CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3389

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Horne moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, between lines 26-27,

15

16  insert:

17         Section 1.  Section 236.08106, Florida Statutes, is

18  created to read:

19         236.08106  Excellent Teaching Program.--

20         (1)  The Legislature recognizes that teachers play a

21  critical role in preparing students to achieve the high levels

22  of academic performance expected by the Sunshine State

23  Standards. The Legislature further recognizes the importance

24  of identifying and rewarding teaching excellence and of

25  encouraging good teachers to become excellent teachers. The

26  Legislature finds that the National Board of Professional

27  Teaching Standards (NBPTS) has established high and rigorous

28  standards for accomplished teaching and has developed a

29  national voluntary system for assessing and certifying

30  teachers who demonstrate teaching excellence by meeting those

31  standards. It is therefore the Legislature's intent to provide

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3389

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 1  incentives for teachers to seek NBPTS certification and to

 2  reward teachers who demonstrate teaching excellence by

 3  attaining NBPTS certification and sharing their expertise with

 4  other teachers.

 5         (2)  The Excellent Teaching Program is created to

 6  provide categorical funding for monetary incentives and

 7  bonuses for teaching excellence. The Department of Education

 8  shall allocate and distribute to each school district an

 9  amount as prescribed annually by the Legislature for the

10  Excellent Teaching Program. Unless otherwise provided in the

11  General Appropriations Act, each school district's annual

12  allocation shall be the sum of the amounts earned for the

13  following incentives and bonuses:

14         (a)  A fee subsidy to be paid by the school district to

15  the NBPTS on behalf of each individual who is an employee of

16  the district school board or a public school within that

17  school district, who is certified by the district to have

18  demonstrated satisfactory teaching performance pursuant to s.

19  231.29 and, who satisfies the prerequisites for participating

20  in the NBPTS certification program, and who agrees, in

21  writing, to pay 10 percent of the NBPTS participation fee and

22  to participate in the NBPTS certification program during the

23  school year for which the fee subsidy is provided. The fee

24  subsidy for each eligible participant shall be an amount equal

25  to 90 percent of the fee charged for participating in the

26  NBPTS certification program, but not more than $1,800 per

27  eligible participant. The fee subsidy is a one-time award and

28  may not be duplicated for any individual.

29         (b)  A portfolio-preparation incentive of $150 for each

30  teacher employed by the district school board or a public

31  school within the district who is participating in the NBPTS

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3389

    Amendment No.    





 1  certification program. The portfolio-preparation incentive is

 2  a one-time award paid during the school year for which the

 3  NBPTS fee subsidy is provided.

 4         (c)  An annual bonus equal to 10 percent of the prior

 5  fiscal year's statewide average salary for classroom teachers

 6  to be paid to each individual who holds NBPTS certification

 7  and is employed by the district school board or by a public

 8  school within that school district. The district school board

 9  shall distribute the annual bonus to each individual who meets

10  the requirements of this paragraph and who is certified

11  annually by the district to have demonstrated satisfactory

12  teaching performance pursuant to s. 231.29. The annual bonus

13  may be paid as a single payment or divided into not more than

14  three payments.

15         (d)  An annual bonus equal to 10 percent of the prior

16  fiscal year's statewide average salary for classroom teachers

17  to be paid to each individual who meets the requirements of

18  paragraph (c) and agrees, in writing, to provide the

19  equivalent of 12 workdays of mentoring and related services to

20  public school teachers within the district who do not hold

21  NBPTS certification. The district school board shall

22  distribute the annual bonus in a single payment following the

23  completion of all required mentoring and related services for

24  the year. It is not the intent of the Legislature to remove

25  excellent teachers from their assigned classrooms, therefore,

26  credit may not be granted by a school district or public

27  school for mentoring or related services provided during the

28  regular school day or during the 196 days of required service

29  for the school year.

30         (e)  The district shall receive an amount equal to 50

31  percent of the teacher bonuses provided under paragraph (c)

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3389

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 1  and (d), which shall be used by the district for professional

 2  development of teachers. The district must give priority to

 3  using all funds received pursuant to this paragraph for

 4  professional development of teachers employed at schools

 5  identified as performing at critically low levels.

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 7  A teacher for whom the state pays the certification fee and

 8  who does not complete the certification program or does not

 9  teach in a public school of this state for a least 1 year

10  after completing the certification program must repay the

11  amount of the certification fee to the state. However, a

12  teacher who completes the certification program but fails to

13  be awarded NBPTS certification is not required to repay the

14  amount of the certification fee if the teacher meets the

15  1-year teaching requirement. Repayment is not required of a

16  teacher who does not complete the certification program or

17  fails to fulfill the teaching requirement because of the

18  teacher's death or disability or because of other extenuating

19  circumstances as determined by the State Board of Education.

