House Bill 3939
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
By Representative Murman
1 A bill to be entitled
2 An act relating to education; amending s.
3 24.121, F.S.; deleting obsolete language
4 relating to the release of lottery funds to
5 school districts; amending s. 229.58, F.S.;
6 revising provisions relating to membership of
7 school advisory councils; amending s. 230.23,
8 F.S., relating to school improvement and
9 accountability; requiring school board approval
10 of school improvement plans by August 15
11 annually; amending s. 231.02, F.S., relating to
12 qualifications of district school system
13 personnel; deleting certain provisions relating
14 to background check; amending s. 231.096, F.S.;
15 revising provisions relating to teaching
16 out-of-field; amending s. 231.15, F.S.;
17 providing State Board of Education duties
18 relating to teacher certification; amending s.
19 231.17, F.S.; revising provisions relating to
20 qualification for a temporary certificate;
21 providing certain decisionmaking authority of
22 the Commissioner of Education; amending s.
23 231.1725, F.S.; deleting provisions relating to
24 employment of noncertificated teachers in
25 critical teacher shortage areas; providing for
26 protection of laws for students performing
27 clinical field experience; amending s. 231.24,
28 F.S.; providing certificate renewal
29 requirements relating to teaching students with
30 limited English proficiency; amending s.
31 231.261, F.S.; providing rulemaking authority
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 of the Education Practices Commission; amending
2 s. 231.263, F.S.; clarifying provisions
3 relating to the recovery network program for
4 educators; amending s. 231.29, F.S.; requiring
5 State Board of Education rules relating to
6 personnel assessment; amending s. 231.47, F.S.;
7 correcting a cross reference; amending s.
8 231.546, F.S., relating to the Education
9 Standards Commission; deleting duties relating
10 to teacher education centers; amending s.
11 231.600, F.S.; revising requirements of the
12 school district professional development
13 system; creating s. 231.6002, F.S.; requiring
14 school districts to develop professional
15 development plans; providing for stipends and
16 funding; providing for rules; amending s.
17 231.601, F.S.; deleting provisions relating to
18 teacher education center purposes; amending s.
19 231.625, F.S.; deleting provisions relating to
20 a teacher referral and recruitment center;
21 requiring establishment of a teacher
22 recruitment and retention services office;
23 amending s. 231.6255, F.S.; revising provisions
24 relating to the Christa McAuliffe Ambassador
25 for Education Program; creating s. 231.63,
26 F.S.; creating the Florida Educator Hall of
27 Fame; providing for nominations,
28 recommendations, and selection of members;
29 repealing s. 231.613, F.S., relating to
30 inservice training institutes; providing an
31 effective date.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraph (d) of subsection (5) of section
4 24.121, Florida Statutes, is amended to read:
5 24.121 Allocation of revenues and expenditure of funds
6 for public education.--
7 (5)
8 (d) Beginning July 1, 1993, No funds shall be released
9 for any purpose from the Educational Enhancement Trust Fund to
10 any school district in which one or more schools do not have
11 an approved school improvement plan pursuant to s. 230.23(16).
12 Section 2. Paragraph (a) of subsection (1) of section
13 229.58, Florida Statutes, is amended to read:
14 229.58 District and school advisory councils.--
15 (1) ESTABLISHMENT.--
16 (a) The school board shall establish an advisory
17 council for each school in the district, and shall develop
18 procedures for the election and appointment of advisory
19 council members. A majority of the members of each school
20 advisory council must be persons who are not employed by the
21 school board. Each advisory council shall be composed of the
22 principal and an appropriately balanced number of teachers,
23 education support employees, students, parents, and other
24 business and community citizens who are representative of the
25 ethnic, racial, and economic community served by the school.,
26 provided that Vocational-technical center and high school
27 advisory councils shall include students, and middle and
28 junior high school advisory councils may include students.
29 School advisory councils of vocational-technical and adult
30 education centers are not required to include parents as
31 members. Council members representing teachers, education
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 support employees, students, and parents shall be elected by
2 their respective peer groups at the school in a fair and
3 equitable manner as follows:
4 1. Teachers shall be elected by teachers.
5 2. Education support employees shall be elected by
6 education support employees.
7 3. Students shall be elected by students.
8 4. Parents shall be elected by parents.
9
10 The school board shall establish procedures for use by schools
11 in selecting business and community members. Such procedures
12 shall include means of ensuring wide notice of vacancies and
13 for taking input on possible members from local business,
14 chambers of commerce, community and civic organizations and
15 groups, and the public at large. The school board shall review
16 the membership composition of each advisory council. Should
17 the school board determine that the membership elected by the
18 school is not representative of the ethnic, racial, and
19 economic community served by the school, the board shall
20 appoint additional members to achieve proper representation.
