House Bill 3939e1

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                                       CS/HB 3939, First Engrossed



  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. 229.591,

  8         F.S., relating to school improvement and

  9         education accountability; including

10         postsecondary institutions in the goal of

11         ensuring professional teachers and staff;

12         amending s. 231.02, F.S., relating to

13         qualifications of district school system

14         personnel; deleting certain provisions relating

15         to background check; amending s. 231.096, F.S.;

16         revising provisions relating to teaching

17         out-of-field; amending s. 231.15, F.S.;

18         providing State Board of Education duties

19         relating to teacher certification; amending s.

20         231.17, F.S.; revising provisions relating to

21         qualification for a temporary certificate;

22         providing certain decisionmaking authority of

23         the Commissioner of Education; amending s.

24         231.1725, F.S.; deleting provisions relating to

25         employment of noncertificated teachers in

26         critical teacher shortage areas; providing for

27         protection of laws for students performing

28         clinical field experience; amending s. 231.24,

29         F.S.; providing certificate renewal

30         requirements relating to teaching students with

31         limited English proficiency; amending s.


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                                       CS/HB 3939, First Engrossed



  1         231.261, F.S.; providing rulemaking authority

  2         of the Education Practices Commission; amending

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

  4         relating to the recovery network program for

  5         educators; amending s. 231.29, F.S.; requiring

  6         State Board of Education rules relating to

  7         personnel assessment; amending s. 231.40, F.S.;

  8         providing that members of a school system sick

  9         leave pool may contribute additional hours to

10         the pool above the maximum permitted when a

11         member of the pool is suffering a medical

12         hardship; amending s. 231.47, F.S.; correcting

13         a cross reference; amending s. 231.546, F.S.,

14         relating to the Education Standards Commission;

15         deleting duties relating to teacher education

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

17         requirements of the school district

18         professional development system; 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; amending s.

31         240.529, F.S.; providing that, beginning in the


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                                       CS/HB 3939, First Engrossed



  1         1999-2000 academic year, State University

  2         System initial teacher preparation programs

  3         shall include an optional teacher field

  4         experience in schools located in socially and

  5         economically disadvantaged areas; providing for

  6         annual stipends for each teacher who has

  7         completed a residency program; providing an

  8         effective date.

  9

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

11

12         Section 1.  Paragraph (d) of subsection (5) of section

13  24.121, Florida Statutes, is amended to read:

14         24.121  Allocation of revenues and expenditure of funds

15  for public education.--

16         (5)

17         (d)  Beginning July 1, 1993, No funds shall be released

18  for any purpose from the Educational Enhancement Trust Fund to

19  any school district in which one or more schools do not have

20  an approved school improvement plan pursuant to s. 230.23(16).

21         Section 2.  Paragraph (a) of subsection (1) of section

22  229.58, Florida Statutes, is amended to read:

23         229.58  District and school advisory councils.--

24         (1)  ESTABLISHMENT.--

25         (a)  The school board shall establish an advisory

26  council for each school in the district, and shall develop

27  procedures for the election and appointment of advisory

28  council members. A majority of the members of each school

29  advisory council must be persons who are not employed by the

30  school board. Each advisory council shall be composed of the

31  principal and an appropriately balanced number of teachers,


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                                       CS/HB 3939, First Engrossed



  1  education support employees, students, parents, and other

  2  business and community citizens who are representative of the

  3  ethnic, racial, and economic community served by the school.,

  4  provided that Vocational-technical center and high school

  5  advisory councils shall include students, and middle and

  6  junior high school advisory councils may include students.

  7  School advisory councils of vocational-technical and adult

  8  education centers are not required to include parents as

  9  members. Council members representing teachers, education

10  support employees, students, and parents shall be elected by

11  their respective peer groups at the school in a fair and

12  equitable manner as follows:

13         1.  Teachers shall be elected by teachers.

14         2.  Education support employees shall be elected by

15  education support employees.