20         Section 2.  Paragraph (a) of subsection (5) of section

21  236.081, Florida Statutes, as amended by chapter 97-380, Laws

22  of Florida, is amended to read:

23         236.081  Funds for operation of schools.--If the annual

24  allocation from the Florida Education Finance Program to each

25  district for operation of schools is not determined in the

26  annual appropriations act or the substantive bill implementing

27  the annual appropriations act, it shall be determined as

28  follows:

29         (5)  CATEGORICAL PROGRAMS.--The Legislature hereby

30  provides for the establishment of selected categorical

31  programs to assist in the development and maintenance of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3389

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 1  activities giving indirect support to the programs previously

 2  funded.  These categorical appropriations may be funded as

 3  general and transitional categorical programs.  It is the

 4  intent of the Legislature that no transitional categorical

 5  program be funded for more than 4 fiscal years from the date

 6  of original authorization. Such programs are as follows:

 7         (a)  General.--

 8         1.  Comprehensive school construction and debt service

 9  as provided by law.

10         2.  Community schools as provided by law.

11         3.  School lunch programs as provided by law.

12         4.  Instructional material funds as provided by law.

13         5.  Student transportation as provided by law.

14         6.  Student development services as provided by law.

15         7.  Diagnostic and learning resource centers as

16  provided by law.

17         8.  Comprehensive health education as provided by law.

18         9.  Excellent Teaching Program as provided by law.

19         (b)  Transitional.--

20         1.  Bilingual program as provided by law.

21         Section 3.  Section 231.173, Florida Statutes, is

22  amended to read:

23         231.173  Successful experienced out-of-state teachers

24  and administrators.--

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

26  231.15, and 231.17, and 231.172 or any other provision of law

27  or rule to the contrary, a successful, experienced, and

28  certified out-of-state teacher or administrator qualifies

29  employed in a public school or nonpublic school in this state

30  may qualify for a professional certificate if the applicant:

31         (a)(1)  Completes the application process, including

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 1  the filing of a complete set of fingerprints as required by s.

 2  231.02.

 3         (b)(2)  Holds a valid standard certificate issued by

 4  the state where the applicant most recently taught, which

 5  standard certificate is equivalent to the professional

 6  certificate issued by this state and for which specialization

 7  coverage is based on a level of training comparable to that

 8  required in this state for the specialization coverage sought

 9  by the applicant applicant's area of assignment.

10         (c)(3)  Documents 5 years of appropriate successful

11  full-time teaching or administrative experience in another

12  state, including 2 continuous years during the 5-year period

13  immediately preceding the date of application for

14  certification.

15         (2)  An out-of-state applicant qualifies for a

16  professional certificate if the applicant meets the

17  requirements of paragraphs (1)(a) and (b) and holds a valid

18  certificate issued by the National Board of Professional

19  Teaching Standards.

20         (4)  Submits a request for issuance of the professional

21  certificate from the superintendent of the employing school

22  district or governing authority of the employing developmental

23  research school, state-supported school, or nonpublic school

24  within the first 120 days of assignment with validation of

25  awareness of the standards of professional practice.

26         (3)(5)  The professional certificate issued in

27  accordance with subsection (1) these provisions shall reflect

28  specialization coverages as follows:

29         (a)  Teachers.--An applicant A teacher appointed to an

30  academic assignment shall be eligible for the academic

31  coverage in an area in which the teacher is assigned to teach

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 1  in a public school or nonpublic school in this state or in the

 2  area of the applicant's certification by the National Board of

 3  Professional Teaching Standards.

 4         (b)  Principals.--An individual appointed as an intern

 5  or interim principal of a public or nonpublic K-12 school in

 6  this state shall be eligible for the educational leadership

 7  coverage.

 8         (c)  Administrators of adult education.--An individual

 9  appointed as an administrator of an adult education program at

10  a public or nonpublic school in this state shall be eligible

11  for the administration of adult education coverage.

12         (d)  Directors of career education.--An individual

13  appointed as a director of career education at a public or

14  nonpublic school in this state shall be eligible for the

15  director of career education coverage.

