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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Horne moved the following amendment to amendment

12  (294026):

13

14         Senate Amendment (with title amendment) 

15         On page 44, between lines 24 & 25,

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17  insert:

18         Section 39.  Section 236.08106, Florida Statutes, is

19  created to read:

20         236.08106  Excellent Teaching Program.--

21         (1)  The Legislature recognizes that teachers play a

22  critical role in preparing students to achieve the high levels

23  of academic performance expected by the Sunshine State

24  Standards. The Legislature further recognizes the importance

25  of identifying and rewarding teaching excellence and of

26  encouraging good teachers to become excellent teachers. The

27  Legislature finds that the National Board of Professional

28  Teaching Standards (NBPTS) has established high and rigorous

29  standards for accomplished teaching and has developed a

30  national voluntary system for assessing and certifying

31  teachers who demonstrate teaching excellence by meeting those

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





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

 2  incentives for teachers to seek NBPTS certification and to

 3  reward teachers who demonstrate teaching excellence by

 4  attaining NBPTS certification and sharing their expertise with

 5  other teachers.

 6         (2)  The Excellent Teaching Program is created to

 7  provide categorical funding for monetary incentives and

 8  bonuses for teaching excellence. The Department of Education

 9  shall allocate and distribute to each school district an

10  amount as prescribed annually by the Legislature for the

11  Excellent Teaching Program. Unless otherwise provided in the

12  General Appropriations Act, each school district's annual

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

14  following incentives and bonuses:

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

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

17  the district school board or a public school within that

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

19  demonstrated satisfactory teaching performance pursuant to s.

20  231.29 and, beginning in the school fiscal year 1999-2000, to

21  have qualified for the district performance-based pay

22  incentive pursuant to s. 230.23, who satisfies the

23  prerequisites for participating in the NBPTS certification

24  program, and who agrees, in writing, to pay 10 percent of the

25  NBPTS participation fee and to participate in the NBPTS

26  certification program during the school year for which the fee

27  subsidy is provided. The fee subsidy for each eligible

28  participant shall be an amount equal to 90 percent of the fee

29  charged for participating in the NBPTS certification program,

30  but not more than $1,800 per eligible participant. The fee

31  subsidy is a one-time award and may not be duplicated for any

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1  individual.

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

 3  teacher employed by the district school board or a public

 4  school within the district who is participating in the NBPTS

 5  certification program. The portfolio-preparation incentive is

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

 7  NBPTS fee subsidy is provided.

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

 9  fiscal year's statewide average salary for classroom teachers

10  to be paid to each individual who holds NBPTS certification

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

12  school within that school district. The district school board

13  shall distribute the annual bonus to each individual who meets

14  the requirements of this paragraph and who is certified

15  annually by the district to have demonstrated satisfactory

16  teaching performance pursuant to s. 231.29 and to have

17  qualified for the performance-based pay incentive pursuant to

18  s. 230.23. The annual bonus may be paid as a single payment or

19  divided into not more than three payments.

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

21  fiscal year's statewide average salary for classroom teachers

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

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

24  equivalent of 12 workdays of mentoring and related services to

25  public school teachers within the district who do not hold

26  NBPTS certification. The district school board shall

27  distribute the annual bonus in a single payment following the

28  completion of all required mentoring and related services for

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

30  excellent teachers from their assigned classrooms, therefore,

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1  school for mentoring or related services provided during the

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

 3  for the school year.

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

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

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

 7  development of teachers. The district must give priority to

 8  using all funds received pursuant to this paragraph for

 9  professional development of teachers employed at schools

10  identified as performing at critically low levels.

11

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

13  who does not complete the certification program or does not

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

15  after completing the certification program must repay the

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

17  teacher who completes the certification program but fails to

18  be awarded NBPTS certification is not required to repay the

19  amount of the certification fee if the teacher meets the

20  1-year teaching requirement. Repayment is not required of a

21  teacher who does not complete the certification program or

22  fails to fulfill the teaching requirement because of the

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

24  circumstances as determined by the State Board of Education.

25         Section 40.  Paragraph (a) of subsection (5) of section

26  236.081, Florida Statutes, as amended by chapter 97-380, Laws

27  of Florida, is amended to read:

28         236.081  Funds for operation of schools.--If the annual

29  allocation from the Florida Education Finance Program to each

30  district for operation of schools is not determined in the

31  annual appropriations act or the substantive bill implementing

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1  the annual appropriations act, it shall be determined as

 2  follows:

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

 4  provides for the establishment of selected categorical

 5  programs to assist in the development and maintenance of

 6  activities giving indirect support to the programs previously

 7  funded.  These categorical appropriations may be funded as

 8  general and transitional categorical programs.  It is the

 9  intent of the Legislature that no transitional categorical

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

11  of original authorization. Such programs are as follows:

12         (a)  General.--

13         1.  Comprehensive school construction and debt service

14  as provided by law.