16         3.  Students shall be elected by students.

17         4.  Parents shall be elected by parents.

18

19  The school board shall establish procedures for use by schools

20  in selecting business and community members. Such procedures

21  shall include means of ensuring wide notice of vacancies and

22  for taking input on possible members from local business,

23  chambers of commerce, community and civic organizations and

24  groups, and the public at large. The school board shall review

25  the membership composition of each advisory council.  Should

26  the school board determine that the membership elected by the

27  school is not representative of the ethnic, racial, and

28  economic community served by the school, the board shall

29  appoint additional members to achieve proper representation.

30  Although schools should be strongly encouraged to establish

31  school advisory councils, any school district that has a


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                                       CS/HB 3939, First Engrossed



  1  student population of 10,000 or fewer may establish a district

  2  advisory council which shall include at least one duly elected

  3  teacher from each school in the district.  For the purposes of

  4  school advisory councils and district advisory councils, the

  5  term "teacher" shall include classroom teachers, certified

  6  student services personnel, and media specialists.  For

  7  purposes of this paragraph, "education support employee" means

  8  any person employed by a school who is not defined as

  9  instructional or administrative personnel pursuant to s.

10  228.041 and whose duties require 20 or more hours in each

11  normal working week.

12         Section 3.  Paragraph (f) of subsection (3) of section

13  229.591, Florida Statutes, is amended to read:

14         229.591  Comprehensive revision of Florida's system of

15  school improvement and education accountability.--

16         (3)  EDUCATION GOALS.--The state as a whole shall work

17  toward the following goals:

18         (f)  Teachers and staff.--The schools, district, all

19  postsecondary institutions, and state ensure professional

20  teachers and staff.

21         Section 4.  Paragraphs (a) and (b) of subsection (2) of

22  section 231.02, Florida Statutes, are amended to read:

23         231.02  Qualifications of personnel.--

24         (2)(a)  Instructional and noninstructional personnel

25  who are hired to fill positions requiring direct contact with

26  students in any district school system or laboratory school

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

28  taken by an authorized law enforcement officer or an employee

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

30  These fingerprints shall be submitted to the Department of Law

31  Enforcement for state processing and to the Federal Bureau of


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                                       CS/HB 3939, First Engrossed



  1  Investigation for federal processing. School districts which

  2  have authorized terminal access to the Florida Crimes

  3  Information Telecommunications Network or the National Crime

  4  Information Center may use this equipment for the background

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

  6  on probationary status pending fingerprint processing and

  7  determination of compliance with standards of good moral

  8  character.  Employees found through fingerprint processing to

  9  have been convicted of a crime involving moral turpitude shall

10  not be employed in any position requiring direct contact with

11  students.  Probationary employees terminated because of their

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

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

14  school board or the employee.

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

16  1, 1997, for personnel currently required to be certified

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

18  currently employed by any district school system or any other

19  public school who have not been fingerprinted and screened in

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

21  complete set of fingerprints taken by an authorized law

22  enforcement officer or an employee of the school or district

23  who is trained to take fingerprints.  The fingerprints shall

24  be submitted to the Department of Law Enforcement for state

25  processing and the Federal Bureau of Investigation for federal

26  processing. School districts which have authorized terminal

27  access to the Florida Crimes Telecommunications Network or the

28  National Crime Information Center may use that equipment for

29  the background check required by this paragraph. Employees

30  found through fingerprint processing to have been convicted of

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


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                                       CS/HB 3939, First Engrossed



  1  position requiring direct contact with students.  The cost of

  2  the fingerprint processing may be borne by the school district

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

  4  Any additional cost shall be borne by the Department of

  5  Education. Each local school board and laboratory school shall

  6  develop policies necessary for the implementation of this

  7  subsection. The Commissioner of Education shall provide

  8  guidelines regarding standards of good moral character for use

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

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

11  been convicted of a crime involving moral turpitude.