21 Although schools should be strongly encouraged to establish
22 school advisory councils, any school district that has a
23 student population of 10,000 or fewer may establish a district
24 advisory council which shall include at least one duly elected
25 teacher from each school in the district. For the purposes of
26 school advisory councils and district advisory councils, the
27 term "teacher" shall include classroom teachers, certified
28 student services personnel, and media specialists. For
29 purposes of this paragraph, "education support employee" means
30 any person employed by a school who is not defined as
31 instructional or administrative personnel pursuant to s.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 228.041 and whose duties require 20 or more hours in each
2 normal working week.
3 Section 3. Paragraph (a) of subsection (16) of section
4 230.23, Florida Statutes, is amended to read:
5 230.23 Powers and duties of school board.--The school
6 board, acting as a board, shall exercise all powers and
7 perform all duties listed below:
8 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
9 ACCOUNTABILITY.--Maintain a system of school improvement and
10 education accountability as provided by statute and State
11 Board of Education rule. This system of school improvement and
12 education accountability shall be consistent with, and
13 implemented through, the district's continuing system of
14 planning and budgeting required by this section and ss.
15 229.555 and 237.041. This system of school improvement and
16 education accountability shall include, but not be limited to,
17 the following:
18 (a) School improvement plans.--By August 15 annually,
19 approve and require implementation of a new, amended, or
20 continuation school improvement plan for each school in the
21 district. Such plan shall be designed to achieve the state
22 education goals and student performance standards pursuant to
23 ss. 229.591(3) and 229.592.
24 Section 4. Paragraphs (a) and (b) of subsection (2) of
25 section 231.02, Florida Statutes, are amended to read:
26 231.02 Qualifications of personnel.--
27 (2)(a) Instructional and noninstructional personnel
28 who are hired to fill positions requiring direct contact with
29 students in any district school system or laboratory school
30 shall, upon employment, file a complete set of fingerprints
31 taken by an authorized law enforcement officer or an employee
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 of the school or district who is trained to take fingerprints.
2 These fingerprints shall be submitted to the Department of Law
3 Enforcement for state processing and to the Federal Bureau of
4 Investigation for federal processing. School districts which
5 have authorized terminal access to the Florida Crimes
6 Information Telecommunications Network or the National Crime
7 Information Center may use this equipment for the background
8 check required by this subsection. Such new employees shall be
9 on probationary status pending fingerprint processing and
10 determination of compliance with standards of good moral
11 character. Employees found through fingerprint processing to
12 have been convicted of a crime involving moral turpitude shall
13 not be employed in any position requiring direct contact with
14 students. Probationary employees terminated because of their
15 criminal record shall have the right to appeal such decisions.
16 The cost of the fingerprint processing may be borne by the
17 school board or the employee.
18 (b) Any provision of law notwithstanding, by January
19 1, 1997, for personnel currently required to be certified
20 under s. 231.17, and January 1, 1998, for all other personnel
21 currently employed by any district school system or any other
22 public school who have not been fingerprinted and screened in
23 the same manner outlined in paragraph (a) shall submit a
24 complete set of fingerprints taken by an authorized law
25 enforcement officer or an employee of the school or district
26 who is trained to take fingerprints. The fingerprints shall
27 be submitted to the Department of Law Enforcement for state
28 processing and the Federal Bureau of Investigation for federal
29 processing. School districts which have authorized terminal
30 access to the Florida Crimes Telecommunications Network or the
31 National Crime Information Center may use that equipment for
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 the background check required by this paragraph. Employees
2 found through fingerprint processing to have been convicted of
3 a crime involving moral turpitude shall not be employed in any
4 position requiring direct contact with students. The cost of
5 the fingerprint processing may be borne by the school district
6 or the individual employee at a cost not to exceed $24.00.
7 Any additional cost shall be borne by the Department of
8 Education. Each local school board and laboratory school shall
9 develop policies necessary for the implementation of this
10 subsection. The Commissioner of Education shall provide
11 guidelines regarding standards of good moral character for use
12 in the development of these policies. Within these standards,
13 the lack of good moral character shall be defined as having
14 been convicted of a crime involving moral turpitude.
15 Section 5. Section 231.096, Florida Statutes, is
16 amended to read:
17 231.096 Teacher teaching out-of-field;
18 assistance.--Each school district shall have a plan to assist
19 any teacher teaching out-of-field, and priority consideration
20 in professional development activities shall be given to
21 teachers who are teaching out-of-field in summer inservice
22 institutes. A district may include in its annual summer
23 inservice institute plan a section that provides for
24 institutes in instructional areas identified as district
25 critical teacher shortage areas and approved by the Department
26 of Education.