15         2.  Community schools as provided by law.

16         3.  School lunch programs as provided by law.

17         4.  Instructional material funds as provided by law.

18         5.  Student transportation as provided by law.

19         6.  Student development services as provided by law.

20         7.  Diagnostic and learning resource centers as

21  provided by law.

22         8.  Comprehensive health education as provided by law.

23         9.  Excellent Teaching Program as provided by law.

24         (b)  Transitional.--

25         1.  Bilingual program as provided by law.

26         Section 41.  Section 231.173, Florida Statutes, is

27  amended to read:

28         231.173  Successful experienced out-of-state teachers

29  and administrators.--

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





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

 2  certified out-of-state teacher or administrator qualifies

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

 4  may qualify for a professional certificate if the applicant:

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

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

 7  231.02.

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

 9  the state where the applicant most recently taught, which

10  standard certificate is equivalent to the professional

11  certificate issued by this state and for which specialization

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

13  required in this state for the specialization coverage sought

14  by the applicant applicant's area of assignment.

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

16  full-time teaching or administrative experience in another

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

18  immediately preceding the date of application for

19  certification.

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

21  professional certificate if the applicant meets the

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

23  certificate issued by the National Board of Professional

24  Teaching Standards.

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

26  certificate from the superintendent of the employing school

27  district or governing authority of the employing developmental

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

29  within the first 120 days of assignment with validation of

30  awareness of the standards of professional practice.

31         (3)(5)  The professional certificate issued in

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1  accordance with subsection (1) these provisions shall reflect

 2  specialization coverages as follows:

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

 4  academic assignment shall be eligible for the academic

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

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

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

 8  Professional Teaching Standards.

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

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

11  this state shall be eligible for the educational leadership

12  coverage.

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

14  appointed as an administrator of an adult education program at

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

16  for the administration of adult education coverage.

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

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

19  nonpublic school in this state shall be eligible for the

20  director of career education coverage.

21         Section 42.  Subsection (2) and paragraph (b) of

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

23  amended to read:

24         231.24  Process for renewal of professional

25  certificates.--

26         (2)  All professional certificates, except a

27  nonrenewable professional certificate, shall be renewable for

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

29  submission of documentation of completion of the requirements

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

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

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1  professional certificate, except that a teacher with national

 2  certification from the National Board for Professional

 3  Teaching Standards is deemed to meet state renewal

 4  requirements for the life of the teacher's national

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

 6  received by the department or by the employing school district

 7  before the expiration of the professional certificate, the

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

 9  submitted before July 1 of the year following expiration of

10  the certificate in order to renew the professional

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

12  1-year extension of the validity period of a professional

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

14  extraordinary extenuating circumstances of the applicant. The

15  department shall grant such 1-year extension upon written

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

17  school district or the governing authority of a developmental

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

19  that employs the applicant.

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

21  following requirements must be met:

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

23  points, the applicant may renew a specialization area by

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

25  completion of the national certification from the National

26  Board for Professional Teaching Standards in that

27  specialization area, or by completion of a department approved

28  summer work program in a business or industry directly related

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

30  state board shall adopt rules providing for the approval

31  procedure.

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1

 2  (Redesignate subsequent sections.)

 3

 4

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

 6  And the title is amended as follows:

 7         On page 46, line 23, after the semicolon

 8

 9  insert:

10         creating s. 236.08106, F.S., relating to the

11         Excellent Teaching Program; providing

12         legislative findings and intent; authorizing

13         monetary incentives and bonuses for teaching

14         excellence; providing for annual allocations to

15         districts; providing fee subsidies and

16         conditions for repayment of subsidies for

17         participating in the certification program of

18         the National Board of Professional Teaching

19         Standards; requiring the distribution of

20         certain monetary bonuses to teachers; providing

21         eligibility criteria; requiring release time

22         for certain activities; requiring certain

23         district expenditures for professional

24         development of teachers; amending s. 236.081,

25         F.S.; authorizing categorical funding for the

26         Excellent Teaching Program; amending s.

27         231.173, F.S., relating to certification of

28         experienced out-of-state teachers and

29         administrators; deleting a requirement for

30         superintendents to request certification;

31         providing for issuance of a professional

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                                                  SENATE AMENDMENT

    Bill No. HB 4259, 1st Eng.

    Amendment No.    





 1         certificate to individuals certified by the

 2         National Board of Professional Teaching

 3         Standards; conforming provisions; amending s.

 4         231.24, F.S.; authorizing renewal of

 5         certificates through national certification;

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