12         Section 5.  Section 231.096, Florida Statutes, is

13  amended to read:

14         231.096  Teacher teaching out-of-field;

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

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

17  in professional development activities shall be given to

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

19  institutes.  A district may include in its annual summer

20  inservice institute plan a section that provides for

21  institutes in instructional areas identified as district

22  critical teacher shortage areas and approved by the Department

23  of Education.

24         Section 6.  Section 231.15, Florida Statutes, is

25  amended to read:

26         231.15  Positions for which certificates required.--

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

28  to classify school services, designate the certification

29  subject areas, establish competencies and certification

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

31  rules in accordance with which the professional, temporary,


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                                       CS/HB 3939, First Engrossed



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

  2  of Education to applicants school employees who meet the

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

  4  Each person employed or occupying a position as school

  5  supervisor, principal, teacher, library media specialist,

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

  7  the employee serves in an instructional capacity, in any

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

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

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

11  rendered.  However, the state board shall adopt rules

12  authorizing school boards to employ selected noncertificated

13  personnel to provide instructional services in the

14  individuals' fields of specialty or to assist instructional

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

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

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

18  temporary, or professional certificate. Each person employed

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

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

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

22  provisions of this subsection shall not apply to any athletic

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

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

25  state.

26         (2)  A commissioned or noncommissioned military officer

27  who is an instructor of junior reserve officer training shall

28  be exempt from requirements for teacher certification, except

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

30  if he or she meets the following qualifications:

31


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                                       CS/HB 3939, First Engrossed



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

  2  20 years of service and draws retirement pay or is retired, or

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

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

  5         (b)  Satisfies criteria established by the appropriate

  6  military service for certification by the service as a junior

  7  reserve officer training instructor.

  8         (c)  Has an exemplary military record.

  9

10  If such instructor is assigned instructional duties other than

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

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

13  the type of service rendered.

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

15  231.17, Florida Statutes, is amended, and subsection (14) is

16  added to said section, to read:

17         231.17  Official statements of eligibility and

18  certificates granted on application to those meeting

19  prescribed requirements.--

20         (3)  TEMPORARY CERTIFICATE.--

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

22  applicant must:

23         1.  File a written statement under oath that the

24  applicant subscribes to and will uphold the principles

25  incorporated in the Constitutions of the United States and of

26  the State of Florida.

27         2.  Be at least 18 years of age.

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

29  from an accredited institution of higher learning, as defined

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

31  created Florida state institution that is part of the State


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                                       CS/HB 3939, First Engrossed



  1  University System shall be considered as granted by an

  2  accredited institution of higher learning during the first 2

  3  years of course offerings while accreditation is gained.

  4  Degrees from foreign institutions, or degrees from other

  5  institutions of higher learning that are in the accreditation

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

  7  board rule. Once accreditation is gained, the institution

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

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

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

11  the State Board of Education as nondegreed areas. Each

12  applicant seeking initial certification must have attained at

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

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

15  the required education by submitting official transcripts from

16  institutions of higher education or by authorizing the direct

17  submission of such official transcripts through established

18  electronic network systems.

19         4.  Meet such academic and professional requirements

20  based on credentials certified by standard institutions of

21  higher learning, including any institutions of higher learning

22  in this state accredited by an accrediting association that is

23  a member of the Commission on Recognition of Postsecondary

24  Accreditation, as prescribed by the state board.

25         4.5.  Be competent and capable of performing the

26  duties, functions, and responsibilities of a teacher.

27         5.6.  Be of good moral character.

28

29  Rules adopted pursuant to this section shall provide for the

30  review and acceptance of credentials from foreign institutions

31  of higher learning.


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                                       CS/HB 3939, First Engrossed



  1         (14)  AUTHORITY OF COMMISSIONER.--The Commissioner of

  2  Education is authorized to make decisions regarding an

  3  applicant's certification under extenuating circumstances not

  4  otherwise provided for in statute or rule.