27 Section 6. Section 231.15, Florida Statutes, is
28 amended to read:
29 231.15 Positions for which certificates required.--
30 (1) The State Board of Education shall have authority
31 to classify school services, designate the certification
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 subject areas, establish competencies and certification
2 requirements for all school-based personnel, and to prescribe
3 rules in accordance with which the professional, temporary,
4 and part-time certificates shall be issued by the Department
5 of Education to applicants school employees who meet the
6 standards prescribed by such rules for their class of service.
7 Each person employed or occupying a position as school
8 supervisor, principal, teacher, library media specialist,
9 school counselor, athletic coach, or other position in which
10 the employee serves in an instructional capacity, in any
11 public school of any district of this state shall hold the
12 certificate required by law and by rules of the state board in
13 fulfilling the requirements of the law for the type of service
14 rendered. However, the state board shall adopt rules
15 authorizing school boards to employ selected noncertificated
16 personnel to provide instructional services in the
17 individuals' fields of specialty or to assist instructional
18 staff members as teacher aides. Each person who is employed
19 and renders service as an athletic coach in any public school
20 in any district of this state shall hold a valid part-time,
21 temporary, or professional certificate. Each person employed
22 as a school nurse shall hold a license to practice nursing in
23 the state, and each person employed as a school physician
24 shall hold a license to practice medicine in the state. The
25 provisions of this subsection shall not apply to any athletic
26 coach who renders service in a voluntary capacity and who is
27 not employed by any public school of any district in this
28 state.
29 (2) A commissioned or noncommissioned military officer
30 who is an instructor of junior reserve officer training shall
31 be exempt from requirements for teacher certification, except
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 for the filing of fingerprints pursuant to s. 231.02 231.1712,
2 if he or she meets the following qualifications:
3 (a) Is retired from active military duty with at least
4 20 years of service and draws retirement pay or is retired, or
5 transferred to retired reserve status, with at least 20 years
6 of active service and draws retirement pay or retainer pay.
7 (b) Satisfies criteria established by the appropriate
8 military service for certification by the service as a junior
9 reserve officer training instructor.
10 (c) Has an exemplary military record.
11
12 If such instructor is assigned instructional duties other than
13 junior reserve officer training, he or she shall hold the
14 certificate required by law and rules of the state board for
15 the type of service rendered.
16 Section 7. Paragraph (c) of subsection (3) of section
17 231.17, Florida Statutes, is amended, and subsection (14) is
18 added to said section, to read:
19 231.17 Official statements of eligibility and
20 certificates granted on application to those meeting
21 prescribed requirements.--
22 (3) TEMPORARY CERTIFICATE.--
23 (c) To qualify for a temporary certificate, the
24 applicant must:
25 1. File a written statement under oath that the
26 applicant subscribes to and will uphold the principles
27 incorporated in the Constitutions of the United States and of
28 the State of Florida.
29 2. Be at least 18 years of age.
30 3. Document receipt of a bachelor's or higher degree
31 from an accredited institution of higher learning, as defined
9
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 by state board rule. Credits and degrees awarded by a newly
2 created Florida state institution that is part of the State
3 University System shall be considered as granted by an
4 accredited institution of higher learning during the first 2
5 years of course offerings while accreditation is gained.
6 Degrees from foreign institutions, or degrees from other
7 institutions of higher learning that are in the accreditation
8 process, may be validated by a process established in state
9 board rule. Once accreditation is gained, the institution
10 shall be considered as accredited beginning with the 2-year
11 period prior to the date of accreditation. The bachelor's or
12 higher degree may not be required in areas approved in rule by
13 the State Board of Education as nondegreed areas. Each
14 applicant seeking initial certification must have attained at
15 least a 2.5 overall grade point average on a 4.0 scale in the
16 applicant's major field of study. The applicant may document
17 the required education by submitting official transcripts from
18 institutions of higher education or by authorizing the direct
19 submission of such official transcripts through established
20 electronic network systems.
21 4. Meet such academic and professional requirements
22 based on credentials certified by standard institutions of
23 higher learning, including any institutions of higher learning
24 in this state accredited by an accrediting association that is
25 a member of the Commission on Recognition of Postsecondary
26 Accreditation, as prescribed by the state board.
27 4.5. Be competent and capable of performing the
28 duties, functions, and responsibilities of a teacher.
