House Bill 4299c1

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    Florida House of Representatives - 1998             CS/HB 4299

        By the Committee on Education Appropriations and
    Representatives Sublette, Constantine, Chestnut, Culp, Lynn,
    King, Warner and Casey




  1                      A bill to be entitled

  2         An act relating to school system personnel;

  3         creating s. 231.025, F.S.; creating the

  4         "Florida Outstanding Teacher Act of 1998";

  5         providing definitions; creating the Florida

  6         Outstanding Teacher Program; providing for

  7         nominating panels and criteria for eligibility;

  8         providing for selection of recipients;

  9         providing for monetary awards; providing for

10         funding; amending ss. 230.23 and 236.02, F.S.,

11         relating to district school board and school

12         district duties; providing that implementation

13         of the Florida Outstanding Teacher Program

14         satisfies certain requirements for determining

15         salary schedules and expenditures for

16         instructional personnel; creating s. 236.08106,

17         F.S., relating to the Excellent Teaching

18         Program; providing legislative findings and

19         intent; authorizing monetary incentives and

20         bonuses for teaching excellence; providing for

21         annual allocations to districts; providing fee

22         subsidies and conditions for repayment of

23         subsidies for participating in the

24         certification program of the National Board for

25         Professional Teaching Standards; requiring the

26         distribution of certain monetary bonuses to

27         teachers; providing eligibility criteria;

28         requiring release time for certain activities;

29         requiring certain district expenditures for

30         professional development of teachers; amending

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

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  1         funding for the Excellent Teaching Program;

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

  3         certification of experienced out-of-state

  4         teachers and administrators; deleting a

  5         requirement for superintendents to request

  6         certification; providing for issuance of a

  7         professional certificate to individuals

  8         certified by the National Board for

  9         Professional Teaching Standards; conforming

10         provisions; amending s. 231.24, F.S.;

11         authorizing renewal of certificates through

12         national certification; providing an effective

13         date.

14

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

16

17         Section 1.  Section 231.025, Florida Statutes, is

18  created to read:

19         231.025  Florida Outstanding Teacher Program.--

20         (1)  This section may be cited as the "Florida

21  Outstanding Teacher Act of 1998."

22         (2)  The effectiveness of the classroom teacher is the

23  most important influence the school has on a student's

24  learning. Every school has outstanding teachers whose

25  performance results in superior effectiveness in increasing

26  student learning. Such performance should be recognized and

27  rewarded in a manner that will provide an incentive for that

28  teacher to continue as a classroom teacher.

29         (3)  For purposes of this section:

30         (a)  A full-time classroom teacher is a teacher whose

31  full-time job responsibility is the classroom instruction of

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  1  students in grades K-12. It does not include other members of

  2  the instructional staff who work with students in grades K-12,

  3  but whose full-time job duties are not full-time classroom

  4  teaching.

  5         (b)  A school is a standard or regular school that

  6  enrolls students in grades K-12. It does not include special

  7  centers and sites that provide instruction and services to

  8  selected students in grades K-12, such as detention centers,

  9  special purpose centers, the superintendent's office, and

10  other similar centers or sites.

11         (4)  The Florida Outstanding Teacher Program is hereby

12  created. To receive an Outstanding Teacher Incentive Award of

13  $2,000, a teacher must be selected as follows. Each school in

14  each school district shall establish two independent

15  outstanding teacher nominating panels. One panel shall be

16  comprised of teachers in the school and one panel shall be

17  comprised of parent members of the school advisory council.

18  Each panel shall separately nominate the teachers who in its

19  opinion constitute the most effective 10 percent of classroom

20  teachers in the school.

21         (5)  The primary eligibility factors for nomination for

22  an Outstanding Teacher Incentive Award shall be a full-time

23  classroom teacher who:

24         (a)  Is broadly recognized among peer teachers and

25  parents for superior effectiveness in increasing student

26  learning.

27         (b)  Is an admirable role model for teachers.

28         (c)  Possesses the highest professional credibility

29  among peers, parents, and students.