  5         Section 8.  Section 231.1725, Florida Statutes, is

  6  amended to read:

  7         231.1725  Employment of substitute teachers, teachers

  8  of adult education, and nondegreed teachers of career

  9  education; students performing clinical field experience, and

10  noncertificated teachers in critical teacher shortage areas.--

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

12  231.15, and 231.17, and 231.172 or any other provision of law

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

14  minimal qualifications for:

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

16  231.47. The qualifications shall require the filing of a

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

18  s. 231.02.

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

20  education programs. The qualifications shall require the

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

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

23  postsecondary instruction may be exempted from this

24  requirement.

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

26  vocational programs. Qualifications shall be established for

27  agriculture, business, health occupations, family and consumer

28  sciences, industrial, marketing, and public service education

29  teachers, based primarily on successful occupational

30  experience rather than academic training. The qualifications

31  for such teachers shall require:


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                                       CS/HB 3939, First Engrossed



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

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

  3  to conduct postsecondary instruction may be exempted from this

  4  requirement.

  5         2.  Documentation of education and successful

  6  occupational experience including documentation of:

  7         a.  A high school diploma or the equivalent.

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

  9  occupational experience or the equivalent of part-time

10  experience in the teaching specialization area. Alternate

11  means of determining successful occupational experience may be

12  established by the school board.

13         c.  Completion of career education training conducted

14  through the local school district inservice master plan.

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

16  education training in teaching methods, course construction,

17  lesson planning and evaluation, and teaching special needs

18  students. This training may be completed through coursework

19  from a standard institution or an approved district teacher

20  education program.

21         e.  Demonstration of successful teaching performance.

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

23  in critical teacher shortage areas. The qualifications shall

24  require the filing of fingerprints in the same manner as

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

26  in the essential generic and specialization competencies of

27  the instructional assignment. The school board shall be

28  responsible for determining critical teacher shortage areas

29  within the school district. Each school board shall annually

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

31


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                                       CS/HB 3939, First Engrossed



  1  all noncertificated teachers employed pursuant to this

  2  paragraph during each school year.

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

  4  education teachers and noncertificated teachers in critical

  5  teacher shortage areas who are employed pursuant to this

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

  7  certified teachers.

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

  9  teacher preparation program in an institution of higher

10  education approved by rules of the State Board of Education

11  and who is jointly assigned by such institution of higher

12  education and a school board to perform a clinical field

13  experience under the direction of a regularly employed and

14  certified educator shall be accorded the same protection of

15  laws as that accorded the certified educator while serving

16  such supervised clinical field experience, except for the

17  right to bargain collectively with employees of the school

18  board.

19         Section 9.  Paragraph (d) is added to subsection (3) of

20  section 231.24, Florida Statutes, to read:

21         231.24  Process for renewal of professional

22  certificates.--

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

24  following requirements must be met:

25         (d)  For an educator who is required to complete

26  training in teaching students with limited English

27  proficiency, state board of education rules for the expanded

28  use of such training shall apply as follows:

29         1.  A teacher who holds a professional certificate may

30  use college credits or inservice points completed in English

31  for Speakers of Other Languages training in excess of 6


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                                       CS/HB 3939, First Engrossed



  1  semester hours during one certificate validity period toward

  2  renewal of the professional certificate during subsequent

  3  validity periods.

  4         2.  A teacher who holds a temporary certificate may use

  5  college credits or inservice points completed in English for

  6  Speakers of Other Languages training toward renewal of the

  7  first professional certificate. Such training shall not have

  8  been included within the degree program. The temporary and

  9  professional certificates shall be issued for consecutive

10  school years.

11         Section 10.  Paragraph (d) of subsection (7) of section

12  231.261, Florida Statutes, is amended to read:

13         231.261  Education Practices Commission;

14  organization.--

15         (7)  The duties and responsibilities of the commission

16  are to:

17         (d)  Have rulemaking authority pursuant to chapter 120

18  to establish procedures for operations and administration,

19  disciplinary proceedings, indexing, implementation of orders,

20  and retention of records, and to establish disciplinary

21  guidelines.

