Senate Bill 2258c2

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    Florida Senate - 1998                    CS for CS for SB 2258

    By the Committees on Ways and Means; Education; and Senator
    Cowin




    301-2240-98

  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; amending s.

16         231.261, F.S.; providing rulemaking authority

17         of the Education Practices Commission; amending

18         s. 231.263, F.S.; clarifying provisions

19         relating to the recovery network program for

20         educators; amending s. 231.47, F.S.; conforming

21         a cross-reference; amending s. 231.546, F.S.,

22         relating to the Education Standards Commission;

23         deleting duties relating to teacher education

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

25         requirements of the school district

26         professional development system; creating s.

27         231.6002, F.S.; requiring school districts to

28         develop professional development plans;

29         providing for stipends and funding; providing

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

31         provisions relating to teacher education center

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

  2         provisions relating to a teacher referral and

  3         recruitment center; requiring establishment of

  4         a teacher recruitment and retention services

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

  6         provisions relating to the Christa McAuliffe

  7         Ambassador for Education Program; creating s.

  8         231.63, F.S.; creating the Florida Educator

  9         Hall of Fame; providing for nominations,

10         recommendations, and selection of members;

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

12         divisions of the Department of Education;

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

14         show-cause process for violations of probation

15         imposed by the Education Practices Commission;

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

17         show-cause process for violation of an order of

18         the Education Practices Commission; providing

19         authority for additional penalties; amending s.

20         236.081, F.S.; providing for a supplemental

21         capping calculation for those districts whose

22         weighted FTE enrollment is over the weighted

23         FTE ceiling established in the annual

24         appropriations act; providing a procedure for

25         such calculation; repealing s. 236.081(8),

26         F.S., which provides for a caps adjustment

27         supplement for group 2 programs when there are

28         funds remaining in the Florida Education

29         Finance Program appropriation; amending s.

30         236.25, F.S.; conforming a cross-reference;

31         amending s. 229.57, F.S.; authorizing the

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  1         Commissioner of Education to establish criteria

  2         for exempting a student from taking certain

  3         parts of the high school competency test;

  4         repealing s. 231.613, F.S., relating to

  5         inservice training institutes; providing an

  6         effective date.

  7

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

  9

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

11  Statutes, is amended to read:

12         231.02  Qualifications of personnel.--

13         (2)(a)  Instructional and noninstructional personnel

14  who are hired to fill positions requiring direct contact with

15  students in any district school system or laboratory school

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

17  taken by an authorized law enforcement officer or an employee

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

19  These fingerprints shall be submitted to the Department of Law

20  Enforcement for state processing and to the Federal Bureau of

21  Investigation for federal processing. School districts which

22  have authorized terminal access to the Florida Crimes

23  Information Telecommunications Network or the National Crime

24  Information Center may use this equipment for the background

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

26  on probationary status pending fingerprint processing and

27  determination of compliance with standards of good moral

28  character.  Employees found through fingerprint processing to

29  have been convicted of a crime involving moral turpitude shall

30  not be employed in any position requiring direct contact with

31  students.  Probationary employees terminated because of their

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

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

  3  school board or the employee.

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

  5  1, 1997, for personnel currently required to be certified

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

  7  currently employed by any district school system or any other

  8  public school who have not been fingerprinted and screened in

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

10  complete set of fingerprints taken by an authorized law

11  enforcement officer or an employee of the school or district

12  who is trained to take fingerprints.  The fingerprints shall

13  be submitted to the Department of Law Enforcement for state

14  processing and the Federal Bureau of Investigation for federal

15  processing. School districts which have authorized terminal

16  access to the Florida Crimes Telecommunications Network or the

17  National Crime Information Center may use that equipment for

18  the background check required by this paragraph. Employees

19  found through fingerprint processing to have been convicted of

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

21  position requiring direct contact with students.  The cost of

22  the fingerprint processing may be borne by the school district

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

24  Any additional cost shall be borne by the Department of

25  Education. Each local school board and laboratory school shall

26  develop policies necessary for the implementation of this

27  subsection. The Commissioner of Education shall provide

28  guidelines regarding standards of good moral character for use

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

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

31  been convicted of a crime involving moral turpitude.