29 5.6. Be of good moral character.
30
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 Rules adopted pursuant to this section shall provide for the
2 review and acceptance of credentials from foreign institutions
3 of higher learning.
4 (14) AUTHORITY OF COMMISSIONER.--The Commissioner of
5 Education is authorized to make decisions regarding an
6 applicant's certification under extenuating circumstances not
7 otherwise provided for in statute or rule.
8 Section 8. Section 231.1725, Florida Statutes, is
9 amended to read:
10 231.1725 Employment of substitute teachers, teachers
11 of adult education, and nondegreed teachers of career
12 education; students performing clinical field experience, and
13 noncertificated teachers in critical teacher shortage areas.--
14 (1) Notwithstanding the provisions of ss. 231.02,
15 231.15, and 231.17, and 231.172 or any other provision of law
16 or rule to the contrary, each school board shall establish the
17 minimal qualifications for:
18 (a) Substitute teachers to be employed pursuant to s.
19 231.47. The qualifications shall require the filing of a
20 complete set of fingerprints in the same manner as required by
21 s. 231.02.
22 (b) Part-time and full-time teachers in adult
23 education programs. The qualifications shall require the
24 filing of a complete set of fingerprints in the same manner as
25 required by s. 231.02. Faculty employed solely to conduct
26 postsecondary instruction may be exempted from this
27 requirement.
28 (c) Part-time and full-time nondegreed teachers of
29 vocational programs. Qualifications shall be established for
30 agriculture, business, health occupations, family and consumer
31 sciences, industrial, marketing, and public service education
11
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 teachers, based primarily on successful occupational
2 experience rather than academic training. The qualifications
3 for such teachers shall require:
4 1. The filing of a complete set of fingerprints in the
5 same manner as required by s. 231.02. Faculty employed solely
6 to conduct postsecondary instruction may be exempted from this
7 requirement.
8 2. Documentation of education and successful
9 occupational experience including documentation of:
10 a. A high school diploma or the equivalent.
11 b. Completion of 6 years of full-time successful
12 occupational experience or the equivalent of part-time
13 experience in the teaching specialization area. Alternate
14 means of determining successful occupational experience may be
15 established by the school board.
16 c. Completion of career education training conducted
17 through the local school district inservice master plan.
18 d. For full-time teachers, completion of professional
19 education training in teaching methods, course construction,
20 lesson planning and evaluation, and teaching special needs
21 students. This training may be completed through coursework
22 from a standard institution or an approved district teacher
23 education program.
24 e. Demonstration of successful teaching performance.
25 (d) Part-time and full-time noncertificated teachers
26 in critical teacher shortage areas. The qualifications shall
27 require the filing of fingerprints in the same manner as
28 required by s. 231.02 and shall be based on academic training
29 in the essential generic and specialization competencies of
30 the instructional assignment. The school board shall be
31 responsible for determining critical teacher shortage areas
12
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 within the school district. Each school board shall annually
2 report the number, qualifications, and areas of assignment of
3 all noncertificated teachers employed pursuant to this
4 paragraph during each school year.
5 (2) Substitute, adult education, and nondegreed career
6 education teachers and noncertificated teachers in critical
7 teacher shortage areas who are employed pursuant to this
8 section shall have the same rights and protection of laws as
9 certified teachers.
10 (3) A student who is enrolled in a state-approved
11 teacher preparation program in an institution of higher
12 education approved by rules of the State Board of Education
13 and who is jointly assigned by such institution of higher
14 education and a school board to perform a clinical field
15 experience under the direction of a regularly employed and
16 certified educator shall be accorded the same protection of
17 laws as that accorded the certified educator while serving
18 such supervised clinical field experience, except for the
19 right to bargain collectively with employees of the school
20 board.
21 Section 9. Paragraph (d) is added to subsection (3) of
22 section 231.24, Florida Statutes, to read:
23 231.24 Process for renewal of professional
24 certificates.--
25 (3) For the renewal of a professional certificate, the
26 following requirements must be met:
27 (d) For an educator who is required to complete
28 training in teaching students with limited English
29 proficiency, state board of education rules for the expanded
30 use of such training shall apply as follows:
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 1. A teacher who holds a professional certificate may
2 use college credits or inservice points completed in English
3 for Speakers of Other Languages training in excess of 6
4 semester hours during one certificate validity period toward
5 renewal of the professional certificate during the next
6 validity period.
7 2. A teacher who holds a temporary certificate may use
8 college credits or inservice points completed in English for
9 Speakers of Other Languages training toward renewal of the
10 first professional certificate. Such training shall not have
11 been included within the degree program. The temporary and
12 professional certificates shall be issued for consecutive
13 school years.