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  1  Seniority shall not be considered in determining a teacher's

  2  eligibility. Each nominating panel shall determine its own

  3  process for making nominations, except that the parent panel

  4  shall include a survey of the parents of the students enrolled

  5  in the school. To be eligible to receive an Outstanding

  6  Teacher Incentive Award, a teacher must be nominated by both

  7  the teacher and parent panels, provided that the "Teacher of

  8  the Year" nominee of the school, if any, shall also be a

  9  nominee for an Outstanding Teacher Incentive Award.

10  Nominations must be submitted to the school principal by May 1

11  of each school year.

12         (6)  The school principal shall review the nominations

13  of the teacher and parent panels and, based on his or her

14  professional knowledge, concur or fail to concur with the

15  nominations. The principal may not make nominations. When the

16  teacher and parent panels and the principal agree on the

17  teachers who represent the most effective 10 percent of the

18  teachers in the school, an Outstanding Teacher Incentive Award

19  of $2,000 shall be given to each such teacher. The principal

20  shall certify to the district superintendent and the school

21  board the name of each teacher of the school selected to

22  receive a $2,000 Outstanding Teacher Incentive Award.

23         (7)  Upon accepting the Outstanding Teacher Incentive

24  Award, each teacher must agree to serve as mentor and coach

25  for other teachers in the school during the following year.

26  The principal shall facilitate mentoring opportunities for

27  teachers to acquire knowledge and skills from the school's

28  most effective teachers.

29         (8)  Funds to pay Outstanding Teacher Incentive Awards

30  shall be paid from state funds allocated to school districts

31  for this purpose only and shall not be a part of the school

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  1  district salary schedule. Each $2,000 payment shall be a

  2  one-time payment and shall not be a part of the teacher's base

  3  pay. There shall be no limit on the number of times a teacher

  4  may be nominated and receive an Outstanding Teacher Incentive

  5  Award. All taxes due, if any, shall be paid from the award in

  6  accordance with applicable laws and regulations.

  7         (9)  The terms and conditions and all payments made

  8  under the Florida Outstanding Teacher Program shall not be

  9  subject to collective bargaining.

10         (10)  This act shall be implemented only to the extent

11  funded in the General Appropriations Act.

12         Section 2.  Paragraph (c) of subsection (5) of section

13  230.23, Florida Statutes, as amended by chapter 97-212, Laws

14  of Florida, is amended to read:

15         230.23  Powers and duties of school board.--The school

16  board, acting as a board, shall exercise all powers and

17  perform all duties listed below:

18         (5)  PERSONNEL.--Designate positions to be filled,

19  prescribe qualifications for those positions, and provide for

20  the appointment, compensation, promotion, suspension, and

21  dismissal of employees as follows, subject to the requirements

22  of chapter 231:

23         (c)  Compensation and salary schedules.--Adopt a salary

24  schedule or salary schedules to be used as a basis for paying

25  all school employees, such schedules to be arranged, insofar

26  as practicable, so as to furnish incentive for improvement in

27  training and for continued and efficient service and fix and

28  authorize the compensation of school employees on the basis of

29  such schedules.  A district school board, in determining the

30  salary schedule for instructional personnel, must base a

31  portion of each employee's compensation on performance

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  1  demonstrated under s. 231.29 and must consider the prior

  2  teaching experience of a person who has been designated state

  3  teacher of the year by any state in the United States. A

  4  district school board that implements the Florida Outstanding

  5  Teacher Program under s. 231.025 satisfies the requirement

  6  that it must determine a salary schedule for instructional

  7  personnel that bases a portion of each employee's compensation

  8  on performance demonstrated under s. 231.29. In developing the

  9  salary schedule, the school board shall seek input from

10  parents, teachers, and representatives of the business

11  community.