22         Section 11.  Subsections (9) and (12) of section

23  231.263, Florida Statutes, are amended to read:

24         231.263  Recovery network program for educators.--

25         (9)  An approved treatment provider must disclose to

26  the recovery network program all information in its possession

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

28  the treatment program.  Information obtained under this

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

30  24(a), Art. I of the State Constitution.  This exemption is

31  necessary to promote the rehabilitation of impaired educators


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                                       CS/HB 3939, First Engrossed



  1  teachers and to protect the privacy of treatment program

  2  participants.  The failure to provide such information to the

  3  program is grounds for withdrawal of approval of a treatment

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

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

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

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

  8  sufficient to implement the provisions of this section.  The

  9  state board shall by rule establish procedures and additional

10  standards for:

11         (a)  Approving treatment providers, including

12  appropriate qualifications and experience, amount of

13  reasonable fees and charges, and quality and effectiveness of

14  treatment programs provided.

15         (b)  Admitting eligible persons to the program.

16         (c)  Evaluating impaired persons by the recovery

17  network program.

18         Section 12.  Subsection (8) is added to section 231.29,

19  Florida Statutes, to read:

20         231.29  Assessment procedures and criteria.--

21         (8)  The State Board of Education shall adopt rules

22  pursuant to chapter 120 to review and approve each district's

23  instructional personnel assessment system.

24         Section 13.  Paragraph (d) of subsection (4) of section

25  231.40, Florida Statutes, is amended to read:

26         231.40  Sick leave.--

27         (4)  SICK LEAVE POOL.--Notwithstanding any other

28  provision of this section, a school board, based upon the

29  maintenance of reliable and accurate records by the district

30  school system showing the amount of sick leave which has been

31  accumulated and is unused by employees in accordance with this


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                                       CS/HB 3939, First Engrossed



  1  section, may, by rule or collective bargaining agreement,

  2  establish one or more plans allowing participating full-time

  3  employees of a district school system to pool sick leave

  4  accrued and allowing any sick leave thus pooled to be

  5  disbursed to any participating employee who is in need of sick

  6  leave in excess of that amount he or she has personally

  7  accrued. Such rules or agreements shall include, but not be

  8  limited to, the following provisions:

  9         (d)1.  Except as provided in subparagraph 2.,

10  participating employees shall make equal contributions to the

11  sick leave pool. There shall be established a maximum amount

12  of sick leave which may be contributed by an employee to the

13  pool.  After the initial contribution which an employee makes

14  upon electing to participate, no further contributions shall

15  be required except as may be necessary to replenish the pool.

16  Any such further contribution shall be equally required of all

17  employees participating in the pool.

18         2.  In the case where an employee is suffering a

19  medical hardship, as defined by rule, other members of the

20  sick leave pool may donate additional days over the maximum

21  amount permitted to be contributed.

22         Section 14.  Section 231.47, Florida Statutes, is

23  amended to read:

24         231.47  Substitute teachers.--Each school board shall

25  adopt rules prescribing the compensation of, and the procedure

26  for employment of, substitute teachers. Such procedure for

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

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

29  231.1712.

30         Section 15.  Subsection (1) of section 231.546, Florida

31  Statutes, is amended to read:


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                                       CS/HB 3939, First Engrossed



  1         231.546  Education Standards Commission; powers and

  2  duties.--

  3         (1)  The Education Standards Commission shall have the

  4  duty to:

  5         (a)  Recommend to the state board desirable standards

  6  relating to programs and policies for the development,

  7  certification and certification extension, improvement, and

  8  maintenance of competencies of educational personnel,

  9  including teacher interns.

10         (b)  Recommend to the state board standards for

11  approval of preservice teacher education programs.

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

13  resources studies regarding teaching personnel and report the

14  findings to the state board.