14 Section 10. Paragraph (d) of subsection (7) of section
15 231.261, Florida Statutes, is amended to read:
16 231.261 Education Practices Commission;
17 organization.--
18 (7) The duties and responsibilities of the commission
19 are to:
20 (d) Have rulemaking authority pursuant to chapter 120
21 to establish procedures for operations and administration,
22 disciplinary proceedings, indexing, implementation of orders,
23 and retention of records, and to establish disciplinary
24 guidelines.
25 Section 11. Subsections (9) and (12) of section
26 231.263, Florida Statutes, are amended to read:
27 231.263 Recovery network program for educators.--
28 (9) An approved treatment provider must disclose to
29 the recovery network program all information in its possession
30 which relates to a person's impairment and participation in
31 the treatment program. Information obtained under this
14
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 subsection is confidential and exempt from s. 119.07(1) and s.
2 24(a), Art. I of the State Constitution. This exemption is
3 necessary to promote the rehabilitation of impaired educators
4 teachers and to protect the privacy of treatment program
5 participants. The failure to provide such information to the
6 program is grounds for withdrawal of approval of a treatment
7 provider. Medical records provided to the program may not be
8 disclosed to any other person, except as authorized by law.
9 (12) The State Board of Education shall include in the
10 fees established pursuant to s. 231.30 s. 231.15(3) an amount
11 sufficient to implement the provisions of this section. The
12 state board shall by rule establish procedures and additional
13 standards for:
14 (a) Approving treatment providers, including
15 appropriate qualifications and experience, amount of
16 reasonable fees and charges, and quality and effectiveness of
17 treatment programs provided.
18 (b) Admitting eligible persons to the program.
19 (c) Evaluating impaired persons by the recovery
20 network program.
21 Section 12. Subsection (8) is added to section 231.29,
22 Florida Statutes, to read:
23 231.29 Assessment procedures and criteria.--
24 (8) The State Board of Education shall adopt rules
25 pursuant to chapter 120 to review and approve each district's
26 instructional personnel assessment system.
27 Section 13. Section 231.47, Florida Statutes, is
28 amended to read:
29 231.47 Substitute teachers.--Each school board shall
30 adopt rules prescribing the compensation of, and the procedure
31 for employment of, substitute teachers. Such procedure for
15
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 employment shall include, but not be limited to, the filing of
2 a complete set of fingerprints as required in s. 231.02
3 231.1712.
4 Section 14. Subsection (1) of section 231.546, Florida
5 Statutes, is amended to read:
6 231.546 Education Standards Commission; powers and
7 duties.--
8 (1) The Education Standards Commission shall have the
9 duty to:
10 (a) Recommend to the state board desirable standards
11 relating to programs and policies for the development,
12 certification and certification extension, improvement, and
13 maintenance of competencies of educational personnel,
14 including teacher interns.
15 (b) Recommend to the state board standards for
16 approval of preservice teacher education programs.
17 (c) Plan and conduct an annual review of human
18 resources studies regarding teaching personnel and report the
19 findings to the state board.
20 (d) Recommend to the state board objective,
21 independently verifiable standards of measurement and
22 evaluation of teaching competence.
23 (e) Recommend to the state board alternative ways to
24 demonstrate qualifications for certification which assure
25 fairness and flexibility while protecting against
26 incompetence.
27 (f) Recommend to the state board the most feasible
28 locations for teacher education centers from proposals
29 submitted by school districts and universities.
30
31
16
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 (g) Recommend to the state board guidelines for the
2 expenditure of funds for teacher education centers and
3 approval of teacher education center programs.
4 (f)(h) Recommend critical state priorities for
5 preservice and inservice teacher training such as
6 understanding diverse student populations, working in a
7 changing workplace, and understanding subject matter and
8 instruction. The commission shall recommend standards for
9 measuring evidence of training in these priorities for
10 continuing program approval for preservice teacher education,
11 initial teacher certification and certificate renewal, and
12 staff development activities.
13 (g)(i) Evaluate the progress of school community
14 professional development systems as provided in s. 231.600.
15 (h)(j) Perform such other duties as may be required to
16 achieve the purposes of this section and s. 231.545.
17 Section 15. Paragraph (b) of subsection (4) and
18 subsection (6) of section 231.600, Florida Statutes, are
19 amended to read:
20 231.600 School Community Professional Development
21 Act.--
22 (4) The Department of Education, school districts,
23 schools, and public colleges and universities share the
24 responsibilities described in this section. These
25 responsibilities include the following:
26 (b) Each district school board shall consult with
27 teachers and representatives of college and university
28 faculty, community agencies, and other interested citizen
29 groups to establish policy and procedures to guide the
30 operation of the district professional development program.