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

  2  screened pursuant to this subsection and who have not been

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

  4  refingerprinted or rescreened in order to comply with the

  5  requirements of this subsection.

  6         Section 2.  Section 231.096, Florida Statutes, is

  7  amended to read:

  8         231.096  Teacher teaching out-of-field;

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

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

11  in professional development activities shall be given to

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

13  institutes.  A district may include in its annual summer

14  inservice institute plan a section that provides for

15  institutes in instructional areas identified as district

16  critical teacher shortage areas and approved by the Department

17  of Education.

18         Section 3.  Section 231.15, Florida Statutes, is

19  amended to read:

20         231.15  Positions for which certificates required.--

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

22  to classify school services, designate the certification

23  subject areas, establish competencies and certification

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

25  rules in accordance with which the professional, temporary,

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

27  of Education to applicants school employees who meet the

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

29  Each person employed or occupying a position as school

30  supervisor, principal, teacher, library media specialist,

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

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  1  the employee serves in an instructional capacity, in any

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

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

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

  5  rendered.  However, the state board shall adopt rules

  6  authorizing school boards to employ selected noncertificated

  7  personnel to provide instructional services in the

  8  individuals' fields of specialty or to assist instructional

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

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

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

12  temporary, or professional certificate. Each person employed

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

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

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

16  provisions of this subsection shall not apply to any athletic

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

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

19  state.

20         (2)  A commissioned or noncommissioned military officer

21  who is an instructor of junior reserve officer training shall

22  be exempt from requirements for teacher certification, except

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

24  if he or she meets the following qualifications:

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

26  20 years of service and draws retirement pay or is retired, or

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

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

29         (b)  Satisfies criteria established by the appropriate

30  military service for certification by the service as a junior

31  reserve officer training instructor.

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  1         (c)  Has an exemplary military record.

  2

  3  If such instructor is assigned instructional duties other than

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

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

  6  the type of service rendered.

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

  8  231.17, Florida Statutes, is amended to read:

  9         231.17  Official statements of eligibility and

10  certificates granted on application to those meeting

11  prescribed requirements.--

12         (3)  TEMPORARY CERTIFICATE.--

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

14  applicant must:

15         1.  File a written statement under oath that the

16  applicant subscribes to and will uphold the principles

17  incorporated in the Constitutions of the United States and of

18  the State of Florida.

19         2.  Be at least 18 years of age.

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

21  from an accredited institution of higher learning, as defined

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

23  created Florida state institution that is part of the State

24  University System shall be considered as granted by an

25  accredited institution of higher learning during the first 2

26  years of course offerings while accreditation is gained.

27  Degrees from foreign institutions, or degrees from other

28  institutions of higher learning that are in the accreditation

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

30  board rule. Once accreditation is gained, the institution

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

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

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

  3  the State Board of Education as nondegreed areas. Each

  4  applicant seeking initial certification must have attained at

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

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

  7  the required education by submitting official transcripts from

  8  institutions of higher education or by authorizing the direct

  9  submission of such official transcripts through established

10  electronic network systems.

11         4.  Meet such academic and professional requirements

12  based on credentials certified by standard institutions of

13  higher learning, including any institutions of higher learning

14  in this state accredited by an accrediting association that is

15  a member of the Commission on Recognition of Postsecondary

16  Accreditation, as prescribed by the state board.

17         4.5.  Be competent and capable of performing the

18  duties, functions, and responsibilities of a teacher.

19         5.6.  Be of good moral character.

20

21  Rules adopted pursuant to this section shall provide for the

22  review and acceptance of credentials from foreign institutions

23  of higher learning.