15         (d)  Recommend to the state board objective,

16  independently verifiable standards of measurement and

17  evaluation of teaching competence.

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

19  demonstrate qualifications for certification which assure

20  fairness and flexibility while protecting against

21  incompetence.

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

23  locations for teacher education centers from proposals

24  submitted by school districts and universities.

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

26  expenditure of funds for teacher education centers and

27  approval of teacher education center programs.

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

29  preservice and inservice teacher training such as

30  understanding diverse student populations, working in a

31  changing workplace, and understanding subject matter and


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                                       CS/HB 3939, First Engrossed



  1  instruction.  The commission shall recommend standards for

  2  measuring evidence of training in these priorities for

  3  continuing program approval for preservice teacher education,

  4  initial teacher certification and certificate renewal, and

  5  staff development activities.

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

  7  professional development systems as provided in s. 231.600.

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

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

10         Section 16.  Paragraph (b) of subsection (4) and

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

12  amended to read:

13         231.600  School Community Professional Development

14  Act.--

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

16  schools, and public colleges and universities share the

17  responsibilities described in this section.  These

18  responsibilities include the following:

19         (b)  Each district school board shall consult with

20  teachers and representatives of college and university

21  faculty, community agencies, and other interested citizen

22  groups to establish policy and procedures to guide the

23  operation of the district professional development program.

24  The professional development system must:

25         1.  Require that schools identify student needs that

26  can be met by improved professional performance, and assist

27  schools in making these identifications;

28         2.  Provide training activities coupled with followup

29  support that is and other professional development appropriate

30  to accomplish district-level and school-level improvement

31  goals and standards; and


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                                       CS/HB 3939, First Engrossed



  1         3.  Provide for systematic consultation with regional

  2  and state personnel designated to provide technical assistance

  3  and evaluation of local professional development programs.

  4         (6)  The Department of Education shall design methods

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

  6  improve the professional development system.  The evaluation

  7  must include an annual assessment of data that indicate

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

  9  identified as most critical to improved professional

10  development, including needs of students with disabilities,

11  students having limited proficiency in English, and

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

13  indicates an achievement level that is unusual, the department

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

15  may provide technical assistance, and may require the school

16  district to employ a different approach to professional

17  development.  The department shall report annually to the

18  State Board of Education and the Legislature any school

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

20  failed to provide an adequate professional development system.

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

22  investigation and of any intervention provided.

23         Section 17.  Section 231.625, Florida Statutes, is

24  amended to read:

25         231.625  Teacher shortage recruitment and retention

26  referral.--

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

28  for Career Development Services, in cooperation with teacher

29  organizations, and district personnel offices, and colleges of

30  education directors, shall expand its career information

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                                       CS/HB 3939, First Engrossed



  1  system to concentrate on the recruitment of qualified teachers

  2  in teacher shortage areas.

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

  4  for Career Development Services, shall establish a teacher

  5  referral and recruitment and retention services office center

  6  which shall:

  7         (a)  Advertise teacher positions in targeted states

  8  with declining student enrollments.

  9         (b)  Advertise in major newspapers, national

10  professional publications, and other professional publications

11  and in graduate schools of education.

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

13  number and a central post office box.

14         (d)  Develop standardized resumes for teacher applicant

15  data.

16         (e)  Conduct periodic communications with district

17  superintendents and personnel directors regarding new

18  applicants.

19         (f)  Provide district access to the applicant database

20  by computer or telephone.

21         (g)  Develop and distribute promotional materials

22  related to teaching as a career.

23         (h)  Publish and distribute information pertaining to

24  employment opportunities, application procedures, teacher

25  certification, and teacher salaries and benefits for beginning

26  and continuing teachers.

27         (i)  Provide Publish information related to alternative

28  certification procedures.

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

30  America Program clubs throughout the state.

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                                       CS/HB 3939, First Engrossed



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

  2  districts incentives for attracting teachers to this state.