31 The professional development system must:
17
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 1. Require that schools identify student needs that
2 can be met by improved professional performance, and assist
3 schools in making these identifications;
4 2. Provide training activities coupled with followup
5 support that is and other professional development appropriate
6 to accomplish district-level and school-level improvement
7 goals and standards; and
8 3. Provide for systematic consultation with regional
9 and state personnel designated to provide technical assistance
10 and evaluation of local professional development programs.
11 (6) The Department of Education shall design methods
12 by which the state and district school boards may evaluate and
13 improve the professional development system. The evaluation
14 must include an annual assessment of data that indicate
15 progress or lack of progress of all students whose needs were
16 identified as most critical to improved professional
17 development, including needs of students with disabilities,
18 students having limited proficiency in English, and
19 low-achieving student populations. If the review of data
20 indicates an achievement level that is unusual, the department
21 may investigate the causes of the success or lack of success,
22 may provide technical assistance, and may require the school
23 district to employ a different approach to professional
24 development. The department shall report annually to the
25 State Board of Education and the Legislature any school
26 district that, in the determination of the department, has
27 failed to provide an adequate professional development system.
28 This report must include the results of the department's
29 investigation and of any intervention provided.
30 Section 16. Section 231.6002, Florida Statutes, is
31 created to read:
18
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 231.6002 Teacher professional development; plans;
2 stipends.--
3 (1) The Legislature finds that there is a need for
4 more time for teachers in the public schools in this state to
5 support continuing professional growth that is directly
6 connected to student learning. School improvement that is
7 dedicated to growth in student achievement requires ongoing
8 training with essential followup support for teachers. It is
9 the intent of the Legislature to establish regularly scheduled
10 professional development for teachers outside of the
11 instructional day that is focused on the improvement of
12 student learning, and to provide funds for stipends for
13 teachers who participate in these extended professional
14 development offerings.
15 (2) The Department of Education shall create a program
16 to distribute funds for teacher stipend dollars to school
17 districts that provide matching professional growth time and
18 that, at a minimum, meet the following criteria:
19 (a) Submit a professional development plan to the
20 Department of Education that meets the guidelines to be
21 established by the department, including, but not limited to:
22 1. A description of the specific activities that will
23 be provided during regularly scheduled stipended and matching
24 professional development time.
25 2. A demonstrated focus on instruction and improved
26 student learning for each professional development activity
27 delivered during stipended and matching professional
28 development time.
29 3. Procedures to evaluate the effectiveness of the
30 professional development activities on increased student
31 achievement.
19
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 4. Plans for providing on-site followup support to the
2 professional development activities.
3 (b) Pay a stipend of up to $50 for each day, or for
4 designated professional development time in increments
5 equivalent to a day, per teacher, not to exceed the equivalent
6 of two stipend days annually.
7 (c) Establish matching professional development time
8 equal to the designated paid professional development time
9 that is outside the required 180 student instructional days
10 and that is focused on instructional practices and increased
11 student learning.
12 (d) Require each teacher who is paid a stipend to have
13 fully participated in the designated professional development
14 activities.
15 (3) Funding for the professional development stipend
16 dollars pursuant to this section shall be provided annually in
17 the General Appropriations Act.
18 (4) This section shall be implemented only to the
19 extent specifically funded and authorized by law.
20 (5) The State Board of Education shall adopt rules
21 pursuant to chapter 120 to review and approve teacher
22 professional development programs.
23 Section 17. Subsection (4) of section 231.601, Florida
24 Statutes, is amended to read:
25 231.601 Purposes, intent.--
26 (4) The responsibility for operating programs for
27 preservice and inservice teacher education is assigned jointly
28 to the colleges and universities, to the district school
29 boards, and to practicing educators. Effective collaboration
30 among school districts, postsecondary institutions, and
31 practicing educators is essential to improving teaching in
20
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 Florida's elementary and secondary schools. Among the
2 purposes of the teacher education centers shall be:
3 (a) To facilitate school district inservice teacher
4 education programs for instructional personnel.
5 (b) To respond to state, national, and district policy
6 and program priorities.
7 (c) To provide opportunities for district school
8 educators to interact with faculty and staff of the colleges
9 and universities in order to enhance the preservice and
10 continuing education of instructional personnel.
