for membership. The foundation shall

13  recommend to the Commissioner of Education persons to be named

14  as members of the Florida Educator Hall of Fame.

15         (4)  In the first year, the Commissioner of Education

16  shall name no more than 10 members to the Florida Educator

17  Hall of Fame. Thereafter, the commissioner shall name no more

18  than four members to the Florida Educator Hall of Fame in any

19  1 year.

20         (5)  The Commissioner of Education and the Florida

21  Education Foundation shall develop and adopt written policies

22  to carry out the purposes of this section, including

23  procedures to accept nominations, make recommendations for

24  selection of members, provide recipient's travel expenses, and

25  provide funding for the Florida Educator Hall of Fame.

26         (6)  The Commissioner of Education may annually request

27  an appropriation from the Legislature sufficient to carry out

28  the purposes of this section. The Florida Education Foundation

29  may also provide funds to cover any or all expenses related to

30  the Florida Educator Hall of Fame.

31

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  1         Section 16.  Subsection (3) of section 20.15, Florida

  2  Statutes, is amended to read:

  3         20.15  Department of Education.--There is created a

  4  Department of Education.

  5         (3)  DIVISIONS.--

  6         (a)  The following divisions of the Department of

  7  Education are established:

  8         (a)1.  Division of Community Colleges.

  9         (b)2.  Division of Public Schools and Community

10  Education.

11         (c)3.  Division of Universities.

12         (d)4.  Division of Workforce Development.

13         (e)5.  Division of Human Resource Development.

14         (f)  Division of Administration.

15         (g)  Division of Financial Services.

16         (h)  Division of Support Services.

17         (b)  The Commissioner of Education is authorized to

18  establish within the Department of Education a Division of

19  Administration.

20         Section 17.  Present subsection (7) of section 231.262,

21  Florida Statutes, is redesignated as subsection (8) and a new

22  subsection (7) is added to that section to read:

23         231.262  Complaints against teachers and

24  administrators; procedure; penalties.--

25         (7)  Violations of the provisions of probation shall

26  result in an order to show cause issued by the Clerk of the

27  Education Practices Commission. Upon failure of the

28  probationer, at the time and place stated in the order, to

29  show cause satisfactorily to the Education Practices

30  Commission why a penalty for violating probation should not be

31  imposed, the Education Practices Commission shall impose

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  1  whatever penalty is appropriate as established in s.

  2  231.28(6). Any probation period will be tolled when an order

  3  to show cause has been issued until the issue is resolved by

  4  the Education Practices Commission.

  5         Section 18.  Subsection (1) of section 231.28, Florida

  6  Statutes, is amended and subsection (6) is added to that

  7  section to read:

  8         231.28  Education Practices Commission; authority to

  9  discipline.--

10         (1)  The Education Practices Commission shall have

11  authority to suspend the teaching certificate of any person as

12  defined in s. 228.041(9) or (10) for a period of time not to

13  exceed 3 years, thereby denying that person the right to teach

14  for that period of time, after which the holder may return to

15  teaching as provided in subsection (4); to revoke the teaching

16  certificate of any person, thereby denying that person the

17  right to teach for a period of time not to exceed 10 years,

18  with reinstatement subject to the provisions of subsection

19  (4); to revoke permanently the teaching certificate of any

20  person; to suspend the teaching certificate, upon order of the

21  court, of any person found to have a delinquent child support

22  obligation; or to impose any other penalty provided by law,

23  provided it can be shown that such person:

24         (a)  Obtained the teaching certificate by fraudulent

25  means;

26         (b)  Has proved to be incompetent to teach or to

27  perform duties as an employee of the public school system or

28  to teach in or to operate a private school;

29         (c)  Has been guilty of gross immorality or an act

30  involving moral turpitude;

31

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  1         (d)  Has had a teaching certificate revoked in another

  2  state;

  3         (e)  Has been convicted of a misdemeanor, felony, or

  4  any other criminal charge, other than a minor traffic

  5  violation;

  6         (f)  Upon investigation, has been found guilty of

  7  personal conduct which seriously reduces that person's

  8  effectiveness as an employee of the school board;

  9         (g)  Has breached a contract, as provided in s.

10  231.36(2);

11         (h)  Has been the subject of a court order directing

12  the Education Practices Commission to suspend the certificate

13  as a result of a delinquent child support obligation;

14         (i)  Has violated the Principles of Professional

15  Conduct for the Education Profession prescribed by State Board

16  of Education rules; or

17         (j)  Has otherwise violated the provisions of law, the

18  penalty for which is the revocation of the teaching

19  certificate; or.

20         (k)  Has violated any order of the Education Practices

21  Commission.

22         (6)  When an individual violates the provisions of a

23  settlement agreement enforced by a final order of the

24  Education Practices Commission an order to show cause may be

25  issued by the Clerk of the Commission. The order shall require

26  the individual to appear before the commission to show cause

27  why further penalties should not be levied against the

28  individual's certificate pursuant to the authority provided to

29  the Education Practices Commission in subsection (1). The

30  Education Practices Commission shall have the authority to

31  fashion further penalties under the authority of subsection

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  1  (1) as deemed appropriate when the show cause order is

  2  responded to by the individual.

  3         Section 19.  Section 231.613, Florida Statutes, is

  4  repealed.

  5         Section 20.  This act shall take effect upon becoming a

  6  law.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                             SB 2258

10

11  Proposed statutory changes that would authorize the "banking"
    of ESOL training hours for purposes of renewing teaching
12  certificates, and the requirement that the State Board of
    Education adopt rules for reviewing and approving school
13  districts' instructional personnel assessment systems have
    been deleted from the committee substitute. These two changes
14  are considered rule reauthorization initiatives and will be
    included in a RAB bill.
15
    The specific amount of $50 per day for teacher stipends is
16  removed from the newly created section of law regarding
    teacher professional development.
17
    Three new divisions would be added to the Department of
18  Education; the Division of Administration, the Division of
    Financial Services, and the Division of Support Services.
19
    The Clerk of the Education Practices Commission would be given
20  authority to issue a show cause order when an educator
    violated conditions of his or her probation or settlement
21  agreement enforced by a final order of the commission.

22

23

24

25

26

27

28

29

30

31

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