  3         (3)  The Office of Teacher Recruitment and Retention

  4  Services teacher referral and recruitment center, in

  5  cooperation with teacher organizations and district personnel

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

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

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

  9  state.

10         Section 18.  Section 231.6255, Florida Statutes, is

11  amended to read:

12         231.6255  Christa McAuliffe Ambassador for Education

13  Program.--

14         (1)  The Legislature recognizes that Florida continues

15  to face teacher shortages faces a severe shortage of teachers

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

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

18  rewarding aspects of being a teacher, to encourage more

19  individuals to become teachers, and to provide annual

20  sabbatical support for outstanding Florida teachers to serve

21  as goodwill ambassadors for education.  The Legislature

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

23  epitomized the challenge and inspiration that teaching can be.

24         (2)  There is established the Christa McAuliffe

25  Ambassador for Education Program to provide salary, travel,

26  and other related expenses annually for an outstanding Florida

27  teacher to promote the positive aspects of teaching as a

28  career.  The goals of the program are to:

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

30  profession.

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                                       CS/HB 3939, First Engrossed



  1         (b)  Promote the importance of quality education and

  2  teaching for our future.

  3         (c)  Inspire and attract talented young people to

  4  become teachers.

  5         (d)  Provide information regarding Florida's

  6  scholarship and loan programs related to teaching.

  7         (e)  Promote the teaching profession within community

  8  and business groups.

  9         (f)  Provide information regarding Florida's

10  alternative certification program to retired military

11  personnel and other individuals who might consider teaching as

12  a second career.

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

14  Recruitment and Retention Services teacher referral and

15  recruitment center, as needed.

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

17  district teachers of the year.

18         (i)  Support the activities of the Florida Future

19  Educator Teacher of America Program clubs.

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

21  education, and other conferences and meetings.

22         (k)  Promote the teaching profession in other ways

23  related to the teaching responsibilities, background

24  experiences, and aspirations of the Ambassador for Education.

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

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

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

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

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

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

31  Education Each district school board shall establish


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                                       CS/HB 3939, First Engrossed



  1  application and selection procedures for determining an annual

  2  teacher of the year. Applications and selection criteria shall

  3  be developed and distributed annually by the Department of

  4  Education to all school districts. The Commissioner of

  5  Education shall establish a selection committee which assures

  6  representation from teacher organizations, administrators, and

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

  8  Education from among the district teachers of the year.

  9  Selection criteria shall be developed and distributed annually

10  to all school districts.

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

12  Teacher Recruitment and Retention Services, through the Center

13  for Career Development Services and in conjunction with the

14  teacher referral and recruitment center, shall administer the

15  program.

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

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

18  associated with administering the program.

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

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

21  returning to his or her teaching position upon completion of

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

23  creditable or continuous service or employment for the period

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

25         Section 19.  Section 231.63, Florida Statutes, is

26  created to read:

27         231.63  Florida Educator Hall of Fame.--

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

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

30  significant contributions to education in this state.

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                                       CS/HB 3939, First Engrossed



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

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

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

  4  Building.

  5         (b)  The Florida Education Foundation shall make a

  6  recommendation for the design and theme for the Florida

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

  8  consultation with the Secretary of Management Services, shall

  9  approve the foundation's recommendation.

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

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

12  plaque shall designate the member's particular discipline or

13  contribution and shall set forth vital information relating to

14  the member. Each member shall also receive a standardized

15  memento of the member's selection.

16         (3)  The Florida Education Foundation shall accept

17  nominations annually for persons to be recommended as members

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

19  a significant contribution to education in this state, as

20  determined and documented by the Florida Education Foundation,

21  shall be eligible for membership. The foundation shall

22  recommend to the Commissioner of Education persons to be named

23  as members of the Florida Educator Hall of Fame.

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

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

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

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

28  1 year.

29         (5)  The Commissioner of Education and the Florida

30  Education Foundation shall develop and adopt written policies

31  to carry out the purposes of this section, including


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                                       CS/HB 3939, First Engrossed



  1  procedures to accept nominations, make recommendations for

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

  3  provide funding for the Florida Educator Hall of Fame.