11 Section 18. Section 231.625, Florida Statutes, is
12 amended to read:
13 231.625 Teacher shortage recruitment and retention
14 referral.--
15 (1) The Department of Education, through the Center
16 for Career Development Services, in cooperation with teacher
17 organizations, and district personnel offices, and colleges of
18 education directors, shall expand its career information
19 system to concentrate on the recruitment of qualified teachers
20 in teacher shortage areas.
21 (2) The Department of Education, through the Center
22 for Career Development Services, shall establish a teacher
23 referral and recruitment and retention services office center
24 which shall:
25 (a) Advertise teacher positions in targeted states
26 with declining student enrollments.
27 (b) Advertise in major newspapers, national
28 professional publications, and other professional publications
29 and in graduate schools of education.
30 (c) Utilize state and a nationwide toll-free numbers
31 number and a central post office box.
21
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 (d) Develop standardized resumes for teacher applicant
2 data.
3 (e) Conduct periodic communications with district
4 superintendents and personnel directors regarding new
5 applicants.
6 (f) Provide district access to the applicant database
7 by computer or telephone.
8 (g) Develop and distribute promotional materials
9 related to teaching as a career.
10 (h) Publish and distribute information pertaining to
11 employment opportunities, application procedures, teacher
12 certification, and teacher salaries and benefits for beginning
13 and continuing teachers.
14 (i) Provide Publish information related to alternative
15 certification procedures.
16 (j) Develop and sponsor the Florida Future Educator of
17 America Program clubs throughout the state.
18 (k) Review and recommend to the Legislature and school
19 districts incentives for attracting teachers to this state.
20 (3) The Office of Teacher Recruitment and Retention
21 Services teacher referral and recruitment center, in
22 cooperation with teacher organizations and district personnel
23 offices directors, shall sponsor a an annual job fair in a
24 central part of the state to match in-state educators and
25 out-of-state educators with teaching opportunities in this
26 state.
27 Section 19. Section 231.6255, Florida Statutes, is
28 amended to read:
29 231.6255 Christa McAuliffe Ambassador for Education
30 Program.--
31
22
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 (1) The Legislature recognizes that Florida continues
2 to face teacher shortages faces a severe shortage of teachers
3 and that fewer young people consider teaching as a career. It
4 is the intent of the Legislature to promote the positive and
5 rewarding aspects of being a teacher, to encourage more
6 individuals to become teachers, and to provide annual
7 sabbatical support for outstanding Florida teachers to serve
8 as goodwill ambassadors for education. The Legislature
9 further wishes to honor the memory of Christa McAuliffe, who
10 epitomized the challenge and inspiration that teaching can be.
11 (2) There is established the Christa McAuliffe
12 Ambassador for Education Program to provide salary, travel,
13 and other related expenses annually for an outstanding Florida
14 teacher to promote the positive aspects of teaching as a
15 career. The goals of the program are to:
16 (a) Enhance the stature of teachers and the teaching
17 profession.
18 (b) Promote the importance of quality education and
19 teaching for our future.
20 (c) Inspire and attract talented young people to
21 become teachers.
22 (d) Provide information regarding Florida's
23 scholarship and loan programs related to teaching.
24 (e) Promote the teaching profession within community
25 and business groups.
26 (f) Provide information regarding Florida's
27 alternative certification program to retired military
28 personnel and other individuals who might consider teaching as
29 a second career.
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 (g) Work with and represent the Office of Teacher
2 Recruitment and Retention Services teacher referral and
3 recruitment center, as needed.
4 (h) Work with and encourage the efforts of school and
5 district teachers of the year.
6 (i) Support the activities of the Florida Future
7 Educator Teacher of America Program clubs.
8 (j) Represent Florida teachers at business, trade,
9 education, and other conferences and meetings.
10 (k) Promote the teaching profession in other ways
11 related to the teaching responsibilities, background
12 experiences, and aspirations of the Ambassador for Education.
13 (3) The Teacher of the Year shall serve as the
14 Ambassador for Education, except that for the first 2 years,
15 Florida's NASA Teachers in Space shall also serve as
16 Ambassadors for Education. If the Teacher of the Year is
17 unable to serve as the Ambassador for Education, the first
18 runner-up shall serve in his or her place. The Department of
19 Education Each district school board shall establish
20 application and selection procedures for determining an annual
21 teacher of the year. Applications and selection criteria shall
22 be developed and distributed annually by the Department of
23 Education to all school districts. The Commissioner of
24 Education shall establish a selection committee which assures
25 representation from teacher organizations, administrators, and
26 parents to select the Teacher of the Year and Ambassador for
27 Education from among the district teachers of the year.
28 Selection criteria shall be developed and distributed annually
29 to all school districts.