24         Section 5.  Section 231.1725, Florida Statutes, is

25  amended to read:

26         231.1725  Employment of substitute teachers, teachers

27  of adult education, and nondegreed teachers of career

28  education; students performing clinical field experience, and

29  noncertificated teachers in critical teacher shortage areas.--

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

31  231.15, and 231.17, and 231.172 or any other provision of law

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

  2  minimal qualifications for:

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

  4  231.47. The qualifications shall require the filing of a

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

  6  s. 231.02.

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

  8  education programs. The qualifications shall require the

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

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

11  postsecondary instruction may be exempted from this

12  requirement.

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

14  vocational programs. Qualifications shall be established for

15  agriculture, business, health occupations, family and consumer

16  sciences, industrial, marketing, and public service education

17  teachers, based primarily on successful occupational

18  experience rather than academic training. The qualifications

19  for such teachers shall require:

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

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

22  to conduct postsecondary instruction may be exempted from this

23  requirement.

24         2.  Documentation of education and successful

25  occupational experience including documentation of:

26         a.  A high school diploma or the equivalent.

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

28  occupational experience or the equivalent of part-time

29  experience in the teaching specialization area. Alternate

30  means of determining successful occupational experience may be

31  established by the school board.

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  1         c.  Completion of career education training conducted

  2  through the local school district inservice master plan.

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

  4  education training in teaching methods, course construction,

  5  lesson planning and evaluation, and teaching special needs

  6  students. This training may be completed through coursework

  7  from a standard institution or an approved district teacher

  8  education program.

  9         e.  Demonstration of successful teaching performance.

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

11  in critical teacher shortage areas. The qualifications shall

12  require the filing of fingerprints in the same manner as

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

14  in the essential generic and specialization competencies of

15  the instructional assignment. The school board shall be

16  responsible for determining critical teacher shortage areas

17  within the school district. Each school board shall annually

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

19  all noncertificated teachers employed pursuant to this

20  paragraph during each school year.

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

22  education teachers and noncertificated teachers in critical

23  teacher shortage areas who are employed pursuant to this

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

25  certified teachers.

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

27  231.261, Florida Statutes, is amended to read:

28         231.261  Education Practices Commission;

29  organization.--

30         (7)  The duties and responsibilities of the commission

31  are to:

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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.  Subsection (8) of section 236.081, Florida

  4  Statutes, is repealed, and paragraph (d) of subsection (1),

  5  paragraphs (a) and (b) of subsection (4), subsection (9), and

  6  paragraph (a) of subsection (10) of that section, as amended

  7  by chapter 97-380, Laws of Florida, are amended to read:

  8         236.081  Funds for operation of schools.--If the annual

  9  allocation from the Florida Education Finance Program to each

10  district for operation of schools is not determined in the

11  annual appropriations act or the substantive bill implementing

12  the annual appropriations act, it shall be determined as

13  follows:

14         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

15  OPERATION.--The following procedure shall be followed in

16  determining the annual allocation to each district for

17  operation:

18         (d)  Annual allocation calculation.--

19         1.  The Department of Education is authorized and

20  directed to review all district programs and enrollment

21  projections and calculate a maximum total weighted full-time

22  equivalent student enrollment for each district for the K-12

23  FEFP.

24         2.  Maximum enrollments calculated by the department

25  shall be derived from enrollment estimates used by the

26  Legislature to calculate the FEFP.  If two or more districts

27  enter into an agreement under the provisions of s.

28  230.23(4)(d), after the final enrollment estimate is agreed

29  upon, the amount of FTE specified in the agreement, not to

30  exceed the estimate for the specific program as identified in

31

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  1  paragraph (c), may be transferred from the participating

  2  districts to the district providing the program.

  3         3.  As part of its calculation of each district's

  4  maximum total weighted full-time equivalent student

  5  enrollment, the department shall establish separate enrollment

  6  ceilings for each of two program groups. Group 1 shall be

  7  composed of grades K-3, grades 4-8, and grades 9-12. Group 2

  8  shall be composed of students in exceptional student education

  9  programs, students-at-risk programs, all basic programs other

10  than the programs in group 1, and all vocational programs in

11  grades 7-12.