12         Section 3.  Subsection (4) of section 236.02, Florida

13  Statutes, as amended by chapter 97-212, Laws of Florida, is

14  amended to read:

15         236.02  Minimum requirements of the Florida Education

16  Finance Program.--Each district which participates in the

17  state appropriations for the Florida Education Finance Program

18  shall provide evidence of its effort to maintain an adequate

19  school program throughout the district and shall meet at least

20  the following requirements:

21         (4)  SALARY SCHEDULES.--Expend funds for salaries in

22  accordance with a salary schedule or schedules adopted by the

23  school board in accordance with the provisions of law and

24  regulations of the commissioner. Expenditures for salaries of

25  instructional personnel must include compensation based on

26  employee performance demonstrated under s. 231.29. A school

27  district that implements the Florida Outstanding Teacher

28  Program under s. 231.025 satisfies the requirement that

29  expenditures for salaries of instructional personnel must

30  include compensation based on employee performance

31  demonstrated under s. 231.29.

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  1         Section 4.  Section 236.08106, Florida Statutes, is

  2  created to read:

  3         236.08106  Excellent Teaching Program.--

  4         (1)  The Legislature recognizes that teachers play a

  5  critical role in preparing students to achieve the high levels

  6  of academic performance expected by the Sunshine State

  7  Standards. The Legislature further recognizes the importance

  8  of identifying and rewarding teaching excellence and of

  9  encouraging good teachers to become excellent teachers. The

10  Legislature finds that the National Board for Professional

11  Teaching Standards (NBPTS) has established high and rigorous

12  standards for accomplished teaching and has developed a

13  national voluntary system for assessing and certifying

14  teachers who demonstrate teaching excellence by meeting those

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

16  incentives for teachers to seek NBPTS certification and to

17  reward teachers who demonstrate teaching excellence by

18  attaining NBPTS certification and sharing their expertise with

19  other teachers.

20         (2)  The Excellent Teaching Program is created to

21  provide categorical funding for monetary incentives and

22  bonuses for teaching excellence. The Department of Education

23  shall allocate and distribute to each school district an

24  amount as prescribed annually by the Legislature for the

25  Excellent Teaching Program. Unless otherwise provided in the

26  General Appropriations Act, each school district's annual

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

28  following incentives and bonuses:

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

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

31  the district school board or a public school within that

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  1  school district, who satisfies the prerequisites for

  2  participating in the NBPTS certification program, and who

  3  agrees, in writing, to pay 10 percent of the NBPTS

  4  participation fee and to participate in the NBPTS

  5  certification program during the school year for which the fee

  6  subsidy is provided. The fee subsidy for each eligible

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

  8  charged for participating in the NBPTS certification program,

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

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

11  individual.

12         (b)  Funding for substitute teachers' salaries to

13  provide 3 days of release time to each teacher participating

14  in the NBPTS certification program. The employing school

15  district or public school shall provide at least 3 days of

16  release time during the school year to allow each

17  participating teacher to prepare a portfolio and engage in

18  other activities for the NBPTS certification program.

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

20  fiscal year's statewide average salary for classroom teachers

21  to be paid to each individual who holds NBPTS certification

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

23  school within that school district. The district school board

24  shall distribute the annual bonus as a single payment or

25  divided into not more than three payments to each individual

26  who demonstrates satisfactory teaching performance pursuant to

27  s. 231.29 and who meets the other requirements of this

28  paragraph.

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

30  fiscal year's statewide average salary for classroom teachers

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

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

  2  equivalent of 12 workdays of mentoring and related services to

  3  public school teachers within the district who do not hold

  4  NBPTS certification. The district school board shall

  5  distribute the annual bonus in a single payment following the

  6  completion of all required mentoring and related services for

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

  8  excellent teachers from their assigned classrooms; therefore,

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

10  school for mentoring or related services provided during the

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

12  for the school year.

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

14  percent of the teacher bonuses provided under paragraphs (c)

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

16  development of teachers. The district must use all funds

17  received pursuant to this paragraph for professional

18  development of teachers employed at schools identified as

19  performing at critically low levels.

20

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

22  who does not complete the certification program or does not

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

24  after completing the certification program must repay the

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

26  teacher who completes the certification program but fails to

27  be awarded NBPTS certification is not required to repay the

28  amount of the certification fee if the teacher meets the

29  1-year teaching requirement. Repayment is not required of a

30  teacher who does not complete the certification program or

31  fails to fulfill the teaching requirement because of the

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

  2  circumstances as determined by the State Board of Education.