16         Section 4.  Subsection (2) and paragraph (b) of

17  subsection (3) of section 231.24, Florida Statutes, are

18  amended to read:

19         231.24  Process for renewal of professional

20  certificates.--

21         (2)  All professional certificates, except a

22  nonrenewable professional certificate, shall be renewable for

23  successive periods not to exceed 5 years after the date of

24  submission of documentation of completion of the requirements

25  for renewal provided in subsection (3). Only one renewal may

26  be granted during each 5-year validity period of a

27  professional certificate, except that a teacher with national

28  certification from the National Board for Professional

29  Teaching Standards is deemed to meet state renewal

30  requirements for the life of the teacher's national

31  certificate. However, if the renewal application form is not

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 1  received by the department or by the employing school district

 2  before the expiration of the professional certificate, the

 3  application form, application fee, and a late fee must be

 4  submitted before July 1 of the year following expiration of

 5  the certificate in order to renew the professional

 6  certificate. The state board shall adopt rules to allow a

 7  1-year extension of the validity period of a professional

 8  certificate in the event of serious illness, injury, or other

 9  extraordinary extenuating circumstances of the applicant. The

10  department shall grant such 1-year extension upon written

11  request by the applicant or by the superintendent of the local

12  school district or the governing authority of a developmental

13  research school, state-supported school, or nonpublic school

14  that employs the applicant.

15         (3)  For the renewal of a professional certificate, the

16  following requirements must be met:

17         (b)  In lieu of college course credit or inservice

18  points, the applicant may renew a specialization area by

19  passage of a state board approved subject area test, by

20  completion of the national certification from the National

21  Board for Professional Teaching Standards in that

22  specialization area, or by completion of a department approved

23  summer work program in a business or industry directly related

24  to an area of specialization listed on the certificate. The

25  state board shall adopt rules providing for the approval

26  procedure.

27         Section 5.  Subsection (1) of section 110.1099, Florida

28  Statutes, is amended to read:

29         110.1099  Education and training opportunities for

30  state employees.--

31         (1)  Education and training are an integral component

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 1  in improving the delivery of services to the public.

 2  Recognizing that the application of productivity-enhancing

 3  technology and practice demand continuous educational and

 4  training opportunities, state employees may be authorized to

 5  receive fundable tuition waivers on a space-available basis or

 6  vouchers to attend work-related courses at public

 7  universities. Student credit hours generated by state employee

 8  fee waivers shall be fundable credit hours.

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10  (Redesignate subsequent sections.)

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12

13  ================ T I T L E   A M E N D M E N T ===============

14  And the title is amended as follows:

15         On page 1,

16         Delete everything before the enacting clause

17

18  and insert:

19         An act relating to education; creating s.

20         236.08106, F.S., relating to the Excellent

21         Teaching Program; providing legislative

22         findings and intent; authorizing monetary

23         incentives and bonuses for teaching excellence;

24         providing for annual allocations to districts;

25         providing fee subsidies and conditions for

26         repayment of subsidies for participating in the

27         certification program of the National Board of

28         Professional Teaching Standards; requiring the

29         distribution of certain monetary bonuses to

30         teachers; providing eligibility criteria;

31         requiring release time for certain activities;

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                                                  SENATE AMENDMENT

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 1         requiring certain district expenditures for

 2         professional development of teachers; amending

 3         s. 236.081, F.S.; authorizing categorical

 4         funding for the Excellent Teaching Program;

 5         amending s. 231.173, F.S., relating to

 6         certification of experienced out-of-state

 7         teachers and administrators; deleting a

 8         requirement for superintendents to request

 9         certification; providing for issuance of a

10         professional certificate to individuals

11         certified by the National Board of Professional

12         Teaching Standards; conforming provisions;

13         amending s. 231.24, F.S.; authorizing renewal

14         of certificates through national certification;

15         amending s. 110.1099, F.S.; clarifying

16         description of tuition waivers; amending s.

17         246.021, F.S.; clarifying the definition of the

18         term "college"; amending s. 246.031, F.S.;

19         revising requirements relating to members of

20         the State Board of Independent Colleges and

21         Universities; amending s. 246.041, F.S.;

22         revising powers and duties of the board;

23         deleting or correcting obsolete references;

24         amending s. 246.084, F.S., relating to colleges

25         receiving an authorization; revising certain

26         requirements; providing for exemption from

27         certain requirements; revising provisions

28         relating to oversight of the review and

29         collection of data for purposes of determining

30         compliance; amending s. 246.085, F.S.; revising

31         provisions relating to issuance of a

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 1         certificate of exemption; amending s. 246.101,

 2         F.S., to conform; amending 246.121, F.S.;

 3         correcting obsolete references; amending s.

 4         246.31, F.S., relating to the Institutional

 5         Assessment Trust Fund; conforming provisions;

 6         providing an effective date.

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