12         a.  The weighted enrollment ceiling for group 2

13  programs shall be calculated by multiplying the final

14  enrollment conference estimate for each program by the

15  appropriate program weight.  The weighted enrollment ceiling

16  for program group 2 shall be the sum of the weighted

17  enrollment ceilings for each program in the program group,

18  plus the increase in weighted full-time equivalent student

19  membership from the prior year for clients of the Department

20  of Children and Family Services and the Department of Juvenile

21  Justice.

22         b.  If, for any calculation of the FEFP, the weighted

23  enrollment for program group 2, derived by multiplying actual

24  enrollments by appropriate program weights, exceeds the

25  enrollment ceiling for that group, the following procedure

26  shall be followed to reduce the weighted enrollment for that

27  group to equal the enrollment ceiling:

28         (I)  The weighted enrollment ceiling for each program

29  in the program group shall be subtracted from the weighted

30  enrollment for that program derived from actual enrollments.

31

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  1         (II)  If the difference calculated under

  2  sub-sub-subparagraph (I) is greater than zero for any program,

  3  a reduction proportion shall be computed for the program by

  4  dividing the absolute value of the difference by the total

  5  amount by which the weighted enrollment for the program group

  6  exceeds the weighted enrollment ceiling for the program group.

  7         (III)  The reduction proportion calculated under

  8  sub-sub-subparagraph (II) shall be multiplied by the total

  9  amount of the program group's enrollment over the ceiling as

10  calculated under sub-sub-subparagraph (I).

11         (IV)  The prorated reduction amount calculated under

12  sub-sub-subparagraph (III) shall be subtracted from the

13  program's weighted enrollment.  For any calculation of the

14  FEFP, the enrollment ceiling for group 1 shall be calculated

15  by multiplying the actual enrollment for each program in the

16  program group by its appropriate program weight.

17         c.  For program group 2, the weighted enrollment

18  ceiling shall be a number not less than the sum obtained by:

19         (I)  Multiplying the sum of reported FTE for all

20  programs in the program group that have a cost factor of 1.0

21  or more by 1.0, and

22         (II)  By adding this number to the sum obtained by

23  multiplying the projected FTE for all programs with a cost

24  factor less than 1.0 by the actual cost factor.

25         4.  Following completion of the weighted enrollment

26  ceiling calculation as provided in subparagraph 3., a

27  supplemental capping calculation shall be employed for those

28  districts that are over their weighted enrollment ceiling. For

29  each such district, the total reported unweighted FTE

30  enrollment for group 2 programs shall be compared with the

31  total appropriated unweighted FTE enrollment for group 2

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  1  programs. If the total reported unweighted FTE for group 2 is

  2  greater than the appropriated unweighted FTE, then the excess

  3  unweighted FTE up to the unweighted FTE transferred from group

  4  2 to group 1 for each district by the Public School FTE

  5  Estimating Conference shall be funded at a weight of 1.0 and

  6  added to the funded weighted FTE computed in subparagraph 3.

  7  This adjustment shall be calculated beginning with the third

  8  calculation of the 1998-1999 FEFP.

  9         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL

10  EFFORT.--The Legislature shall prescribe the aggregate

11  required local effort for all school districts collectively as

12  an item in the General Appropriations Act for each fiscal

13  year. The amount that each district shall provide annually

14  toward the cost of the Florida Education Finance Program for

15  kindergarten through grade 12 programs shall be calculated as

16  follows:

17         (a)  Estimated taxable value calculations.--

18         1.a.  Not later than 2 working days prior to July 19,

19  the Department of Revenue shall certify to the Commissioner of

20  Education its most recent estimate of the taxable value for

21  school purposes in each school district and the total for all

22  school districts in the state for the current calendar year

23  based on the latest available data obtained from the local

24  property appraisers. Not later than July 19, the commissioner

25  shall compute a millage rate, rounded to the next highest one

26  one-thousandth of a mill, which, when applied to 95 percent of

27  the estimated state total taxable value for school purposes,

28  would generate the prescribed aggregate required local effort

29  for that year for all districts. The commissioner shall

30  certify to each district school board the millage rate,

31  computed as prescribed in this subparagraph, as the minimum

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  1  millage rate necessary to provide the district required local

  2  effort for that year.