30 (4)(a) The Department of Education and the Office of
31 Teacher Recruitment and Retention Services, through the Center
24
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 for Career Development Services and in conjunction with the
2 teacher referral and recruitment center, shall administer the
3 program.
4 (b) The Commissioner of Education shall pay an annual
5 salary, fringe benefits, travel costs, and other costs
6 associated with administering the program.
7 (c) The Ambassador for Education shall serve for 1
8 year, from July 1 to June 30, and shall be assured of
9 returning to his or her teaching position upon completion of
10 the program. The ambassador will not have a break in
11 creditable or continuous service or employment for the period
12 of time in which he or she participates in the program.
13 Section 20. Section 231.63, Florida Statutes, is
14 created to read:
15 231.63 Florida Educator Hall of Fame.--
16 (1) It is the intent of the Legislature to recognize
17 and honor those persons, living or dead, who have made
18 significant contributions to education in this state.
19 (2)(a) There is hereby established the Florida
20 Educator Hall of Fame. The Florida Educator Hall of Fame shall
21 be located in an area on the Plaza Level of the Capitol
22 Building.
23 (b) The Florida Education Foundation shall make a
24 recommendation for the design and theme for the Florida
25 Educator Hall of Fame. The Commissioner of Education, in
26 consultation with the Secretary of Management Services, shall
27 approve the foundation's recommendation.
28 (c) Each person who is selected as a member shall have
29 a plaque placed in the Florida Educator Hall of Fame. The
30 plaque shall designate the member's particular discipline or
31 contribution and shall set forth vital information relating to
25
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 the member. Each member shall also receive a standardized
2 memento of the member's selection.
3 (3) The Florida Education Foundation shall accept
4 nominations annually for persons to be recommended as members
5 of the Florida Educator Hall of Fame. Floridians who have made
6 a significant contribution to education in this state, as
7 determined and documented by the Florida Education Foundation,
8 shall be eligible for membership. The foundation shall
9 recommend to the Commissioner of Education persons to be named
10 as members of the Florida Educator Hall of Fame.
11 (4) In the first year, the Commissioner of Education
12 shall name no more than 10 members to the Florida Educator
13 Hall of Fame. Thereafter, the commissioner shall name no more
14 than four members to the Florida Educator Hall of Fame in any
15 1 year.
16 (5) The Commissioner of Education and the Florida
17 Education Foundation shall develop and adopt written policies
18 to carry out the purposes of this section, including
19 procedures to accept nominations, make recommendations for
20 selection of members, provide recipient's travel expenses, and
21 provide funding for the Florida Educator Hall of Fame.
22 (6) The Commissioner of Education may annually request
23 an appropriation from the Legislature sufficient to carry out
24 the purposes of this section. The Florida Education Foundation
25 may also provide funds to cover any or all expenses related to
26 the Florida Educator Hall of Fame.
27 Section 21. Section 231.613, Florida Statutes, is
28 repealed.
29 Section 22. This act shall take effect upon becoming a
30 law.
31
26
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3939
583-131C-98
1 *****************************************
2 HOUSE SUMMARY
3
Revises provisions relating to membership of school
4 advisory councils. Requires district school board
approval of school improvement plans by August 15
5 annually. Deletes certain provisions relating to
background check of district school system personnel.
6 Revises provisions relating to teaching out-of-field.
Provides State Board of Education duties relating to
7 teacher certification. Revises provisions relating to
qualification for a temporary certificate. Provides
8 certain decisionmaking authority of the Commissioner of
Education. Deletes provisions relating to employment of
9 noncertificated teachers in critical teacher shortage
areas. Provides for protection of laws for students
10 performing clinical field experience. Provides
certificate renewal requirements relating to teaching
11 students with limited English proficiency. Provides
rulemaking authority of the Education Practices
12 Commission. Clarifies provisions relating to the recovery
network program for educators. Requires State Board of
13 Education rules relating to personnel assessment. Deletes
duties relating to teacher education centers. Revises
14 requirements of the school district professional
development system. Requires school districts to develop
15 professional development plans and provides for stipends
and funding. Deletes provisions relating to teacher
16 education center purposes. Deletes provisions relating to
a teacher referral and recruitment center. Requires
17 establishment of a teacher recruitment and retention
services office. Revises provisions relating to the
18 Christa McAuliffe Ambassador for Education Program.
Creates the Florida Educator Hall of Fame and provides
19 for nominations, recommendations, and selection of
members. Repeals provisions relating to inservice
20 training institutes.
21
22
23
24
25
26
27
28
29
30
31
27