  3         Section 5.  Paragraph (a) of subsection (5) of section

  4  236.081, Florida Statutes, as amended by chapter 97-380, Laws

  5  of Florida, is amended to read:

  6         236.081  Funds for operation of schools.--If the annual

  7  allocation from the Florida Education Finance Program to each

  8  district for operation of schools is not determined in the

  9  annual appropriations act or the substantive bill implementing

10  the annual appropriations act, it shall be determined as

11  follows:

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

13  provides for the establishment of selected categorical

14  programs to assist in the development and maintenance of

15  activities giving indirect support to the programs previously

16  funded.  These categorical appropriations may be funded as

17  general and transitional categorical programs.  It is the

18  intent of the Legislature that no transitional categorical

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

20  of original authorization. Such programs are as follows:

21         (a)  General.--

22         1.  Comprehensive school construction and debt service

23  as provided by law.

24         2.  Community schools as provided by law.

25         3.  School lunch programs as provided by law.

26         4.  Instructional material funds as provided by law.

27         5.  Student transportation as provided by law.

28         6.  Student development services as provided by law.

29         7.  Diagnostic and learning resource centers as

30  provided by law.

31         8.  Comprehensive health education as provided by law.

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  1         9.  Excellent Teaching Program as provided by law.

  2         Section 6.  Section 231.173, Florida Statutes, is

  3  amended to read:

  4         231.173  Successful experienced out-of-state teachers

  5  and administrators.--

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

  7  231.15, and 231.17, and 231.172 or any other provision of law

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

  9  certified out-of-state teacher or administrator qualifies

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

11  may qualify for a professional certificate if the applicant:

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

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

14  231.02.

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

16  the state where the applicant most recently taught, which

17  standard certificate is equivalent to the professional

18  certificate issued by this state and for which specialization

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

20  required in this state for the specialization coverage sought

21  by the applicant applicant's area of assignment.

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

23  full-time teaching or administrative experience in another

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

25  immediately preceding the date of application for

26  certification.

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

28  professional certificate if the applicant meets the

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

30  certificate issued by the National Board for Professional

31  Teaching Standards.

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

  2  certificate from the superintendent of the employing school

  3  district or governing authority of the employing developmental

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

  5  within the first 120 days of assignment with validation of

  6  awareness of the standards of professional practice.

  7         (3)(5)  The professional certificate issued in

  8  accordance with subsection (1) these provisions shall reflect

  9  specialization coverages as follows:

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

11  academic assignment shall be eligible for the academic

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

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

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

15  for Professional Teaching Standards.

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

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

18  this state shall be eligible for the educational leadership

19  coverage.

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

21  appointed as an administrator of an adult education program at

22  a public school or nonpublic school in this state shall be

23  eligible for the administration of adult education coverage.

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

25  appointed as a director of career education at a public school

26  or nonpublic school in this state shall be eligible for the

27  director of career education coverage.

28         Section 7.  Subsection (2) and paragraph (b) of

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

30  amended to read:

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  1         231.24  Process for renewal of professional

  2  certificates.--

  3         (2)  All professional certificates, except a

  4  nonrenewable professional certificate, shall be renewable for

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

  6  submission of documentation of completion of the requirements

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

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

  9  professional certificate, except that a teacher with national

10  certification from the National Board for Professional

11  Teaching Standards is deemed to meet state renewal

12  requirements for the life of the teacher's national

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

14  received by the department or by the employing school district

15  before the expiration of the professional certificate, the

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

17  submitted before July 1 of the year following expiration of

18  the certificate in order to renew the professional

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

20  1-year extension of the validity period of a professional

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

22  extraordinary extenuating circumstances of the applicant. The

23  department shall grant such 1-year extension upon written

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

25  school district or the governing authority of a developmental

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

27  that employs the applicant.

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

29  following requirements must be met:

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

31  points, the applicant may renew a specialization area by

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

  2  completion of the national certification from the National

  3  Board for Professional Teaching Standards in that

  4  specialization area, or by completion of a department approved

  5  summer work program in a business or industry directly related

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

  7  state board shall adopt rules providing for the approval

  8  procedure.

  9         Section 8.  This act shall take effect July 1 of the

10  year in which enacted.

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