  3         b.  For the 1997-1998 fiscal year only, the General

  4  Appropriations Act may direct the computation of the statewide

  5  adjusted aggregate amount for required local effort for all

  6  school districts collectively from ad valorem taxes to ensure

  7  that no school district's revenue from required local effort

  8  millage will produce more than 90 percent of the district's

  9  total Florida Education Finance Program calculation, and the

10  adjustment of the required local effort millage rate of each

11  district that produces more than 90 percent of its total

12  Florida Education Finance Program entitlement to a level that

13  will produce only 90 percent of its total Florida Education

14  Finance Program entitlement.  This sub-subparagraph is

15  repealed on July 1, 1998, unless enacted in other legislation.

16         2.  As revised data are received from property

17  appraisers, the Department of Revenue shall amend the

18  certification of the estimate of the taxable value for school

19  purposes.  The Commissioner of Education, in administering the

20  provisions of subparagraph (9)(10)(a)2., shall use the most

21  recent taxable value for the appropriate year.

22         (b)  Final calculation.--

23         1.  The Department of Revenue shall, upon receipt of

24  the official final assessed value of property from each of the

25  property appraisers, certify to the commissioner the taxable

26  value total for school purposes in each school district,

27  subject to the provisions of paragraph (d). The commissioner

28  shall use the official final taxable value for school purposes

29  for each school district in the final calculation of the

30  annual K-12 Florida Education Finance Program allocations.

31

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  1         2.  For the purposes of this paragraph, the official

  2  final taxable value for school purposes shall be the taxable

  3  value for school purposes on which the tax bills are computed

  4  and mailed to the taxpayers, adjusted to reflect final

  5  administrative actions of value adjustment boards and judicial

  6  decisions pursuant to part I of chapter 194. By September 1 of

  7  each year, the Department of Revenue shall certify to the

  8  commissioner the official prior year final taxable value for

  9  school purposes. For each county that has not submitted a

10  revised tax roll reflecting final value adjustment board

11  actions and final judicial decisions, the Department of

12  Revenue shall certify the most recent revision of the official

13  taxable value for school purposes. The certified value shall

14  be the final taxable value for school purposes and no further

15  adjustments shall be made, except those made pursuant to

16  subparagraph (9)(10)(a)2.

17         (8)(9)  QUALITY ASSURANCE GUARANTEE.--The Legislature

18  may annually in the General Appropriations Act determine a

19  percentage increase in funds per K-12 weighted FTE as a

20  minimum guarantee to each school district. The guarantee shall

21  be calculated from prior year base funding per weighted FTE

22  student which shall include the adjusted FTE dollars as

23  provided in subsection (9)(10), quality guarantee funds, and

24  actual nonvoted discretionary local effort from taxes. From

25  the base funding per weighted FTE, the increase shall be

26  calculated for the current year. The current year funds from

27  which the guarantee shall be determined shall include the

28  adjusted FTE dollars as provided in subsection (9)(10) and

29  potential nonvoted discretionary local effort from taxes. A

30  comparison of current year funds per weighted FTE to prior

31  year funds per weighted FTE shall be computed. For those

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  1  school districts which have less than the legislatively

  2  assigned percentage increase, funds shall be provided to

  3  guarantee the assigned percentage increase in funds per

  4  weighted FTE student. Should appropriated funds be less than

  5  the sum of this calculated amount for all districts, the

  6  commissioner shall prorate each district's allocation. This

  7  provision shall be implemented to the extent specifically

  8  funded.