  4         (6)  The Commissioner of Education may annually request

  5  an appropriation from the Legislature sufficient to carry out

  6  the purposes of this section. The Florida Education Foundation

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

  8  the Florida Educator Hall of Fame.

  9         Section 20.  Section 231.613, Florida Statutes, is

10  repealed.

11         Section 21.  Paragraph (d) is added to subsection (5)

12  of section 240.529, Florida Statutes, and subsection 11 is

13  added to said section to read:

14         240.529  Public accountability and state approval for

15  teacher preparation programs.--

16         (5)  PRESERVICE FIELD EXPERIENCE.--All postsecondary

17  instructors, school district personnel and instructional

18  personnel, and school sites preparing instructional personnel

19  through preservice field experience courses and internships

20  shall meet special requirements.

21           (d)  Beginning with the 1999-2000 academic year,

22  State University System initial teacher preparation programs

23  shall provide all students with the option of multiple field

24  experiences in schools located in socially and economically

25  disadvantaged urban or rural areas.  The field experiences

26  must provide interns with classroom experiences throughout the

27  academic year.  The field experiences must be designed to

28  provide the intern with the necessary supervision and teaching

29  methodology to become an effective teacher of students who

30  live in a disadvantaged area.

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                                       CS/HB 3939, First Engrossed



  1         (11)  URBAN AND RURAL TEACHING RESIDENCY

  2  PROGRAM.--Beginning with the 2000-2001 academic year and

  3  contingent upon legislative funding, teacher preparation

  4  programs at State University System institutions shall

  5  establish teaching residencies in partnership with public

  6  school districts. Each university, in conjunction with its

  7  partners, shall recruit no more than 20 teaching residents per

  8  year. The total number of teaching residencies in the state is

  9  not to exceed 200 in any given year at the rate of 20 per

10  university. Persons eligible to be hired as teaching residents

11  must have completed teaching internships as specified in

12  paragraph (5)(d). To be eligible to be hired as a teaching

13  resident, a person must have received his or her initial

14  license no more than 2 years before applying for a residency

15  and must have less than 5 months of full-time equivalency

16  teaching experience as a licensed teacher. The residency

17  program must include:

18         (a)  A guarantee from participating universities that

19  those who complete initial teacher preparation programs have

20  the knowledge and experience necessary to succeed in

21  residencies in urban or rural settings and that they are

22  prepared to teach in compliance with the Sunshine State

23  Standards and demonstrate skills at the beginning level of the

24  Florida Accomplished Teaching Practices;

25         (b)  A mentoring team consisting of no fewer than one

26  university faculty member and one school district clinical

27  educator for each participating school to provide supervision

28  of the teaching residents;

29         (c)  One full-time-equivalent experienced classroom

30  teacher assigned for each cluster of four teaching residents

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                                       CS/HB 3939, First Engrossed



  1  in order to provide alternative assignments for the resident

  2  teachers;

  3         (d)  Residencies lasting for a full academic year; and

  4         (e)  Teaching assignments for resident teachers of no

  5  more than 80 percent of the instructional time required of a

  6  full-time-equivalent teacher in the district. During the

  7  remaining time, a teaching resident shall participate in

  8  professional development activities as identified in

  9  conjunction with the school's mentoring team.

10

11  The resident teacher will be a member of the local bargaining

12  unit and shall be covered under the terms of the contract.

13  Upon successful completion of the teaching residency, each

14  individual who teaches in a school located in a socially and

15  economically disadvantaged urban or rural area in this state,

16  and as funded by the Legislature in the Division of Human

17  Resources within the Department of Education, will receive a

18  supplemental stipend from the state of $3,000 in each year he

19  or she teaches for the duration of legislative funding for the

20  residency program.

21         Section 22.  This act shall take effect upon becoming a

22  law.

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