  9         (9)(10)  TOTAL ALLOCATION OF STATE FUNDS TO EACH

10  DISTRICT FOR CURRENT OPERATION.--The total annual state

11  allocation to each district for current operation for the K-12

12  FEFP shall be distributed periodically in the manner

13  prescribed in the General Appropriations Act.

14         (a)  The basic amount for current operation for the

15  K-12 FEFP as determined in subsection (1), multiplied by the

16  district cost differential factor as determined in subsection

17  (2), plus the amount for the sparsity supplement as determined

18  in subsection (6), the decline in full-time equivalent

19  students as determined in subsection (7), and the quality

20  assurance guarantee as determined in subsection (8)(9), less

21  the required local effort as determined in subsection (4). If

22  the funds appropriated for the purpose of funding the total

23  amount for current operation as provided in this paragraph are

24  not sufficient to pay the state requirement in full, the

25  department shall prorate the available state funds to each

26  district in the following manner:

27         1.  Determine the percentage of proration by dividing

28  the sum of the total amount for current operation, as provided

29  in this paragraph for all districts collectively, and the

30  total district required local effort into the sum of the state

31

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  1  funds available for current operation and the total district

  2  required local effort.

  3         2.  Multiply the percentage so determined by the sum of

  4  the total amount for current operation as provided in this

  5  paragraph and the required local effort for each individual

  6  district.

  7         3.  From the product of such multiplication, subtract

  8  the required local effort of each district; and the remainder

  9  shall be the amount of state funds allocated to the district

10  for current operation.

11         Section 20.  Subsection (1) of section 236.25, Florida

12  Statutes, is amended to read:

13         236.25  District school tax.--

14         (1)  If the district school tax is not provided in the

15  General Appropriations Act or the substantive bill

16  implementing the General Appropriations Act, each school board

17  desiring to participate in the state allocation of funds for

18  current operation as prescribed by s. 236.081(9)(10) shall

19  levy on the taxable value for school purposes of the district,

20  exclusive of millage voted under the provisions of s. 9(b) or

21  s. 12, Art. VII of the State Constitution, a millage rate not

22  to exceed the amount certified by the commissioner as the

23  minimum millage rate necessary to provide the district

24  required local effort for the current year, pursuant to s.

25  236.081(4)(a)1. In addition to the required local effort

26  millage levy, each school board may levy a nonvoted current

27  operating discretionary millage. The Legislature shall

28  prescribe annually in the appropriations act the maximum

29  amount of millage a district may levy. The millage rate

30  prescribed shall exceed zero mills but shall not exceed the

31  lesser of 1.6 mills or 25 percent of the millage which is

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  1  required pursuant to s. 236.081(4), exclusive of millage

  2  levied pursuant to subsection (2).

  3         Section 21.  Paragraph (c) of subsection (3) of section

  4  229.57, Florida Statutes, is amended to read:

  5         229.57  Student assessment program.--

  6         (3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner is

  7  directed to design and implement a statewide program of

  8  educational assessment that provides information for the

  9  improvement of the operation and management of the public

10  schools. The program must be designed, as far as possible, so

11  as not to conflict with ongoing district assessment programs

12  and so as to use information obtained from district programs.

13  Pursuant to the statewide assessment program, the commissioner

14  shall:

15         (c)  Develop and implement a student achievement

16  testing program as part of the statewide assessment program,

17  to be administered at designated times at the elementary,

18  middle, and high school levels to measure reading, writing,

19  and mathematics.  The testing program must be designed so

20  that:

21         1.  The tests measure student skills and competencies

22  adopted by the state board as specified in paragraph (a).  The

23  tests must measure and report student proficiency levels in

24  reading, writing, and mathematics.  Other content areas may be

25  included as directed by the commissioner.  The commissioner

26  shall provide for the tests to be developed or obtained, as

27  appropriate, through contracts and project agreements with

28  private vendors, public vendors, public agencies,

29  postsecondary institutions, or school districts.  The

30  commissioner shall obtain input with respect to the design and

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  1  implementation of the testing program from state educators and

  2  the public.

  3         2.  The tests are criterion-referenced and include, to

  4  the extent determined by the commissioner, items that require

  5  the student to produce information or perform tasks in such a

  6  way that the skills and competencies he or she uses can be

  7  measured.

  8         3.  Each testing program, whether at the elementary,

  9  middle, or high school level, includes a test of writing in

10  which students are required to produce writings which are then

11  scored by appropriate methods.

12         4.  A score is designated for each subject area tested,

13  below which score a student's performance is deemed

14  inadequate.  The school districts shall provide appropriate

15  remedial instruction to students who score below these levels.

16         5.  All 11th grade students take a high school

17  competency test developed by the state board to test minimum

18  student performance skills and competencies in reading,

19  writing, and mathematics. The test must be based on the skills

20  and competencies adopted by the state board pursuant to

21  paragraph (a). Upon recommendation of the commissioner, the

22  state board shall designate a passing score for each part of

23  the high school competency test. In establishing passing

24  scores, the state board shall consider any possible negative

25  impact of the test on minority students. The commissioner may

26  establish criteria whereby a student who successfully

27  demonstrates proficiency in either reading or mathematics or

28  both may be exempted from taking the corresponding section of

29  the high school competency test or the college placement test.

30  A student must earn a passing score or have been exempted from

31  on each part of the high school competency test in order taken

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  1  to qualify for a regular high school diploma. The school

  2  districts shall provide appropriate remedial instruction to

  3  students who do not pass part of the competency test.

  4         6.  Participation in the testing program is mandatory

  5  for all students, except as otherwise prescribed by the

  6  commissioner.  The commissioner shall recommend rules to the

  7  state board for the provision of test adaptations and

  8  modifications of procedures as necessary for students in

  9  exceptional education programs and for students who have

10  limited English proficiency.

11         7.  A student seeking an adult high school diploma must

12  meet the same testing requirements that a regular high school

13  student must meet.

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15  The commissioner may design and implement student testing

16  programs for any grade level and subject area, based on

17  procedures designated by the commissioner to monitor

18  educational achievement in the state.

19         Section 22.  Section 231.613, Florida Statutes, is

20  repealed.

21         Section 23.  This act shall take effect upon becoming a

22  law.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 2258

  3

  4  Proposed statutory changes would repeal subsection (8) of
    section 236.081, which is the caps adjustment supplement of
  5  the Florida Education Finance Program (FEFP) and would amend
    s. 236.081(1)(d) of the Florida Statutes, which defines the
  6  calculation of maximum student enrollments for the FEFP, by
    adding a supplemental calculation for those districts that are
  7  over their weighted enrollment ceiling.  If the total
    unweighted enrollment for all Group 2 programs that a district
  8  reports for funding is greater than the district's projected
    Group 2 enrollment used to calculate that district's
  9  enrollment ceiling, the amount of the reported enrollment
    above the enrollment ceiling would be funded at a weight of
10  1.0.  The maximum full-time-equivalent (FTE) student
    enrollment funded at the weight of 1.0 would be limited to the
11  number of FTE students moved from Group 2 to Group 1 by the
    membership of the Enrollment Estimating Conference to
12  implement a policy limiting districts' Group 2 enrollment
    requests for 1998-99 to a level that would maintain the ratio
13  of weighted to unweighted students for which the district was
    funded in 1997-98.
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    The Commissioner of Education would be authorized to establish
15  criteria that would allow students who had sucessfully
    demonstrated proficiency in reading and mathematics on the
16  Florida Comprehensive Assessment Test (FCAT), or by some other
    measure, to be exempted from taking the coresponding section
17  of the high school competency test of the college placement
    test when it is administered to high school students.
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